83_FR_48661 83 FR 48475 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Conform the Exchange's By-Law Provisions Regarding the Chief Regulatory Officer to Those of Its Affiliate, Nasdaq PHLX LLC

83 FR 48475 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Conform the Exchange's By-Law Provisions Regarding the Chief Regulatory Officer to Those of Its Affiliate, Nasdaq PHLX LLC

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 186 (September 25, 2018)

Page Range48475-48476
FR Document2018-20762

Federal Register, Volume 83 Issue 186 (Tuesday, September 25, 2018)
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Notices]
[Pages 48475-48476]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20762]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84215; File No. SR-BX-2018-044]


Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Conform the 
Exchange's By-Law Provisions Regarding the Chief Regulatory Officer to 
Those of Its Affiliate, Nasdaq PHLX LLC

September 19, 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 September 6, 2018, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I and II below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to conform the Exchange's By-Law provisions 
regarding the Chief Regulatory Officer to those of its affiliate, 
Nasdaq PHLX LLC.
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqbx.cchwallstreet.com/, at the principal office 
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its By-Laws at Article V, Section 
5.10 to conform its provisions regarding the Exchange's Chief 
Regulatory Officer (``CRO'') to those of its affiliate, Nasdaq PHLX LLC 
(``Phlx'').\3\ By-Law Article V, Section 5.10 presently requires that 
an officer of the Exchange \4\ with the position of Executive Vice 
President or Senior Vice President be designated as the CRO of the 
Exchange. The Exchange now proposes to remove the requirement that the 
CRO be an Executive Vice President or Senior Vice President of the 
Exchange. The Exchange believes that this requirement is unnecessary 
and notes that there may be officers of the Exchange who are well 
qualified to serve in the CRO role, but who may not hold the position 
of an Executive Vice President or Senior Vice President.\5\ The 
Exchange does not seek to amend any of the current responsibilities of 
the CRO as set forth in Section 5.10; \6\ rather, the proposed changes 
are intended to give the Exchange more flexibility to attract and 
retain well qualified officers to the role of CRO that are not 
designated as an Executive Vice President or Senior Vice President of 
the Exchange. As noted above, the Exchange desires to conform the 
requirements to become CRO in its By-Laws to those in the By-Laws of 
Phlx, which do not contain a similar restriction in Article IV, Section 
4-7 of its By-Laws that its CRO be an Executive Vice President or 
Senior Vice President of Phlx.\7\
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    \3\ See Phlx By-Law Article IV, Section 4-7 (Chief Regulatory 
Officer).
    \4\ In Exhibit 5, the references to ``Corporation'' mean the 
Exchange.
    \5\ The Exchange notes that Phlx's CRO currently holds the 
position of Vice President.
    \6\ The CRO's responsibilities include general supervision of 
the regulatory operations of the Exchange, including responsibility 
for overseeing the Exchange's surveillance, examination, and 
enforcement functions and for administering any regulatory services 
agreements with another SRO to which the Exchange is a party. In 
addition, the CRO shall meet with the Regulatory Oversight Committee 
of the Exchange in executive session at regularly scheduled meetings 
of such committee, and at any time upon request of the CRO or any 
member of the Regulatory Oversight Committee. Unlike Phlx, the 
Exchange's By-Laws provide that the CRO may also serve as the 
General Counsel of the Exchange. See By-Law Article V, Section 5.10.
    \7\ See note 5 above.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\8\ in general, and furthers the objectives of Section 
6(b)(1) of the Act,\9\ in particular, in that it enables the Exchange 
to be so organized so as to have the capacity to be able to carry out 
the purposes of the Act and to comply, and to enforce compliance by its 
members and persons associated with its members, with the provisions of 
the Act, the rules and regulations thereunder, and the rules of the 
Exchange. The Exchange also believes that this proposal furthers the 
objectives of Section 6(b)(5) of the Act,\10\ in particular, in that it 
is designed to promote just and equitable principles of trade, to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system, and, in general to protect 
investors and the public interest. The proposed changes will remove the 
requirement currently in Article V, Section 5.10 of the Exchange's By-
Laws that the CRO be an Executive Vice President or Senior Vice 
President of the Exchange. As discussed above, the current 
responsibilities of the CRO as provided in Article V, Section 5.10 
remain unchanged under this proposal, and the CRO will continue to have 
general oversight of the regulatory operations of the Exchange and be 
obligated to meet regularly with the Regulatory Oversight Committee. 
The proposed rule change is intended to provide the Exchange with 
greater flexibility to attract and retain capable individuals who are 
well qualified to serve in the CRO role. In addition, the proposed 
amendments will have the additional benefit of bringing the Exchange's 
requirements on the CRO role into greater conformity with those of its 
affiliate, Phlx, thereby creating equivalent standards among the 
affiliated exchanges owned by Nasdaq, Inc. (``HoldCo'').\11\ As such, 
the Exchange believes that its proposal will bring greater consistency 
to its rules, which is beneficial to both investors and the public 
interest.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(1).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ The Nasdaq Stock Market LLC (``NSM''), Nasdaq ISE, LLC 
(``ISE''), Nasdaq GEMX, LLC (``GEMX''), and Nasdaq MRX, LLC will 
file similar proposals to conform their By-Laws with Phlx's By-Laws. 
ISE, GEMX, MRX, NSM, BX, and Phlx will hereinafter be referred to 
collectively as ``Affiliated Exchanges.''

