83_FR_31958 83 FR 31827 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Designation of a Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To List and Trade the Shares of the Western Asset Total Return ETF

83 FR 31827 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Designation of a Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To List and Trade the Shares of the Western Asset Total Return ETF

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 131 (July 9, 2018)

Page Range31827-31828
FR Document2018-14667

Federal Register, Volume 83 Issue 131 (Monday, July 9, 2018)
[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Pages 31827-31828]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14667]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83588; File No. SR-NASDAQ-2017-128]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
Notice of Designation of a Longer Period for Commission Action on 
Proceedings To Determine Whether To Approve or Disapprove a Proposed 
Rule Change To List and Trade the Shares of the Western Asset Total 
Return ETF

July 3, 2018.
    On December 20, 2017, The Nasdaq Stock Market LLC (``Nasdaq'') 
filed with the Securities and Exchange Commission (``Commission''), 
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to 
list and trade shares of the Western Asset Total Return ETF, a series 
of Legg Mason ETF Investment Trust, under Nasdaq Rule 5735. The 
proposed rule change was published for comment in the Federal Register 
on January 9, 2018.\3\ The Commission has received no comments on the 
proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 82439 (Jan. 3, 
2018), 83 FR 1062.
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    On February 21, 2018, pursuant to Section 19(b)(2) of the Act,\4\ 
the Commission designated a longer period within which to approve the 
proposed rule change, disapprove the proposed rule change, or institute 
proceedings to determine whether to disapprove the proposed rule 
change.\5\ On April 6, 2018, the Commission instituted proceedings 
under Section 19(b)(2)(B) of the Act \6\ to determine whether to 
approve or disapprove the proposed rule change.\7\ The Commission has 
received no comments on the proposed rule change.
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    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 82757, 83 FR 8532 
(Feb. 27, 2018).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 83007, 83 FR 15883 
(Apr. 12, 2018).
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    Section 19(b)(2) of the Act \8\ provides that, after initiating 
disapproval proceedings, the Commission shall issue an order approving 
or disapproving the proposed rule change not later than 180

[[Page 31828]]

days after the date of publication of notice of filing of the proposed 
rule change. The Commission may extend the period for issuing an order 
approving or disapproving the proposed rule change by not more than 60 
days if the Commission determines that a longer period is appropriate 
and publishes the reasons for such determination. As noted earlier, the 
proposed rule change was published for notice and comment in the 
Federal Register on January 9, 2018. July 8, 2018, is 180 days from 
that date, and September 6, 2018, is 240 days from that date.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period 
within which to issue an order approving or disapproving the proposed 
rule change so that it has sufficient time to consider this proposed 
rule change. Accordingly, the Commission, pursuant to Section 19(b)(2) 
of the Act,\9\ designates September 6, 2018, as the date by which the 
Commission should either approve or disapprove the proposed rule change 
(File Number SR-NASDAQ-2017-128).
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    \9\ Id.
    \10\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14667 Filed 7-6-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices                                                     31827

                                                  • Send an email to rule-comments@                             Commission, Office of FOIA Services,                Dated: July 3, 2018.
                                                sec.gov. Please include File Number SR–                         100 F Street NE, Washington, DC                   Eduardo A. Aleman,
                                                CBOE–2018–050 on the subject line.                              20549–2736                                        Assistant Secretary.
                                                Paper Comments                                             Extension:                                             [FR Doc. 2018–14654 Filed 7–6–18; 8:45 am]

                                                   • Send paper comments in triplicate                       Form SE, SEC File No. 270–289, OMB                   BILLING CODE 8011–01–P

