83_FR_30329 83 FR 30205 - Joint Industry Plan; Notice of Filing and Immediate Effectiveness of the Forty-Third Amendment to the Joint Self-Regulatory Organization Plan Governing the Collection, Consolidation and Dissemination of Quotation and Transaction Information for Nasdaq-Listed Securities Traded on Exchanges on an Unlisted Trading Privileges Basis

83 FR 30205 - Joint Industry Plan; Notice of Filing and Immediate Effectiveness of the Forty-Third Amendment to the Joint Self-Regulatory Organization Plan Governing the Collection, Consolidation and Dissemination of Quotation and Transaction Information for Nasdaq-Listed Securities Traded on Exchanges on an Unlisted Trading Privileges Basis

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 124 (June 27, 2018)

Page Range30205-30206
FR Document2018-13767

Federal Register, Volume 83 Issue 124 (Wednesday, June 27, 2018)
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Notices]
[Pages 30205-30206]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13767]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83493; File No. S7-24-89]


Joint Industry Plan; Notice of Filing and Immediate Effectiveness 
of the Forty-Third Amendment to the Joint Self-Regulatory Organization 
Plan Governing the Collection, Consolidation and Dissemination of 
Quotation and Transaction Information for Nasdaq-Listed Securities 
Traded on Exchanges on an Unlisted Trading Privileges Basis

June 21, 2018.
    Pursuant to Section 11A of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 608 thereunder,\2\ notice is hereby given that 
on June 5, 2018, the Participants \3\ in the Joint Self-Regulatory 
Organization Plan Governing the Collection, Consolidation and 
Dissemination of Quotation and Transaction Information for Nasdaq-
Listed Securities Traded on Exchanges on an Unlisted Trading Privileges 
Basis (``NASDAQ/UTP Plan,'' ``UTP Plan'' or ``Plan'') filed with the 
Securities and Exchange Commission (``Commission'') a proposal to amend 
the NASDAQ/UTP Plan.\4\ The amendment represents Amendment No. 43 to 
the NASDAQ/UTP Plan (``Amendment''). The Amendment seeks to effectuate 
changes that certain Participants have made to their names and 
addresses, as set forth in Section I(A) of the Nasdaq/UTP Plan and to 
update the listing of Participant identifying codes set forth in 
Section VIII(C) of the Plan.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The Participants are: Cboe BYX Exchange, Inc.; Cboe BZX 
Exchange, Inc.; Cboe EDGA Exchange, Inc.; Cboe EDGX Exchange, Inc.; 
Cboe Exchange, Inc.; Chicago Stock Exchange, Inc.; Financial 
Industry Regulatory Authority, Inc.; Investors Exchange LLC; Nasdaq 
BX, Inc.; Nasdaq ISE, LLC; Nasdaq PHLX LLC; The Nasdaq Stock Market 
LLC; New York Stock Exchange LLC; NYSE Arca, Inc.; NYSE American 
LLC; and NYSE National, Inc. (collectively, the ``Participants'').
    \4\ The Plan governs the collection, processing, and 
dissemination on a consolidated basis of quotation information and 
transaction reports in Eligible Securities for each of its 
Participants. This consolidated information informs investors of the 
current quotation and recent trade prices of Nasdaq securities. It 
enables investors to ascertain from one data source the current 
prices in all the markets trading Nasdaq securities. The Plan serves 
as the required transaction reporting plan for its Participants, 
which is a prerequisite for their trading Eligible Securities. See 
Securities Exchange Act Release No. 55647 (April 19, 2007), 72 FR 
20891 (April 26, 2007).
---------------------------------------------------------------------------

    Pursuant to Rule 608(b)(3)(ii) under Regulation NMS,\5\ the 
Participants have designated the Amendment as concerned solely with the 
administration of the Nasdaq/UTP Plan and as a ``Ministerial 
Amendment'' under Section XVI of the Plan. As a result, the Amendment 
was effective upon filing and was submitted by the Chairman of the 
Plan's Operating Committee. The Commission is publishing this notice to 
solicit comments from interested persons on the proposed Amendment. Set 
forth in Sections I and II is the statement of the purpose and summary 
of the Amendment, along with the information required by Rules 608(a) 
and 601(a) under the Act, prepared and submitted by the Participants to 
the Commission.
---------------------------------------------------------------------------

    \5\ 17 CFR 242.608(b)(3)(ii).
---------------------------------------------------------------------------

I. Rule 608(a)

A. Purpose of the Amendments

    The Amendment effectuates changes that certain Participants have 
made to their names and addresses, as set forth in Section I(A) of the 
UTP Plan and updates the listing of Participant identifying codes set 
forth in Section VIII(C) of the UTP Plan.

