83_FR_26826 83 FR 26715 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend and Reorganize Specific Chapters in the Schedule of Fees

83 FR 26715 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend and Reorganize Specific Chapters in the Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 111 (June 8, 2018)

Page Range26715-26717
FR Document2018-12320

Federal Register, Volume 83 Issue 111 (Friday, June 8, 2018)
[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Notices]
[Pages 26715-26717]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12320]



[[Page 26715]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83368; File No. SR-MRX-2018-17]


Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend and 
Reorganize Specific Chapters in the Schedule of Fees

June 4, 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 May 22, 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.
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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 amend and reorganize Chapters II, IV, V, 
and VI of the MRX Schedule of Fees.
    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 amend Chapters II, IV, V, and VI of the 
MRX Schedule of Fees to: (i) Eliminate the Table of Contents; (ii) 
remove the INET Port Fees from Chapter II, Part B; (iii) adopt a new 
Chapter IV, entitled ``Ports and Other Services'' and amend and 
reorganize the current port fees; (iv) adopt a new Chapter V, entitled 
``Market Data'' and list all the market data feeds; and (v) renumber 
Chapter IV, entitled ``Connectivity Fees.'' Each change will be 
described in more detail below. The Exchange believes that the proposed 
amendments to the Schedule of Fees will provide more clarity as to the 
current fees. The Exchange notes that no fee changes are being 
introduced in this rule change. The Exchange is simply reorganizing its 
rules to conform to other Nasdaq affiliate markets by aligning the 
location and description of its rules on each market.
Table of Contents
    The Exchange proposes to eliminate the Table of Contents in the MRX 
Schedule of Fees. The Table of Contents are unnecessary. The website 
where the MRX rules are listed \3\ contains hyperlinks and a skeleton 
of the available rules within the site and enables market participants 
to view all rules in that section.
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    \3\ MRX rules are located at: http://nasdaqmrx.cchwallstreet.com/.
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INET Port Fees
    The Exchange currently lists all INET Port Fees within Chapter II, 
Part C. The Exchange proposes to delete this rule text and relocate it 
to proposed new Chapter IV and entitle that chapter as ``Ports and 
Other Services.'' The Exchange believes that this title more accurately 
describes the types of fees contained in this chapter. The Exchange 
proposes to restructure the port fees. First, the Exchange proposes to 
add language at the beginning of this new chapter to state, ``The below 
charges are assessed by MRX for connectivity to MRX.'' The Exchange 
believes that this sentence makes clear that the fees apply to MRX. The 
Exchange proposes to define a port as ``a logical connection or session 
that enables a market participant to send inbound messages and/or 
receive outbound messages from the Exchange using various communication 
protocols.'' The Exchange believes this definition will assist members 
in distinguishing ports from other offerings.
    The Exchange proposes to restructure the port fees into 4 
categories. The Exchange proposes to list order and quote protocols 
first, order and execution offerings next, followed by data ports and 
other ports as the last section. The Exchange proposes to list data 
offerings that are offered at no cost. The Exchange believes that 
aligning its offerings, where relevant, with other affiliated markets 
\4\ will provide more transparency as to the offerings for market 
participants.
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    \4\ The Exchange offers various services across its 6 affiliated 
options markets, MRX, Nasdaq PHLX LLC, Nasdaq BX, Inc., The Nasdaq 
Options Market LLC, Nasdaq GEMX, LLC, and Nasdaq ISE, LLC (``Nasdaq 
Affiliated Markets'').
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    The Exchange proposes to add a new section (i) and include the 
following introductory sentence, ``The following order and quote 
protocols are available on MRX.'' The Exchange proposes to list the 
order entry protocol port fees for FIX, SQF, SQF Purge Port and OTTO in 
this section. The fees are not being amended, the existing fees are 
being relocated into new section (i).
    The Exchange proposes to add a new section (ii) and include the 
following introductory sentence, ``The following order and execution 
information is available to Members.'' The Exchange intends to list 
other port or interface information into this section that are 
available to MRX Members. The Exchange is relocating the CTI and FIX 
DROP port fees. No changes are being made to those fees. The Exchange 
also proposes to list TradeInfo MRX Interface into this section. The 
Exchange has recently filed to establish this Interface within the MRX 
rules.\5\ The Exchange proposes to note this interface is available on 
MRX at no cost.
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    \5\ See SR-MRX-2018-16 (not yet published).
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    The Exchange proposes to add a new section (iii) and include the 
following language, ``The following data port fees apply in connection 
with data subscriptions pursuant to MRX Rules at Chapter V. These ports 
are available to non-MRX Members and MRX Members.'' Today, MRX does not 
assess a fee for these ports outlined in new section (iii). Similar to 
other Nasdaq Affiliated Markets the Exchange proposes to list all of 
the ports that Members and Non-Members obtain today at no cost. The 
Exchange believes that listing these ports in addition to the data 
subscriptions will bring more transparency to the Schedule of Fees.
    The Exchange proposes to add a new section (iv) entitled ``Other 
ports'' and relocate the Disaster Recovery Ports into this section. The 
Exchange also proposes to make clear that a Disaster Recovery Port is 
available for any port listed in proposed sections (i)-(iii).
Market Data
    The Exchange proposes to adopt a new Chapter V and entitle this 
section Market Data. Today, MRX does not assess fees for Market Data. 
The