                                                to Secretary, Securities and Exchange                          Control No. 3235–0327
                                                Commission, 100 F Street NE,                                  Notice is hereby given that, pursuant               SECURITIES AND EXCHANGE
                                                Washington, DC 20549–1090.                                 to the Paperwork Reduction Act of 1995                 COMMISSION
                                                All submissions should refer to File                       (44 U.S.C. 3501 et seq.), the Securities
                                                Number SR–CBOE-2018–050. This file                                                                                [Release No. 34–83588; File No. SR–
                                                                                                           and Exchange Commission                                NASDAQ–2017–128]
                                                number should be included on the                           (‘‘Commission’’) is soliciting comments
                                                subject line if email is used. To help the                 on the collection of information                       Self-Regulatory Organizations; The
                                                Commission process and review your                         summarized below. The Commission                       Nasdaq Stock Market LLC; Notice of
                                                comments more efficiently, please use                      plans to submit this existing collection               Designation of a Longer Period for
                                                only one method. The Commission will                       of information to the Office of                        Commission Action on Proceedings To
                                                post all comments on the Commission’s                                                                             Determine Whether To Approve or
                                                                                                           Management and Budget for extension
                                                internet website (http://www.sec.gov/                                                                             Disapprove a Proposed Rule Change
                                                                                                           and approval.
                                                rules/sro.shtml). Copies of the                                                                                   To List and Trade the Shares of the
                                                submission, all subsequent                                    Form SE (17 CFR 239.64) is used by
                                                                                                                                                                  Western Asset Total Return ETF
                                                amendments, all written statements                         registrants to file paper copies of
                                                with respect to the proposed rule                          exhibits, reports or other documents                   July 3, 2018.
                                                change that are filed with the                             that would be difficult or impossible to                 On December 20, 2017, The Nasdaq
                                                Commission, and all written                                submit electronically, as provided in                  Stock Market LLC (‘‘Nasdaq’’) filed with
                                                communications relating to the                             Rule 311 of Regulation S–T (17 CFR                     the Securities and Exchange
                                                proposed rule change between the                           232.311). The information contained in                 Commission (‘‘Commission’’), pursuant
                                                Commission and any person, other than                      Form SE is used by the Commission to                   to Section 19(b)(1) of the Securities
                                                those that may be withheld from the                        identify paper copies of exhibits. Form                Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                public in accordance with the                              SE is filed by individuals, companies or               19b–4 thereunder,2 a proposed rule
                                                provisions of 5 U.S.C. 552, will be                        other entities that are required to file               change to list and trade shares of the
                                                available for website viewing and                          documents electronically.                              Western Asset Total Return ETF, a
                                                printing in the Commission’s Public                        Approximately 19 registrants file Form                 series of Legg Mason ETF Investment
                                                Reference Room, 100 F Street NE,                           SE and it takes an estimated 0.10 hours                Trust, under Nasdaq Rule 5735. The
                                                Washington, DC 20549 on official                           per response for a total annual burden                 proposed rule change was published for
                                                business days between the hours of                         of 2 hours (0.10 hours per response × 19               comment in the Federal Register on
                                                10:00 a.m. and 3:00 p.m. Copies of the                     responses).                                            January 9, 2018.3 The Commission has
                                                filing also will be available for                                                                                 received no comments on the proposed
                                                                                                              Written comments are invited on: (a)
                                                inspection and copying at the principal                                                                           rule change.
                                                                                                           Whether the proposed collection of                       On February 21, 2018, pursuant to
                                                office of the Exchange. All comments
                                                                                                           information is necessary for the proper                Section 19(b)(2) of the Act,4 the
                                                received will be posted without change.
                                                                                                           performance of the functions of the                    Commission designated a longer period
                                                Persons submitting comments are
                                                cautioned that we do not redact or edit                    agency, including whether the                          within which to approve the proposed
                                                personal identifying information from                      information will have practical utility;               rule change, disapprove the proposed
                                                comment submissions. You should                            (b) the accuracy of the agency’s estimate              rule change, or institute proceedings to
                                                submit only information that you wish                      of the burden imposed by the collection                determine whether to disapprove the
                                                to make available publicly. All                            of information; (c) ways to enhance the                proposed rule change.5 On April 6,
                                                submissions should refer to File                           quality, utility, and clarity of the                   2018, the Commission instituted
                                                Number SR–CBOE–2018–050 and                                information collected; and (d) ways to                 proceedings under Section 19(b)(2)(B) of
                                                should be submitted on or before July                      minimize the burden of the collection of               the Act 6 to determine whether to
                                                30, 2018.                                                  information on respondents, including                  approve or disapprove the proposed
                                                                                                           through the use of automated collection                rule change.7 The Commission has
                                                  For the Commission, by the Division of                   techniques or other forms of information
                                                Trading and Markets, pursuant to delegated                                                                        received no comments on the proposed
                                                authority.12                                               technology. Consideration will be given                rule change.
                                                                                                           to comments and suggestions submitted                    Section 19(b)(2) of the Act 8 provides
                                                Eduardo A. Aleman,
                                                                                                           in writing within 60 days of this                      that, after initiating disapproval
                                                Assistant Secretary.
                                                                                                           publication.                                           proceedings, the Commission shall issue
                                                [FR Doc. 2018–14550 Filed 7–6–18; 8:45 am]
                                                                                                              An agency may not conduct or                        an order approving or disapproving the
                                                BILLING CODE P
                                                                                                           sponsor, and a person is not required to               proposed rule change not later than 180
                                                                                                           respond to, a collection of information
                                                                                                                                                                    1 15  U.S.C. 78s(b)(1).
                                                SECURITIES AND EXCHANGE                                    unless it displays a currently valid                     2 17  CFR 240.19b–4.
                                                COMMISSION                                                 control number.
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                                                                                                                                                                     3 See Securities Exchange Act Release No. 82439

                                                                                                              Please direct your written comment to               (Jan. 3, 2018), 83 FR 1062.
                                                Proposed Collection; Comment                               Pamela Dyson, Director/Chief                              4 15 U.S.C. 78s(b)(2).