B. Governing or Constituent Documents

    Not applicable.

C. Implementation of the Amendments

    Because the Amendment constitutes a ``Ministerial Amendment'' under 
Section XVI of the UTP Plan, the Chairman of the UTP Plan's Operating 
Committee may submit the Amendment to the Commission on behalf of the 
Participants in the UTP Plan. Because the Participants have designated 
the Amendment as concerned solely with the administration of the Plan, 
the Amendment is effective upon filing with the Commission.

D. Development and Implementation Phases

    Not applicable.

E. Analysis of Impact on Competition

    The Participants assert that the Amendment does not impose any 
burden on competition because it simply effectuates a change in the 
names and addresses of certain Participants. For the same reasons, the 
Participants do not believe that the Amendment introduces terms that 
are unreasonably discriminatory for purposes of Section 11A(c)(1)(D) of 
the Exchange Act.

F. Written Understanding or Agreements Relating to Interpretation of, 
or Participation in, Plan

    Not applicable.

G. Approval by Sponsors in Accordance With Plan

    See Item I.C. above.

[[Page 30206]]

H. Description of Operation of Facility Contemplated by the Proposed 
Amendments

    Not applicable.

I. Terms and Conditions of Access

    Not applicable.

J. Method of Determination and Imposition, and Amount of, Fees and 
Charges

    Not applicable.

K. Method and Frequency of Processor Evaluation

    Not applicable.

L. Dispute Resolution

    Not applicable.

II. Rule 601(a)

A. Equity Securities for Which Transaction Reports Shall be Required by 
the Plan

    Not applicable.

B. Reporting Requirements

    Not applicable.

C. Manner of Collecting, Processing, Sequencing, Making Available and 
Disseminating Last Sale Information

    Not applicable.

D. Manner of Consolidation

    Not applicable.

E. Standards and Methods Ensuring Promptness, Accuracy and Completeness 
of Transaction Reports

    Not applicable.

F. Rules and Procedures Addressed to Fraudulent or Manipulative 
Dissemination

    Not applicable.

G. Terms of Access to Transaction Reports

    Not applicable.

H. Identification of Marketplace of Execution

    Not applicable.

III. Solicitation of Comments

    The Commission seeks general comments on the Amendment. Interested 
persons are invited to submit written data, views, and arguments 
concerning the foregoing, including whether the proposed Amendment 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 S7-24-89 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE, 
Washington, DC 20549-1090.

All submissions should refer to File Number File No. S7-24-89. 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 website (http://www.sec.gov/rules/sro.shtml). Copies 
of the submission, all written statements with respect to the proposed 
Amendment that are filed with the Commission, and all written 
communications relating to the proposed Amendment 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 website viewing and printing at 
the principal office of the Plans.
    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 S7-24-89 and should be 
submitted on or before July 18, 2018.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13767 Filed 6-26-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices                                           30205