[[Page 26716]]

Exchange proposes to list its Market Data within Chapter V and note 
that there is no cost. The Exchange's Market Data fees are listed in 
Rule 718. The Exchange has listed these feeds within Chapter V to bring 
more transparency to the Schedule of Fees. Finally, the Exchange 
proposes to renumber Chapter IV, Connectivity Fees as new Chapter VI to 
account for the two new chapters proposed for the Rulebook.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Securities Exchange Act of 1934 (the 
``Act''),\6\ in general, and furthers the objectives of Section 6(b)(5) 
of the Act,\7\ in particular, in that it is designed to promote just 
and equitable principles of trade, to remove impediments to and perfect 
the mechanism for a free and open market and a national market system, 
and, in general, to protect investors and the public interest, by 
providing greater transparency as to the ports offered on MRX.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange's proposal to remove the Table of Contents, relocate 
the INET Fees, retitle and restructure those fees and adopt a new 
Market Data section at Chapter V are administrative. These changes are 
consistent with the protection of investor and the public interest 
because the amendments are intended to bring greater clarity to the 
Rulebook. The Exchange's proposal to reorganize the port fees into 
sections and include pricing for ports that are offered at no cost is 
also consistent with the protection of investor and the public interest 
because it will bring greater transparency to the Exchange's current 
offerings. The Exchange's proposal to display the various market data 
within newly proposed Chapter V will also bring greater transparency to 
the Exchange's current offerings.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\8\ the Exchange does 
not believe that the proposed rule change will impose any burden on 
intermarket or intra-market competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange's 
proposal does not impose an undue burden on competition, rather the 
Exchange is seeking to provide greater transparency within its rules 
with respect to the various ports and market data offered on MRX.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(8).
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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 \9\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the Commission to 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposed 
rule change may become effective and operative immediately upon filing. 
The Exchange states that it believes the waiver will further the 
protection of investors and the public interest because it will provide 
greater transparency as to various ports available to market 
participants. The Exchange further states that the proposed rule change 
will bring greater clarity to the Schedule of Fees. The Commission 
believes that waiver of the 30-day operative delay is consistent with 
the protection of investors and the public interest. Therefore, the 
Commission hereby waives the 30-day operative delay and designates the 
proposed rule change as operative upon filing.\13\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-MRX-2018-17 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-2018-17. 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

[[Page 26717]]

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-2018-17 and should be 
submitted on or before June 29, 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).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12320 Filed 6-7-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                  Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices                                                     26715

