83 FR 47386 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate the Exchange's Schedule of Fees
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 182 (September 19, 2018)
Federal Register Volume 83, Issue 182 (September 19, 2018)
| Page Range | 47386-47388 | |
| FR Document | 2018-20309 |
[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)] [Notices] [Pages 47386-47388] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20309] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-84113; File No. SR-MRX-2018-27] Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate the Exchange's Schedule of Fees September 13, 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 August 31, 2018, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to (a) relocate the MRX Schedule of Fees and current Rule 209 to the Exchange's rulebook's (``Rulebook'') shell structure,\3\ and (b) make conforming cross-reference changes throughout the Rulebook. --------------------------------------------------------------------------- \3\ In 2017, the Exchange added a shell structure to its Rulebook with the purpose of improving efficiency and readability and to align its rules closer to those of its five sister exchanges, The Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq PHLX LLC; Nasdaq GEMX, LLC; and Nasdaq ISE, LLC (``Affiliated Exchanges''). See Securities Exchange Act Release No. 82172 (November 29, 2017), 82 FR 57495 (December 5, 2017) (SR-MRX-2017-26). --------------------------------------------------------------------------- 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 [[Page 47387]] 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 relocate the entire MRX Schedule of Fees and Rule 209 to the Exchange's shell structure; specifically, the Exchange will relocate the aforementioned rules to the Options 7 (``Pricing Schedule'') section of the shell. In addition, the Exchange will make conforming cross-reference changes throughout the Rulebook. (a) Relocation of Rules As indicated, the Exchange, as part of its continued effort to promote efficiency and the conformity of its processes with those of the Affiliated Exchanges, and the goal of harmonizing and uniformizing its rules, proposes to relocate the Schedule of Fees and MRX Rule 209 to Options 7, Pricing Schedule, of the shell structure. To improve the readability of the relocated Pricing Schedule rules, the Exchange will update their current ``Preface'' section and rename it ``Section 1. General Provisions.'' Next, the Exchange will move current MRX Rule 209, described in the paragraph below, and rename it ``Section 2'' but keeping its current title, ``Collection of Exchange Fees and Other Claims.'' MRX Rule 209 was added to the Rulebook to permit the Exchange the collection of undisputed or final fees, fines, charges and/or other monetary sanctions or other monies due and owing to the Exchange or other charges related to Rules 205 and 206.\4\ The Exchange believes that, unlike other rules in Chapter 2 (``Administration'') of the Rulebook, which generally refer to the powers of the Board of Directors and the authority it delegates to Senior Management of the Exchange, the direct debit process established in Rule 209 will be better situated among the relocated rules of the Pricing Schedule. --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 79012 (September 30, 2016), 81 FR 69565 (October 6, 2016) (SR-ISEMercury-2016-18). --------------------------------------------------------------------------- The Exchange is also proposing to move all the remaining sections, I through VI, in the current Schedule of Fees, renumber them as provided in the table below, and add the word ``Section'' to each of their titles. Relatedly, the Exchange will update all references to the ``Schedule of Fees'' in the proposed rule text and replace them with the term ``Pricing Schedule.'' Finally, the Exchange will update all references to ``NASDAQ'' in proposed Section 8, E., of the Pricing Schedule with the word ``Nasdaq,'' to keep the proposed rule text consistent with changes to the names of the Affiliated Exchanges.\5\ --------------------------------------------------------------------------- \5\ See Securities Exchange Act Releases No. 81917 (October 23, 2017), 82 FR 49879 (October 27, 2017) (SR-NASDAQ-2017-111) and No. 81948 (October 25, 2017), 82 FR 50468 (October 31, 2017) (SR-BX- 2017-046). ------------------------------------------------------------------------ Options 7--Pricing schedule (Proposed) Schedule of fees (Current) ------------------------------------------------------------------------ Section 1. General Provisions............. PREFACE. Section 2. Collection of Exchange Fees and Rule 209. Collection of Other Claims. Exchange Fees and Other Claims. Section 3. Regular Order Fees and Rebates. I. Regular Order Fees and Rebates. Section 4. Other Options Fees and Rebates. II. Other Options Fees and Rebates. Section 5. Legal & Regulatory............. III. Legal & Regulatory. Section 6. Ports and Other Services....... IV. Ports and Other Services. Section 7. Market Data.................... V. Market Data. Section 8. Connectivity Fees.............. VI. Connectivity Fees. ------------------------------------------------------------------------ The relocation of the Pricing Schedule rules will facilitate the use of the Rulebook by Members \6\ of the Exchange, including those who are members of other Affiliated Exchanges, and other market participants. Moreover, the proposed changes are of a non-substantive nature and will not amend the relocated rules, other than make the updates previously explained. --------------------------------------------------------------------------- \6\ Exchange Rule 100(a)(32). --------------------------------------------------------------------------- (b) Cross-Reference Updates In connection with the changes described above, the Exchange proposes to update all cross-references in the Rulebook that direct the reader to the current location of the Pricing Schedule rules and/or any of their subsections. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,\7\ in general, and furthers the objectives of Section 6(b)(5) of the Act,\8\ in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest, by promoting efficiency and structural conformity of the Exchange's processes with those of the Affiliated Exchanges and to make the Exchange's Rulebook easier to read and more accessible to its Members and market participants. The Exchange believes that the relocation of the Pricing Schedule rules, updating the name ``NASDAQ'' to ``Nasdaq,'' and related cross-reference updates are of a non-substantive nature. --------------------------------------------------------------------------- \7\ 15 U.S.C. 78f(b). \8\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The proposed changes do not impose a burden on competition because, as previously stated, they (i) are of a non-substantive nature, (ii) are intended to harmonize the structure of the Exchange's rules with those of its Affiliated Exchanges, and (iii) are intended to organize the Rulebook in a way that it will ease the Members' and market participants' navigation and reading of the rules. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b- 4(f)(6) thereunder.\10\ --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(3)(A). \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b- 4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. --------------------------------------------------------------------------- A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the Act \11\ normally does not become operative for 30 days after the date of its 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 [[Page 47388]] public interest. The Exchange has requested that the Commission waive the 30-day operative delay so that the proposed rule change may become operative upon filing. Waiver of the operative delay would allow the Exchange to promptly relocate the Pricing Schedule rules and continue to reorganize its Rulebook to promote efficiency and structural consistency between the Exchange's rules and those of the Affiliated Exchanges. The Commission believes that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest. Accordingly, the Commission hereby waives the operative delay and designates the proposed rule change operative upon filing.\13\ --------------------------------------------------------------------------- \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 also has 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 necessary or appropriate in the public interest, for the protection of investors, or 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 change 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 CommentsUse 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-2018-27 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-2018-27. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-MRX-2018-27 and should be submitted on or before October 10, 2018. --------------------------------------------------------------------------- \14\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\14\ Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-20309 Filed 9-18-18; 8:45 am] BILLING CODE 8011-01-P
![47386 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices
which Users may submit auction Paper Comments SECURITIES AND EXCHANGE
responses into auctions occurring on the COMMISSION
Exchange. • Send paper comments in triplicate
to Secretary, Securities and Exchange [Release No. 34–84113; File No. SR–MRX–
C. Self-Regulatory Organization’s Commission, 100 F Street NE, 2018–27]
Statement on Comments on the Washington, DC 20549–1090.
Proposed Rule Change Received From Self-Regulatory Organizations; Nasdaq
Members, Participants, or Others All submissions should refer to File MRX, LLC; Notice of Filing and
Number SR–C2–2018–019. This file Immediate Effectiveness of Proposed
The Exchange neither solicited nor number should be included on the Rule Change To Relocate the
received comments on the proposed subject line if email is used. To help the Exchange’s Schedule of Fees
rule change. Commission process and review your
comments more efficiently, please use September 13, 2018
III. Date of Effectiveness of the Pursuant to Section 19(b)(1) of the
Proposed Rule Change and Timing for only one method. The Commission will
post all comments on the Commission’s Securities Exchange Act of 1934
Commission Action (‘‘Act’’),1 and Rule 19b–4 thereunder,2
internet website (http://www.sec.gov/
Because the foregoing proposed rule rules/sro.shtml). Copies of the notice is hereby given that on August
change does not: (i) Significantly affect 31, 2018, Nasdaq MRX, LLC (‘‘MRX’’ or
submission, all subsequent
the protection of investors or the public ‘‘Exchange’’) filed with the Securities
amendments, all written statements
interest; (ii) impose any significant and Exchange Commission
with respect to the proposed rule
burden on competition; and (iii) become (‘‘Commission’’) the proposed rule
change that are filed with the change as described in Items I and II
operative for 30 days from the date on Commission, and all written
which it was filed, or such shorter time below, which Items have been prepared
communications relating to the by the Exchange. The Commission is
as the Commission may designate, it has proposed rule change between the
become effective pursuant to Section publishing this notice to solicit
Commission and any person, other than comments on the proposed rule change
19(b)(3)(A)(iii) of the Act 18 and
those that may be withheld from the from interested persons.