                                               Paper Comments                                            SECURITIES AND EXCHANGE                                  administration of the Nasdaq/UTP Plan
                                                                                                         COMMISSION                                               and as a ‘‘Ministerial Amendment’’
                                                 • Send paper comments in triplicate                                                                              under Section XVI of the Plan. As a
                                               to Secretary, Securities and Exchange                     [Release No. 34–83493; File No. S7–24–89]
                                                                                                                                                                  result, the Amendment was effective
                                               Commission, 100 F Street NE,                                                                                       upon filing and was submitted by the
                                                                                                         Joint Industry Plan; Notice of Filing
                                               Washington, DC 20549–1090.                                                                                         Chairman of the Plan’s Operating
                                                                                                         and Immediate Effectiveness of the
                                               All submissions should refer to File                      Forty-Third Amendment to the Joint                       Committee. The Commission is
                                               Number SR–NFA–2018–02. This file                          Self-Regulatory Organization Plan                        publishing this notice to solicit
                                               number should be included on the                          Governing the Collection,                                comments from interested persons on
                                                                                                         Consolidation and Dissemination of                       the proposed Amendment. Set forth in
                                               subject line if email is used. To help the
                                                                                                         Quotation and Transaction Information                    Sections I and II is the statement of the
                                               Commission process and review your
                                                                                                         for Nasdaq-Listed Securities Traded on                   purpose and summary of the
                                               comments more efficiently, please use                                                                              Amendment, along with the information
                                               only one method. The Commission will                      Exchanges on an Unlisted Trading
                                                                                                         Privileges Basis                                         required by Rules 608(a) and 601(a)
                                               post all comments on the Commission’s                                                                              under the Act, prepared and submitted
                                               internet website (http://www.sec.gov/                     June 21, 2018.                                           by the Participants to the Commission.
                                               rules/sro.shtml). Copies of the                              Pursuant to Section 11A of the
                                               submission, all subsequent                                                                                         I. Rule 608(a)
                                                                                                         Securities Exchange Act of 1934
                                               amendments, all written statements                        (‘‘Act’’),1 and Rule 608 thereunder,2                    A. Purpose of the Amendments
                                               with respect to the proposed rule                         notice is hereby given that on June 5,                     The Amendment effectuates changes
                                               change that are filed with the                            2018, the Participants 3 in the Joint Self-              that certain Participants have made to
                                               Commission, and all written                               Regulatory Organization Plan Governing                   their names and addresses, as set forth
                                               communications relating to the                            the Collection, Consolidation and                        in Section I(A) of the UTP Plan and
                                               proposed rule change between the                          Dissemination of Quotation and                           updates the listing of Participant
                                               Commission and any person, other than                     Transaction Information for Nasdaq-                      identifying codes set forth in Section
                                               those that may be withheld from the                       Listed Securities Traded on Exchanges                    VIII(C) of the UTP Plan.
                                               public in accordance with the                             on an Unlisted Trading Privileges Basis
                                               provisions of 5 U.S.C. 552, will be                       (‘‘NASDAQ/UTP Plan,’’ ‘‘UTP Plan’’ or                    B. Governing or Constituent Documents
                                               available for website viewing and                         ‘‘Plan’’) filed with the Securities and                    Not applicable.
                                               printing in the Commission’s Public                       Exchange Commission (‘‘Commission’’)
                                                                                                         a proposal to amend the NASDAQ/UTP                       C. Implementation of the Amendments
                                               Reference Room, 100 F Street NE,
                                               Washington, DC 20549, on official                         Plan.4 The amendment represents                            Because the Amendment constitutes a
                                               business days between the hours of                        Amendment No. 43 to the NASDAQ/                          ‘‘Ministerial Amendment’’ under
                                                                                                         UTP Plan (‘‘Amendment’’). The                            Section XVI of the UTP Plan, the
                                               10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                         Amendment seeks to effectuate changes                    Chairman of the UTP Plan’s Operating
                                               filing also will be available for
                                                                                                         that certain Participants have made to                   Committee may submit the Amendment