                                              SECURITIES AND EXCHANGE                                    Table of Contents; (ii) remove the INET                data offerings that are offered at no cost.
                                              COMMISSION                                                 Port Fees from Chapter II, Part B; (iii)               The Exchange believes that aligning its
                                                                                                         adopt a new Chapter IV, entitled ‘‘Ports               offerings, where relevant, with other
                                              [Release No. 34–83368; File No. SR–MRX–
                                              2018–17]
                                                                                                         and Other Services’’ and amend and                     affiliated markets 4 will provide more
                                                                                                         reorganize the current port fees; (iv)                 transparency as to the offerings for
                                              Self-Regulatory Organizations; Nasdaq                      adopt a new Chapter V, entitled ‘‘Market               market participants.
                                              MRX, LLC; Notice of Filing and                             Data’’ and list all the market data feeds;                The Exchange proposes to add a new
                                              Immediate Effectiveness of Proposed                        and (v) renumber Chapter IV, entitled                  section (i) and include the following
                                              Rule Change To Amend and                                   ‘‘Connectivity Fees.’’ Each change will                introductory sentence, ‘‘The following
                                              Reorganize Specific Chapters in the                        be described in more detail below. The                 order and quote protocols are available
                                              Schedule of Fees                                           Exchange believes that the proposed                    on MRX.’’ The Exchange proposes to list
                                                                                                         amendments to the Schedule of Fees                     the order entry protocol port fees for
                                              June 4, 2018.                                              will provide more clarity as to the                    FIX, SQF, SQF Purge Port and OTTO in
                                                 Pursuant to Section 19(b)(1) of the                     current fees. The Exchange notes that no               this section. The fees are not being
                                              Securities Exchange Act of 1934                            fee changes are being introduced in this               amended, the existing fees are being
                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    rule change. The Exchange is simply                    relocated into new section (i).
                                              notice is hereby given that on May 22,                     reorganizing its rules to conform to                      The Exchange proposes to add a new
                                              2018, Nasdaq MRX, LLC (‘‘MRX’’ or                          other Nasdaq affiliate markets by                      section (ii) and include the following
                                              ‘‘Exchange’’) filed with the Securities                    aligning the location and description of               introductory sentence, ‘‘The following
                                              and Exchange Commission                                    its rules on each market.                              order and execution information is
                                              (‘‘Commission’’) the proposed rule                                                                                available to Members.’’ The Exchange
                                              change as described in Items I and II                      Table of Contents                                      intends to list other port or interface
                                              below, which Items have been prepared                        The Exchange proposes to eliminate                   information into this section that are
                                              by the Exchange. The Commission is                         the Table of Contents in the MRX                       available to MRX Members. The
                                              publishing this notice to solicit                          Schedule of Fees. The Table of Contents                Exchange is relocating the CTI and FIX
                                              comments on the proposed rule change                       are unnecessary. The website where the                 DROP port fees. No changes are being
                                              from interested persons.                                   MRX rules are listed 3 contains                        made to those fees. The Exchange also
                                                                                                         hyperlinks and a skeleton of the                       proposes to list TradeInfo MRX Interface
                                              I. Self-Regulatory Organization’s
                                                                                                         available rules within the site and                    into this section. The Exchange has
                                              Statement of the Terms of Substance of
                                                                                                         enables market participants to view all                recently filed to establish this Interface
                                              the Proposed Rule Change
                                                                                                         rules in that section.                                 within the MRX rules.5 The Exchange
                                                 The Exchange proposes to amend and                                                                             proposes to note this interface is
                                              reorganize Chapters II, IV, V, and VI of                   INET Port Fees                                         available on MRX at no cost.
                                              the MRX Schedule of Fees.                                     The Exchange currently lists all INET                  The Exchange proposes to add a new