subparagraph (f)(6) of Rule 19b–4
public in accordance with the
thereunder.19 I. Self-Regulatory Organization’s
provisions of 5 U.S.C. 552, will be
At any time within 60 days of the available for website viewing and Statement of the Terms of Substance of
filing of the proposed rule change, the printing in the Commission’s Public the Proposed Rule Change
Commission summarily may Reference Room, 100 F Street NE, The Exchange proposes to (a) relocate
temporarily suspend such rule change if Washington, DC 20549, on official the MRX Schedule of Fees and current
it appears to the Commission that such Rule 209 to the Exchange’s rulebook’s
business days between the hours of
action is necessary or appropriate in the (‘‘Rulebook’’) shell structure,3 and (b)
10:00 a.m. and 3:00 p.m. Copies of the
public interest, for the protection of make conforming cross-reference
filing also will be available for
investors, or otherwise in furtherance of changes throughout the Rulebook.
the purposes of the Act. If the inspection and copying at the principal
office of the Exchange. All comments The text of the proposed rule change
Commission takes such action, the is available on the Exchange’s website at
Commission shall institute proceedings received will be posted without change.
Persons submitting comments are http://nasdaqmrx.cchwallstreet.com/, at
to determine whether the proposed rule the principal office of the Exchange, and
should be approved or disapproved. cautioned that we do not redact or edit
at the Commission’s Public Reference
personal identifying information from
IV. Solicitation of Comments Room.
comment submissions. You should
submit only information that you wish II. Self-Regulatory Organization’s
Interested persons are invited to
to make available publicly. All Statement of the Purpose of, and
submit written data, views, and
submissions should refer to File Statutory Basis for, the Proposed Rule
arguments concerning the foregoing,
Number SR–C2–2018–019 and should Change
including whether the proposed rule
change is consistent with the Act. be submitted on or before October 10, In its filing with the Commission, the
Comments may be submitted by any of 2018. Exchange included statements
the following methods: For the Commission, by the Division of concerning the purpose of and basis for
Trading and Markets, pursuant to delegated the proposed rule change and discussed
Electronic Comments any comments it received on the
authority.20
• Use the Commission’s internet Eduardo A. Aleman, proposed rule change. The text of these
comment form (http://www.sec.gov/ statements may be examined at the
Assistant Secretary.
rules/sro.shtml); or places specified in Item IV below. The
[FR Doc. 2018–20307 Filed 9–18–18; 8:45 am] Exchange has prepared summaries, set
• Send an email to rule-comments@ BILLING CODE 8011–01–P forth in sections A, B, and C below, of
sec.gov. Please include File Number SR–
C2–2018–019 on the subject line. 1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
18 15 U.S.C. 78s(b)(3)(A)(iii). 3 In 2017, the Exchange added a shell structure to
amozie on DSK3GDR082PROD with NOTICES1
19 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– its Rulebook with the purpose of improving
4(f)(6)(iii) requires a self-regulatory organization to efficiency and readability and to align its rules
give the Commission written notice of its intent to closer to those of its five sister exchanges, The
file the proposed rule change, along with a brief Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq
description and text of the proposed rule change, PHLX LLC; Nasdaq GEMX, LLC; and Nasdaq ISE,
at least five business days prior to the date of filing LLC (‘‘Affiliated Exchanges’’). See Securities
of the proposed rule change, or such shorter time Exchange Act Release No. 82172 (November 29,
as designated by the Commission. The Exchange 2017), 82 FR 57495 (December 5, 2017) (SR–MRX–
has satisfied this requirement. 20 17 CFR 200.30–3(a)(12). 2017–26).
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![47388 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices
public interest. The Exchange has post all comments on the Commission’s Economic Injury (EIDL) Loan
requested that the Commission waive internet website (http://www.sec.gov/ Application Deadline Date: 10/15/2018.
the 30-day operative delay so that the rules/sro.shtml). Copies of the ADDRESSES: Submit completed loan
proposed rule change may become submission, all subsequent applications to: U.S. Small Business
operative upon filing. Waiver of the amendments, all written statements Administration, Processing and
operative delay would allow the with respect to the proposed rule Disbursement Center, 14925 Kingsport
Exchange to promptly relocate the change that are filed with the Road, Fort Worth, TX 76155.
Pricing Schedule rules and continue to Commission, and all written FOR FURTHER INFORMATION CONTACT: A.
reorganize its Rulebook to promote communications relating to the Escobar, Office of Disaster Assistance,
efficiency and structural consistency proposed rule change between the U.S. Small Business Administration,
between the Exchange’s rules and those Commission and any person, other than 409 3rd Street SW, Suite 6050,
of the Affiliated Exchanges. The those that may be withheld from the
Washington, DC 20416, (202) 205–6734.