                                               inspection and copying at the principal                                                                            to the Commission on behalf of the
                                                                                                         their names and addresses, as set forth
                                               office of NFA. All comments received                                                                               Participants in the UTP Plan. Because
                                                                                                         in Section I(A) of the Nasdaq/UTP Plan
                                               will be posted without change. Persons                                                                             the Participants have designated the
                                                                                                         and to update the listing of Participant
                                               submitting comments are cautioned that                    identifying codes set forth in Section                   Amendment as concerned solely with
                                               we do not redact or edit personal                         VIII(C) of the Plan.                                     the administration of the Plan, the
                                               identifying information from comment                         Pursuant to Rule 608(b)(3)(ii) under                  Amendment is effective upon filing
                                               submissions. You should submit only                       Regulation NMS,5 the Participants have                   with the Commission.
                                               information that you wish to make                         designated the Amendment as
                                               publicly available. All submissions                                                                                D. Development and Implementation
                                                                                                         concerned solely with the                                Phases
                                               should refer to File Number SR–NFA–
                                               2018–02 and should be submitted on or                       1 15  U.S.C. 78k–1.                                      Not applicable.
                                               before July 18, 2018.                                       2 17  CFR 242.608.
                                                                                                                                                                  E. Analysis of Impact on Competition
                                                                                                            3 The Participants are: Cboe BYX Exchange, Inc.;
                                                 For the Commission, by the Division of                  Cboe BZX Exchange, Inc.; Cboe EDGA Exchange,               The Participants assert that the
                                               Trading and Markets, pursuant to delegated                Inc.; Cboe EDGX Exchange, Inc.; Cboe Exchange,           Amendment does not impose any
                                               authority.10                                              Inc.; Chicago Stock Exchange, Inc.; Financial
                                                                                                                                                                  burden on competition because it
                                                                                                         Industry Regulatory Authority, Inc.; Investors
                                               Eduardo A. Aleman,                                        Exchange LLC; Nasdaq BX, Inc.; Nasdaq ISE, LLC;          simply effectuates a change in the
                                               Assistant Secretary.                                      Nasdaq PHLX LLC; The Nasdaq Stock Market LLC;            names and addresses of certain
                                               [FR Doc. 2018–13763 Filed 6–26–18; 8:45 am]               New York Stock Exchange LLC; NYSE Arca, Inc.;            Participants. For the same reasons, the
                                                                                                         NYSE American LLC; and NYSE National, Inc.
                                               BILLING CODE 8011–01–P                                    (collectively, the ‘‘Participants’’).
                                                                                                                                                                  Participants do not believe that the
                                                                                                            4 The Plan governs the collection, processing, and    Amendment introduces terms that are
                                                                                                         dissemination on a consolidated basis of quotation       unreasonably discriminatory for
                                                                                                         information and transaction reports in Eligible          purposes of Section 11A(c)(1)(D) of the
                                                                                                         Securities for each of its Participants. This            Exchange Act.
                                                                                                         consolidated information informs investors of the
                                                                                                         current quotation and recent trade prices of Nasdaq      F. Written Understanding or Agreements
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                                                                                                         securities. It enables investors to ascertain from one
                                                                                                         data source the current prices in all the markets
                                                                                                                                                                  Relating to Interpretation of, or
                                                                                                         trading Nasdaq securities. The Plan serves as the        Participation in, Plan
                                                                                                         required transaction reporting plan for its                Not applicable.
                                                                                                         Participants, which is a prerequisite for their
                                                                                                         trading Eligible Securities. See Securities Exchange     G. Approval by Sponsors in Accordance
                                                                                                         Act Release No. 55647 (April 19, 2007), 72 FR
                                                                                                         20891 (April 26, 2007).
                                                                                                                                                                  With Plan
                                                 10 17   CFR 200.30–3(a)(73).                               5 17 CFR 242.608(b)(3)(ii).                             See Item I.C. above.