                                                 The text of the proposed rule change                    Port Fees within Chapter II, Part C. The               section (iii) and include the following
                                              is available on the Exchange’s website at                  Exchange proposes to delete this rule                  language, ‘‘The following data port fees
                                              http://nasdaqmrx.cchwallstreet.com/, at                    text and relocate it to proposed new                   apply in connection with data
                                              the principal office of the Exchange, and                  Chapter IV and entitle that chapter as                 subscriptions pursuant to MRX Rules at
                                              at the Commission’s Public Reference                       ‘‘Ports and Other Services.’’ The                      Chapter V. These ports are available to
                                              Room.                                                      Exchange believes that this title more                 non-MRX Members and MRX
                                              II. Self-Regulatory Organization’s                         accurately describes the types of fees                 Members.’’ Today, MRX does not assess
                                              Statement of the Purpose of, and                           contained in this chapter. The Exchange                a fee for these ports outlined in new
                                              Statutory Basis for, the Proposed Rule                     proposes to restructure the port fees.                 section (iii). Similar to other Nasdaq
                                              Change                                                     First, the Exchange proposes to add                    Affiliated Markets the Exchange
                                                                                                         language at the beginning of this new                  proposes to list all of the ports that
                                                 In its filing with the Commission, the                                                                         Members and Non-Members obtain
                                                                                                         chapter to state, ‘‘The below charges are
                                              Exchange included statements                                                                                      today at no cost. The Exchange believes
                                                                                                         assessed by MRX for connectivity to
                                              concerning the purpose of and basis for                                                                           that listing these ports in addition to the
                                                                                                         MRX.’’ The Exchange believes that this
                                              the proposed rule change and discussed                                                                            data subscriptions will bring more
                                                                                                         sentence makes clear that the fees apply
                                              any comments it received on the                                                                                   transparency to the Schedule of Fees.
                                                                                                         to MRX. The Exchange proposes to
                                              proposed rule change. The text of these                                                                              The Exchange proposes to add a new
                                                                                                         define a port as ‘‘a logical connection or
                                              statements may be examined at the                                                                                 section (iv) entitled ‘‘Other ports’’ and
                                                                                                         session that enables a market participant
                                              places specified in Item IV below. The                                                                            relocate the Disaster Recovery Ports into
                                                                                                         to send inbound messages and/or
                                              Exchange has prepared summaries, set                                                                              this section. The Exchange also
                                                                                                         receive outbound messages from the
                                              forth in sections A, B, and C below, of                                                                           proposes to make clear that a Disaster
                                                                                                         Exchange using various communication
                                              the most significant aspects of such                                                                              Recovery Port is available for any port
                                                                                                         protocols.’’ The Exchange believes this
                                              statements.                                                                                                       listed in proposed sections (i)–(iii).
                                                                                                         definition will assist members in
                                              A. Self-Regulatory Organization’s                          distinguishing ports from other                        Market Data
                                              Statement of the Purpose of, and                           offerings.
                                              Statutory Basis for, the Proposed Rule                        The Exchange proposes to restructure                  The Exchange proposes to adopt a
                                              Change                                                     the port fees into 4 categories. The                   new Chapter V and entitle this section
                                                                                                         Exchange proposes to list order and                    Market Data. Today, MRX does not
amozie on DSK3GDR082PROD with NOTICES1