                                                Request                                                    Information Officer, Securities and                       5 See Securities Exchange Act Release No. 82757,

                                                                                                                                                                  83 FR 8532 (Feb. 27, 2018).
                                                Upon Written Request Copies Available                      Exchange Commission, c/o Candace                          6 15 U.S.C. 78s(b)(2)(B).
                                                 From: Securities and Exchange                             Kenner, 100 F Street NE, Washington,                      7 See Securities Exchange Act Release No. 83007,
                                                                                                           DC 20549 or send an email to: PRA_                     83 FR 15883 (Apr. 12, 2018).
                                                  12 17   CFR 200.30–3(a)(12).                             Mailbox@sec.gov.                                          8 15 U.S.C. 78s(b)(2).




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                                                31828                            Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices

                                                days after the date of publication of                    Commission is publishing this notice to                    combination. After informal discussions
                                                notice of filing of the proposed rule                    solicit comments on the proposed rule                      with various market participants, the
                                                change. The Commission may extend                        change from interested persons.                            Exchange is proposing to provide more
                                                the period for issuing an order                                                                                     clarity to market participants regarding
                                                                                                         I. Self-Regulatory Organization’s
                                                approving or disapproving the proposed                                                                              the fees assessed for executions on the
                                                                                                         Statement of the Terms of Substance of
                                                rule change by not more than 60 days                                                                                Exchange by amending the structure of
                                                                                                         the Proposed Rule Change
                                                if the Commission determines that a                                                                                 its Fee Schedule to explicitly provide
                                                longer period is appropriate and                            Pursuant to the provisions of Section                   each possible Fee Code combination,
                                                publishes the reasons for such                           19(b)(1) under the Securities Exchange                     along with the associated fee applicable
                                                determination. As noted earlier, the                     Act of 1934 (‘‘Act’’),4 and Rule 19b–4                     to such transaction. The Exchange is
                                                proposed rule change was published for                   thereunder,5 Investors Exchange LLC                        also proposing to make several minor
                                                notice and comment in the Federal                        (‘‘IEX’’ or ‘‘Exchange’’) is filing with the               substantive changes to the Fee Schedule
                                                Register on January 9, 2018. July 8,                     Securities and Exchange Commission                         and related rules to enhance the
                                                2018, is 180 days from that date, and                    (‘‘Commission’’) a proposed rule change                    consistency and clarity of the
                                                September 6, 2018, is 240 days from that                 to modify the structure of its Fee                         Exchange’s Fee Schedule.
                                                date.                                                    Schedule and make several conforming
                                                   The Commission finds it appropriate                   and clarifying changes, pursuant to IEX                    Existing Fee Schedule
                                                to designate a longer period within                      Rule 15.110(a) and (c), in order to                           In an effort to incentivize Members 6
                                                which to issue an order approving or                     provide more clarity to market                             to submit displayed orders to the
                                                disapproving the proposed rule change                    participants regarding the fees assessed                   Exchange, the Exchange currently
                                                so that it has sufficient time to consider               for executions on the Exchange.                            charges a fee of $0.0003 per share (or
                                                this proposed rule change. Accordingly,                  Changes to the Fee Schedule pursuant                       0.30% of the total dollar value of the
                                                the Commission, pursuant to Section                      to this proposal are effective upon filing                 transaction for securities priced below
                                                19(b)(2) of the Act,9 designates                         and will be operative on July 1, 2018.                     $1.00) to Members for executions on IEX
                                                September 6, 2018, as the date by which                     The text of the proposed rule change                    that provide or take resting interest with
                                                the Commission should either approve                     is available at the Exchange’s website at                  displayed priority (i.e., an order or
                                                or disapprove the proposed rule change                   www.iextrading.com, at the principal                       portion of a reserve order that is booked
                                                (File Number SR–NASDAQ–2017–128).                        office of the Exchange, and at the                         and ranked with display priority on the
                                                                                                         Commission’s Public Reference Room.                        Order Book).7 Furthermore, the
                                                  For the Commission, by the Division of
                                                Trading and Markets, pursuant to delegated               II. Self-Regulatory Organization’s                         Exchange currently charges $0.0009 per
                                                authority.10                                             Statement of the Purpose of, and                           share (or 0.30% of the total dollar value
                                                Eduardo A. Aleman,                                       Statutory Basis for, the Proposed Rule                     of the transaction for securities priced
                                                Assistant Secretary.                                     Change                                                     below $1.00) to Members for executions
                                                [FR Doc. 2018–14667 Filed 7–6–18; 8:45 am]                                                                          on IEX that provide or take resting
                                                                                                            In its filing with the Commission, the
                                                                                                                                                                    interest with non-displayed priority
                                                BILLING CODE 8011–01–P                                   self-regulatory organization included
                                                                                                                                                                    (i.e., an order or portion of a reserve
                                                                                                         statements concerning the purpose of
                                                                                                         and basis for the proposed rule change                     order that is booked and ranked with
                                                SECURITIES AND EXCHANGE                                  and discussed any comments it received                     non-displayed priority on the Order
                                                COMMISSION                                               on the proposed rule change. The text                      Book).8
                                                                                                                                                                       Moreover, in order to reduce the
                                                [Release No. 34–83582; File No. SR–IEX–                  of these statement may be examined at
                                                                                                                                                                    variability in fees to access liquidity on
                                                2018–11]                                                 the places specified in Item IV below.
                                                                                                                                                                    the Exchange and thereby incentivize
                                                                                                         The self-regulatory organization has
                                                Self-Regulatory Organizations;                                                                                      Members to route more orders to the
                                                                                                         prepared summaries, set forth in
                                                Investors Exchange LLC; Notice of                                                                                   Exchange that are executable at the far
                                                                                                         Sections A, B, and C below, of the most
                                                Filing and Immediate Effectiveness of                    significant aspects of such statements.                    side of the NBBO,9 the Exchange
                                                Proposed Rule Change To Modify the                                                                                  assesses a deterministic Spread-Crossing
                                                Structure of its Fee Schedule and Make                   A. Self-Regulatory Organization’s                          Remove Fee of $0.0003 per share to all
                                                Several Conforming and Clarifying                        Statement of the Purpose of, and the                       executions at or above $1.00 that result
                                                                                                         Statutory Basis for, the Proposed Rule                     from removing liquidity with a buy
                                                Changes, Pursuant to IEX Rule
                                                                                                         Change                                                     (sell) order that is executable at the NBO
                                                15.110(A) and (C)
                                                                                                         1. Purpose                                                 (NBB).10 The Exchange does not charge
                                                July 2, 2018.
                                                   Pursuant to Section 19(b)(1) 1 of the                    The Exchange proposes to modify the                       6 See  Rule 1.160(s).
                                                Securities Exchange Act of 1934 (the                     structure of its Fee Schedule and make                       7 This  pricing is referred to by the Exchange as
                                                ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   minor conforming changes, pursuant to                      ‘‘Displayed Match Fee’’ with a Fee Code of ‘L’
                                                                                                         IEX Rule 15.110(a) and (c), in order to                    provided by the Exchange on execution reports. See
                                                notice is hereby given that, on June 29,                                                                            the Investors Exchange Fee Schedule, available on
                                                2018, the Investors Exchange LLC                         provide more clarity to market                             the Exchange public website.
                                                (‘‘IEX’’ or the ‘‘Exchange’’) filed with the             participants regarding the fees assessed                      8 This pricing is referred to by the Exchange as