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                                               30206                        Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices

                                               H. Description of Operation of Facility                   • Send an email to rule-comments@                    CONTACT PERSON FOR MORE INFORMATION:
                                               Contemplated by the Proposed                            sec.gov. Please include File Number S7–                For further information and to ascertain
                                               Amendments                                              24–89 on the subject line.                             what, if any, matters have been added,
                                                 Not applicable.                                       Paper Comments                                         deleted or postponed, please contact the
                                                                                                                                                              Office of the Secretary at (202) 551–
                                               I. Terms and Conditions of Access                          • Send paper comments in triplicate                 5400.
                                                  Not applicable.                                      to Brent J. Fields, Secretary, Securities
                                                                                                       and Exchange Commission, 100 F Street                     Dated: June 22, 2018.
                                               J. Method of Determination and                          NE, Washington, DC 20549–1090.                         Jill M. Peterson,
                                               Imposition, and Amount of, Fees and                     All submissions should refer to File                   Assistant Secretary.
                                               Charges                                                 Number File No. S7–24–89. This file                    [FR Doc. 2018–13888 Filed 6–25–18; 11:15 am]
                                                  Not applicable.                                      number should be included on the                       BILLING CODE 8011–01–P
                                                                                                       subject line if email is used. To help the
                                               K. Method and Frequency of Processor
                                                                                                       Commission process and review your
                                               Evaluation
                                                                                                       comments more efficiently, please use                  SECURITIES AND EXCHANGE
                                                 Not applicable.                                       only one method. The Commission will                   COMMISSION
                                               L. Dispute Resolution                                   post all comments on the Commission’s
                                                                                                       website (http://www.sec.gov/rules/                     [Release No. 34–83491; File No. SR–NFA–
                                                  Not applicable.                                      sro.shtml). Copies of the submission, all              2018–01]
                                               II. Rule 601(a)                                         written statements with respect to the
                                                                                                       proposed Amendment that are filed                      Self-Regulatory Organizations;
                                               A. Equity Securities for Which                          with the Commission, and all written
                                               Transaction Reports Shall be Required                                                                          National Futures Association; Notice
                                                                                                       communications relating to the                         of Filing and Immediate Effectiveness
                                               by the Plan                                             proposed Amendment between the                         of Proposed Technical Amendment to
                                                 Not applicable.                                       Commission and any person, other than                  the Interpretive Notice to NFA
                                               B. Reporting Requirements                               those that may be withheld from the                    Compliance Rule 2–9: Special
                                                                                                       public in accordance with the                          Supervisory Requirements for
                                                 Not applicable.                                       provisions of 5 U.S.C. 552, will be                    Members Registered as Broker-Dealers
                                               C. Manner of Collecting, Processing,                    available for website viewing and                      Under Section 15(b)(11) of the
                                               Sequencing, Making Available and                        printing in the Commission’s Public
                                                                                                                                                              Securities Exchange Act of 1934
                                               Disseminating Last Sale Information                     Reference Room, 100 F Street NE,
                                                                                                       Washington, DC 20549, on official                      June 21, 2018.
                                                 Not applicable.
                                                                                                       business days between the hours of
                                               D. Manner of Consolidation                              10:00 a.m. and 3:00 p.m. Copies of the                    Pursuant to Section 19(b)(7) of the
                                                                                                       filing also will be available for website              Securities Exchange Act of 1934
                                                 Not applicable.                                                                                              (‘‘Exchange Act’’),1 and Rule 19b–7
                                                                                                       viewing and printing at the principal
                                               E. Standards and Methods Ensuring                       office of the Plans.                                   under the Exchange Act,2 notice is
                                               Promptness, Accuracy and                                   All comments received will be posted                hereby given that on June 14, 2018,
                                               Completeness of Transaction Reports                     without change. Persons submitting                     National Futures Association (‘‘NFA’’)
                                                 Not applicable.                                       comments are cautioned that we do not                  filed with the Securities and Exchange
                                                                                                       redact or edit personal identifying                    Commission (‘‘SEC’’ or ‘‘Commission’’)
                                               F. Rules and Procedures Addressed to                    information from comment submissions.                  the proposed rule change described in
                                               Fraudulent or Manipulative                              You should submit only information                     Items I, II, and III below, which Items
                                               Dissemination                                           that you wish to make available                        have been prepared by NFA. The
                                                 Not applicable.                                       publicly. All submissions should refer                 Commission is publishing this notice to
                                                                                                       to File Number S7–24–89 and should be                  solicit comments on the proposed rule
                                               G. Terms of Access to Transaction                                                                              change from interested persons.
                                                                                                       submitted on or before July 18, 2018.
                                               Reports
                                                                                                         By the Commission.                                      On August 30, 2017, NFA also filed
                                                 Not applicable.                                                                                              this proposed rule change with the
                                                                                                       Eduardo A. Aleman,
                                               H. Identification of Marketplace of                     Assistant Secretary.                                   Commodity Futures Trading
                                               Execution                                               [FR Doc. 2018–13767 Filed 6–26–18; 8:45 am]            Commission (‘‘CFTC’’) and requested
                                                 Not applicable.                                       BILLING CODE 8011–01–P
                                                                                                                                                              that the CFTC make a determination
                                                                                                                                                              that review of the proposed rule change
                                               III. Solicitation of Comments                                                                                  of NFA is not necessary. By letter dated
                                                  The Commission seeks general                         SECURITIES AND EXCHANGE                                September 15, 2017, the CFTC notified
                                               comments on the Amendment.                              COMMISSION                                             NFA of its determination not to review
                                               Interested persons are invited to submit                                                                       the proposed rule change.3
                                               written data, views, and arguments                      Sunshine Act Meetings                                     The text of the proposed rule change
                                               concerning the foregoing, including                                                                            is available at the self-regulatory
                                                                                                       FEDERAL REGISTER CITATION OF PREVIOUS
                                               whether the proposed Amendment is                                                                              organization’s office, on the NFA’s
                                                                                                       ANNOUNCEMENT: To be published.
                                               consistent with the Act. Comments may
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                                                                                                       PREVIOUSLY ANNOUNCED TIME AND DATE OF
                                                                                                                                                              website at www.nfa.futures.org, and at
                                               be submitted by any of the following                                                                           the SEC’s Public Reference Room.
                                               methods:                                                THE MEETING: Thursday, June 28, 2018.
                                                                                                       CHANGES IN THE MEETING:  The following                   1 15  U.S.C. 78s(b)(7).
                                               Electronic Comments                                     matter will also be considered during                    2 17  CFR 240.19b–7.
                                                 • Use the Commission’s internet                       the 2 p.m. Closed Meeting scheduled for                   3 See letter from Eileen T. Flaherty, Director,

                                               comment form (http://www.sec.gov/                       Thursday, June 28, 2018:                               CFTC to Carol A. Wooding, General Counsel, NFA
                                               rules/sro.shtml); or                                      Report on an investigation.                          (‘‘Letter’’).




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Document Created: 2018-11-06 09:52:26
Document Modified: 2018-11-06 09:52:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 30205 

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