                                              1. Purpose                                                 quote protocols first, order and                       assess fees for Market Data. The
                                                 The Exchange proposes to amend                          execution offerings next, followed by
                                                                                                                                                                   4 The Exchange offers various services across its
                                              Chapters II, IV, V, and VI of the MRX                      data ports and other ports as the last                 6 affiliated options markets, MRX, Nasdaq PHLX
                                              Schedule of Fees to: (i) Eliminate the                     section. The Exchange proposes to list                 LLC, Nasdaq BX, Inc., The Nasdaq Options Market
                                                                                                                                                                LLC, Nasdaq GEMX, LLC, and Nasdaq ISE, LLC
                                                1 15   U.S.C. 78s(b)(1).                                   3 MRX rules are located at: http://                  (‘‘Nasdaq Affiliated Markets’’).
                                                2 17   CFR 240.19b–4.                                    nasdaqmrx.cchwallstreet.com/.                             5 See SR–MRX–2018–16 (not yet published).




                                         VerDate Sep<11>2014      16:53 Jun 07, 2018   Jkt 241001   PO 00000   Frm 00075   Fmt 4703   Sfmt 4703   E:\FR\FM\08JNN1.SGM   08JNN1


                                              26716                             Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices

                                              Exchange proposes to list its Market                     with respect to the various ports and                        At any time within 60 days of the
                                              Data within Chapter V and note that                      market data offered on MRX.                               filing of the proposed rule change, the
                                              there is no cost. The Exchange’s Market                                                                            Commission summarily may
                                                                                                       C. Self-Regulatory Organization’s
                                              Data fees are listed in Rule 718. The                                                                              temporarily suspend such rule change if
                                                                                                       Statement on Comments on the
                                              Exchange has listed these feeds within                                                                             it appears to the Commission that such
                                                                                                       Proposed Rule Change Received From
                                              Chapter V to bring more transparency to                                                                            action is: (i) Necessary or appropriate in
                                                                                                       Members, Participants, or Others
                                              the Schedule of Fees. Finally, the                                                                                 the public interest; (ii) for the protection
                                              Exchange proposes to renumber Chapter                      No written comments were either                         of investors; or (iii) otherwise in
                                              IV, Connectivity Fees as new Chapter VI                  solicited or received.                                    furtherance of the purposes of the Act.
                                              to account for the two new chapters                      III. Date of Effectiveness of the                         If the Commission takes such action, the
                                              proposed for the Rulebook.                               Proposed Rule Change and Timing for                       Commission shall institute proceedings
                                                                                                       Commission Action                                         to determine whether the proposed rule
                                              2. Statutory Basis                                                                                                 should be approved or disapproved.
                                                                                                          Because the foregoing proposed rule
                                                 The Exchange believes that the                        change does not: (i) Significantly affect                 IV. Solicitation of Comments
                                              proposed rule change is consistent with                  the protection of investors or the public                   Interested persons are invited to
                                              Section 6(b) of the Securities Exchange                  interest; (ii) impose any significant                     submit written data, views, and
                                              Act of 1934 (the ‘‘Act’’),6 in general, and              burden on competition; and (iii) become                   arguments concerning the foregoing,
                                              furthers the objectives of Section 6(b)(5)               operative for 30 days from the date on                    including whether the proposed rule
                                              of the Act,7 in particular, in that it is                which it was filed, or such shorter time                  change is consistent with the Act.
                                              designed to promote just and equitable                   as the Commission may designate, it has                   Comments may be submitted by any of
                                              principles of trade, to remove                           become effective pursuant to Section                      the following methods:
                                              impediments to and perfect the                           19(b)(3)(A)(iii) of the Act 9 and
                                              mechanism for a free and open market                     subparagraph (f)(6) of Rule 19b–4                         Electronic Comments
                                              and a national market system, and, in                    thereunder.10                                               • Use the Commission’s internet
                                              general, to protect investors and the                       A proposed rule change filed under                     comment form (http://www.sec.gov/
                                              public interest, by providing greater                    Rule 19b–4(f)(6) 11 normally does not                     rules/sro.shtml); or
                                              transparency as to the ports offered on                  become operative prior to 30 days after                     • Send an email to rule-comments@
                                              MRX.                                                     the date of the filing. However, Rule                     sec.gov. Please include File Number SR–
                                                                                                       19b–4(f)(6)(iii) 12 permits the                           MRX–2018–17 on the subject line.
                                                 The Exchange’s proposal to remove                     Commission to designate a shorter time
                                              the Table of Contents, relocate the INET                                                                           Paper Comments
                                                                                                       if such action is consistent with the