                                                Securities and Exchange Commission                       for executions on the Exchange. The                        the ‘‘Non-Displayed Match Fee’’ with a Fee Code of
                                                                                                         Exchange’s existing Fee Schedule                           ‘I’ provided by the Exchange on execution reports.
                                                (the ‘‘Commission’’) the proposed rule                                                                              See the Investors Exchange Fee Schedule, available
                                                change as described in Items I, II and III               requires market participants to                            on the Exchange public website.
sradovich on DSK3GMQ082PROD with NOTICES




                                                below, which Items have been prepared                    determine which of the Exchange’s Fee                         9 As defined by Regulation NMS Rule 600(b)(42).

                                                by the self-regulatory organization. The                 Codes are applicable to any given                          17 CFR 242.600.
                                                                                                         transaction, and then calculate the                           10 This pricing is referred to by the Exchange as

                                                  9 Id.                                                  applicable fee that will be assessed                       the ‘‘Spread-Crossing Remove Fee’’, with a Fee
                                                                                                                                                                    Code of ‘‘N’’ provided by the Exchange on
                                                  10 17 CFR 200.30–3(a)(57).                             depending on the applicable Fee Code                       execution reports. See the Investors Exchange Fee
                                                  1 15 U.S.C. 78s(b)(1).                                                                                            Schedule, available on the Exchange public
                                                  2 15 U.S.C. 78a.                                            4 15   U.S.C. 78s(b)(1).                              website. The Exchange notes that if an order—based
                                                  3 17 CFR 240.19b–4.                                         5 17   CFR 240.19b–4.                                 on market conditions, User instructions, applicable



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Document Created: 2018-07-07 00:42:14
Document Modified: 2018-07-07 00:42:14
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 31827 

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