Commission believes that waiver of the public in accordance with the
30-day operative delay is consistent provisions of 5 U.S.C. 552, will be SUPPLEMENTARY INFORMATION: The notice
with the protection of investors and the available for website viewing and of the President’s major disaster
public interest. Accordingly, the printing in the Commission’s Public declaration for the State of California,
Commission hereby waives the Reference Room, 100 F Street NE, dated 01/15/2018, is hereby amended to
operative delay and designates the Washington, DC 20549, on official establish the incident period for this
proposed rule change operative upon business days between the hours of disaster as beginning 12/04/2017
filing.13 10:00 a.m. and 3:00 p.m. Copies of the through 01/31/2018.
At any time within 60 days of the filing also will be available for All other information in the original
filing of the proposed rule change, the inspection and copying at the principal declaration remains unchanged.
Commission summarily may office of the Exchange. All comments (Catalog of Federal Domestic Assistance
temporarily suspend such rule change if received will be posted without change. Number 59008)
it appears to the Commission that such Persons submitting comments are James Rivera,
action is necessary or appropriate in the cautioned that we do not redact or edit Associate Administrator for Disaster
public interest, for the protection of personal identifying information from Assistance.
investors, or otherwise in furtherance of comment submissions. You should [FR Doc. 2018–20382 Filed 9–18–18; 8:45 am]
the purposes of the Act. If the submit only information that you wish
BILLING CODE 8025–01–P
Commission takes such action, the to make available publicly. All
Commission shall institute proceedings submissions should refer to File
to determine whether the proposed rule Number SR–MRX–2018–27 and should SMALL BUSINESS ADMINISTRATION
change should be approved or be submitted on or before October 10,
disapproved. 2018. [Disaster Declaration #15694 and #15695;
IOWA Disaster Number IA–00084]
IV. Solicitation of Comments For the Commission, by the Division of
Trading and Markets, pursuant to delegated Presidential Declaration of a Major
Interested persons are invited to authority.14
submit written data, views, and Disaster for Public Assistance Only for
Eduardo A. Aleman, the State of Iowa
arguments concerning the foregoing,
Assistant Secretary.
including whether the proposed rule AGENCY: U.S. Small Business
[FR Doc. 2018–20309 Filed 9–18–18; 8:45 am]
change is consistent with the Act. Administration.
BILLING CODE 8011–01–P
Comments may be submitted by any of
ACTION: Notice.
the following methods:
Electronic Comments SUMMARY: This is a Notice of the
SMALL BUSINESS ADMINISTRATION
Presidential declaration of a major
• Use the Commission’s internet [Disaster Declaration #15438 and #15439; disaster for Public Assistance Only for
comment form (http://www.sec.gov/ CALIFORNIA Disaster Number CA–00282] the State of Iowa (FEMA–4392–DR),
rules/sro.shtml); or dated 09/12/2018.
• Send an email to rule-comments@ Presidential Declaration Amendment of Incident: Severe Storm and
sec.gov. Please include File Number SR– a Major Disaster for the State of Tornadoes.
MRX–2018–27 on the subject line. California Incident Period: 07/19/2018.
Paper Comments AGENCY: U.S. Small Business DATES: Issued on 09/12/2018.
• Send paper comments in triplicate Administration. Physical Loan Application Deadline
to Secretary, Securities and Exchange ACTION: Amendment 1. Date: 11/13/2018.
Commission, 100 F Street NE, Economic Injury (EIDL) Loan
SUMMARY: This is an amendment of the Application Deadline Date: 06/12/2019.
Washington, DC 20549–1090.
Presidential declaration of a major ADDRESSES: Submit completed loan
All submissions should refer to File disaster for the State of California
Number SR–MRX–2018–27. This file applications to: U.S. Small Business
(FEMA–4353–DR), dated 01/15/2018. Administration, Processing and
number should be included on the Incident: Wildfires, Flooding,
subject line if email is used. To help the Disbursement Center, 14925 Kingsport
Mudflows, and Debris Flows directly
Commission process and review your Road, Fort Worth, TX 76155.
related to the Wildfires.
amozie on DSK3GDR082PROD with NOTICES1
comments more efficiently, please use Incident Period: 12/04/2017 through FOR FURTHER INFORMATION CONTACT: A.
only one method. The Commission will 01/31/2018. Escobar, Office of Disaster Assistance,
DATES: Issued on 09/07/2018. U.S. Small Business Administration,
13 For purposes only of waiving the 30-day
Physical Loan Application Deadline 409 3rd Street SW, Suite 6050,
operative delay, the Commission also has Washington, DC 20416, (202) 205–6734.
considered the proposed rule’s impact on Date: 03/16/2018.
efficiency, competition, and capital formation. See SUPPLEMENTARY INFORMATION: Notice is
15 U.S.C. 78c(f). 14 17 CFR 200.30–3(a)(12). hereby given that as a result of the
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Document Created: 2018-09-19 02:55:58
Document Modified: 2018-09-19 02:55:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 83 FR 47386 |
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