                                              Fees, retitle and restructure those fees                 protection of investors and the public                       • Send paper comments in triplicate
                                              and adopt a new Market Data section at                   interest. The Exchange has asked the                      to Secretary, Securities and Exchange
                                              Chapter V are administrative. These                      Commission to waive the 30-day                            Commission, 100 F Street NE,
                                              changes are consistent with the                          operative delay so that the proposed                      Washington, DC 20549–1090.
                                              protection of investor and the public                    rule change may become effective and                      All submissions should refer to File
                                              interest because the amendments are                      operative immediately upon filing. The                    Number SR–MRX–2018–17. This file
                                              intended to bring greater clarity to the                 Exchange states that it believes the                      number should be included on the
                                              Rulebook. The Exchange’s proposal to                     waiver will further the protection of                     subject line if email is used. To help the
                                              reorganize the port fees into sections                   investors and the public interest                         Commission process and review your
                                              and include pricing for ports that are                   because it will provide greater                           comments more efficiently, please use
                                              offered at no cost is also consistent with               transparency as to various ports                          only one method. The Commission will
                                              the protection of investor and the public                available to market participants. The                     post all comments on the Commission’s
                                              interest because it will bring greater                   Exchange further states that the                          internet website (http://www.sec.gov/
                                              transparency to the Exchange’s current                   proposed rule change will bring greater                   rules/sro.shtml). Copies of the
                                              offerings. The Exchange’s proposal to                    clarity to the Schedule of Fees. The                      submission, all subsequent
                                              display the various market data within                   Commission believes that waiver of the                    amendments, all written statements
                                              newly proposed Chapter V will also                       30-day operative delay is consistent                      with respect to the proposed rule
                                              bring greater transparency to the                        with the protection of investors and the                  change that are filed with the
                                              Exchange’s current offerings.                            public interest. Therefore, the                           Commission, and all written
                                                                                                       Commission hereby waives the 30-day                       communications relating to the
                                              B. Self-Regulatory Organization’s
                                                                                                       operative delay and designates the                        proposed rule change between the
                                              Statement on Burden on Competition
                                                                                                       proposed rule change as operative upon                    Commission and any person, other than
                                                In accordance with Section 6(b)(8) of                  filing.13                                                 those that may be withheld from the
                                              the Act,8 the Exchange does not believe                                                                            public in accordance with the
                                                                                                         9 15  U.S.C. 78s(b)(3)(A)(iii).
                                              that the proposed rule change will                                                                                 provisions of 5 U.S.C. 552, will be
                                                                                                         10 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                              impose any burden on intermarket or                                                                                available for website viewing and
                                                                                                       4(f)(6) requires a self-regulatory organization to give
                                              intra-market competition that is not                     the Commission written notice of its intent to file       printing in the Commission’s Public
                                              necessary or appropriate in furtherance                  the proposed rule change at least five business days      Reference Room, 100 F Street NE,
                                              of the purposes of the Act. The                          prior to the date of filing of the proposed rule          Washington, DC 20549, on official
                                                                                                       change, or such shorter time as designated by the
                                              Exchange’s proposal does not impose an                                                                             business days between the hours of
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                                                                                                       Commission. The Exchange has satisfied this
                                              undue burden on competition, rather                      requirement.                                              10:00 a.m. and 3:00 p.m. Copies of the
                                              the Exchange is seeking to provide                          11 17 CFR 240.19b–4(f)(6).                             filing also will be available for
                                              greater transparency within its rules                       12 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                 inspection and copying at the principal
                                                                                                          13 For purposes only of waiving the 30-day
                                                                                                                                                                 office of the Exchange. All comments
                                                                                                       operative delay, the Commission has also
                                                6 15 U.S.C. 78f(b).                                    considered the proposed rule’s impact on
                                                                                                                                                                 received will be posted without change.
                                                7 15 U.S.C. 78f(b)(5).                                 efficiency, competition, and capital formation. See       Persons submitting comments are
                                                8 15 U.S.C. 78f(b)(8).                                 15 U.S.C. 78c(f).                                         cautioned that we do not redact or edit


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                                                                               Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices                                                       26717

                                              personal identifying information from                   the proposed rule change and discussed                     types of orders that are aggregated to
                                              comment submissions. You should                         any comments it received on the                            conform the rule text.
                                              submit only information that you wish                   proposed rule change. The text of these
                                                                                                                                                                 MRX Rule 718(b)
                                              to make available publicly. All                         statements may be examined at the
                                              submissions should refer to File                        places specified in Item IV below. The                       The Exchange proposes to adopt a
                                              Number SR–MRX–2018–17 and should                        Exchange has prepared summaries, set                       new MRX Rule 718(b) and memorialize
                                              be submitted on or before June 29, 2018.                forth in sections A, B, and C below, of                    the following order and execution
                                                                                                      the most significant aspects of such                       information which was discussed in
                                                For the Commission, by the Division of
                                              Trading and Markets, pursuant to delegated              statements.                                                other rule filings by the Exchange: (i)
                                              authority.14                                                                                                       Clearing Trade Information or ‘‘CTI’’;
                                                                                                      A. Self-Regulatory Organization’s                          and (ii) FIX DROP.6 The Exchange is
                                              Eduardo A. Aleman,                                      Statement of the Purpose of, and                           also adding a description for TradeInfo.
                                              Assistant Secretary.                                    Statutory Basis for, the Proposed Rule                     The TradeInfo user interface is being
                                              [FR Doc. 2018–12320 Filed 6–7–18; 8:45 am]              Change                                                     offered today on MRX at no cost.
                                              BILLING CODE 8011–01–P                                                                                               The Exchange notes that while CTI
                                                                                                      1. Purpose
                                                                                                                                                                 and FIX Drop information are accessible
                                                                                                         The Exchange proposes to add order                      through a port, TradeInfo is an interface.
                                              SECURITIES AND EXCHANGE                                 and execution information into MRX                         The Exchange notes this distinction to
                                              COMMISSION                                              Rule 718, entitled ‘‘Data Feeds.’’ The                     make clear the manner of delivery for
                                              [Release No. 34–83366; File No. SR–MRX–                 Exchange proposes to rename this rule                      each of these information types.
                                              2018–16]                                                ‘‘Data Feeds and Trade Information.’’
                                                                                                      The Exchange also proposes to amend                        CTI
                                              Self-Regulatory Organizations; Nasdaq                   Rule 100 to add definitions.                                  The Exchange stated in its Prior Filing
                                              MRX, LLC; Notice of Filing and                                                                                     that ‘‘CTI is a real-time clearing trade
                                              Immediate Effectiveness of Proposed                     MRX Rule 718(a)
                                                                                                                                                                 message that is sent to a Member after
                                              Rule Change To Memorialize Order and                       The Exchange proposes to amend the                      an execution has occurred and contains
                                              Execution Information Into MRX Rule                     Nasdaq MRX Top Quote Feed. The                             trade details. The message containing
                                              718                                                     Exchange stated in that description that                   the trade details is also simultaneously
                                              June 4, 2018.                                           this feed calculates and disseminates                      sent to The Options Clearing
                                                                                                      MRX’s best bid and offer position, with                    Corporation. The information includes,
                                                 Pursuant to Section 19(b)(1) of the
                                                                                                      aggregated size (including total size in                   among other things, the following: (i)
                                              Securities Exchange Act of 1934
                                                                                                      aggregate, for Public Customer 3 size in                   The Clearing Member Trade Agreement
                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                      the aggregate and Priority Customer 4                      or ‘‘CMTA’’ or The Options Clearing
                                              notice is hereby given that on May 23,
                                                                                                      size in the aggregate), based on                           Corporation or ‘‘OCC’’ number; (ii)
                                              2018, Nasdaq MRX, LLC (‘‘MRX’’ or
                                                                                                      displayable order and quote interest in                    Exchange badge or house number; (iii)
                                              ‘‘Exchange’’) filed with the Securities
                                                                                                      the System. The Exchange proposes to                       the Exchange internal firm identifier;
                                              and Exchange Commission
                                                                                                      amend this rule text to instead provide,                   and (iv) an indicator which will
                                              (‘‘Commission’’) the proposed rule
                                                                                                      ‘‘this feed calculates and disseminates                    distinguish electronic and non-
                                              change as described in Items I and II
                                                                                                      MRX’s best bid and offer position, with                    electronically delivered orders; (v)
                                              below, which Items have been prepared
                                                                                                      aggregated size (including total size in                   liquidity indicators and transaction type
                                              by the Exchange. The Commission is
                                                                                                      aggregate, for Professional Order 5 size                   for billing purposes; (vi) capacity.’’ 7
                                              publishing this notice to solicit
                                                                                                      in the aggregate and Priority Customer                        The Exchange is proposing to amend
                                              comments on the proposed rule change
                                                                                                      Order size in the aggregate), based on                     the CTI description and memorialize it
                                              from interested persons.
                                                                                                      displayable order and quote interest in                    within MRX Rule 718(b)(1). The
                                              I. Self-Regulatory Organization’s                       the System.’’ The Exchange intended to                     Exchange proposes to eliminate the
                                              Statement of the Terms of Substance of                  specify that Professional Orders and                       sentence which states, ‘‘The message
                                              the Proposed Rule Change                                Priority Customer Orders are segregated                    containing the trade details is also
                                                 The Exchange proposes to                             and aggregated. The Public Customer                        simultaneously sent to The Options
                                              memorialize its order and execution                     definition is too broad because it                         Clearing Corporation.’’ The Exchange’s
                                              information into MRX Rule 718, entitled                 includes a portion of Priority Customer,                   System sends clearing information to
                                              ‘‘Data Feeds.’’                                         which was already specified within the                     OCC for each transaction. This sentence
                                                 The text of the proposed rule change                 description. The Exchange proposes to                      does not add information that is useful
                                              is available on the Exchange’s website at               remove Public Customer and replace it                      or relevant and therefore the Exchange
                                              http://nasdaqmrx.cchwallstreet.com/, at                 with Professional Order to be more                         proposes to remove it. The Exchange
                                              the principal office of the Exchange, and               specific and amend Priority Customer to                    also proposes to delete the words ‘‘an
                                              at the Commission’s Public Reference                    Priority Customer Order to reference the                   indicator which will distinguish
                                              Room.                                                                                                              electronic and non-electronically
                                                                                                        3 The term ‘‘Public Customer’’ means a person or         delivered orders.’’ The only method on
                                              II. Self-Regulatory Organization’s                      entity that is not a broker or dealer in securities. See   MRX to deliver an order is
                                              Statement of the Purpose of, and                        Rule 100(a)(44).                                           electronically.
                                              Statutory Basis for, the Proposed Rule                    4 The term ‘‘Priority Customer’’ means a person
                                                                                                                                                                    The Exchange proposes to adopt new
                                              Change                                                  or entity that (i) is not a broker or dealer in
                                                                                                                                                                 definitions for ‘‘account number,’’ 8
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                                                                                                      securities, and (ii) does not place more than 390
                                                 In its filing with the Commission, the               orders in listed options per day on average during
                                                                                                                                                                   6 See Securities Exchange Act Release No. 81312
                                              Exchange included statements                            a calendar month for its own beneficial account(s).
                                                                                                      See 100(a)(41A). The term ‘‘Priority Customer              (August 3, 2017), 82 FR 37253 (August 3, 2017)
                                              concerning the purpose of and basis for                 Order’’ means an order for the account of a Priority       (SR–MRX–2017–13) (‘‘Prior Filing’’).
                                                                                                      Customer. See Rule 100(a)(43A).                              7 See note 3 above.
                                                14 17 CFR 200.30–3(a)(12).                              5 The term ‘‘Professional Order’’ means an order           8 An ‘‘account number’’ shall mean a number
                                                1 15 U.S.C. 78s(b)(1).                                that is for the account of a person or entity that is      assigned to a Member. Members may have more
                                                2 17 CFR 240.19b–4.                                   not a Priority Customer. See Rule 100(a)(43C).                                                      Continued




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Document Created: 2018-06-08 01:22:48
Document Modified: 2018-06-08 01:22:48
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 26715 

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