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[[Page 48476]]

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 rule change does 
not address competitive issues but relates to the administration and 
functioning of the Exchange by allowing the Exchange greater 
flexibility in attracting and retaining well qualified officers to the 
role of CRO that are not designated as an Executive Vice President or 
Senior Vice President.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \12\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, Rule 19b-4(f)(6)(iii) \15\ permits the Commission to 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposed 
rule change may become operative immediately upon filing. The Exchange 
notes that waiver of the operative delay will allow it to amend its By-
Laws by September 26, 2018. The Exchange states that the boards of the 
Affiliated Exchanges will collectively meet on that date to address, 
among other matters, certain annual corporate ``housekeeping items,'' 
which the Exchange states has historically included Exchange officer 
appointments. As such, the Commission believes that waiver of the 
operative delay is consistent with the protection of investors and the 
public interest. Therefore, the Commission hereby waives the 30-day 
operative delay and designates the proposed rule change as operative 
upon filing.\16\
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-BX-2018-044 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-BX-2018-044. 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-BX-2018-044 and should be submitted on 
or before October 16, 2018.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Brent J. Fields,
Secretary.
[FR Doc. 2018-20762 Filed 9-24-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                         Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices                                                      48475

                                               proposed rule change (File Number SR–                   statements may be examined at the                     Vice President or Senior Vice President
                                               NYSEArca-2018–54).                                      places specified in Item IV below. The                of Phlx.7
                                                 For the Commission, by the Division of                Exchange has prepared summaries, set
                                                                                                                                                             2. Statutory Basis
                                               Trading and Markets, pursuant to delegated              forth in sections A, B, and C below, of
                                               authority.6                                             the most significant aspects of such                     The Exchange believes that its
                                               Eduardo A. Aleman,                                      statements.                                           proposal is consistent with Section 6(b)
                                               Assistant Secretary.                                                                                          of the Act,8 in general, and furthers the
                                                                                                       A. Self-Regulatory Organization’s                     objectives of Section 6(b)(1) of the Act,9
                                               [FR Doc. 2018–20769 Filed 9–24–18; 8:45 am]             Statement of the Purpose of, and                      in particular, in that it enables the
                                               BILLING CODE 8011–01–P                                  Statutory Basis for, the Proposed Rule                Exchange to be so organized so as to
                                                                                                       Change                                                have the capacity to be able to carry out
                                               SECURITIES AND EXCHANGE                                 1. Purpose                                            the purposes of the Act and to comply,
                                               COMMISSION                                                                                                    and to enforce compliance by its
                                                                                                          The Exchange proposes to amend its                 members and persons associated with
                                               [Release No. 34–84215; File No. SR–BX–                  By-Laws at Article V, Section 5.10 to                 its members, with the provisions of the
                                               2018–044]                                               conform its provisions regarding the                  Act, the rules and regulations
                                                                                                       Exchange’s Chief Regulatory Officer                   thereunder, and the rules of the
                                               Self-Regulatory Organizations; Nasdaq
                                                                                                       (‘‘CRO’’) to those of its affiliate, Nasdaq           Exchange. The Exchange also believes
                                               BX, Inc.; Notice of Filing and
                                                                                                       PHLX LLC (‘‘Phlx’’).3 By-Law Article V,               that this proposal furthers the objectives
                                               Immediate Effectiveness of Proposed
                                                                                                       Section 5.10 presently requires that an               of Section 6(b)(5) of the Act,10 in
                                               Rule Change To Conform the
                                                                                                       officer of the Exchange 4 with the                    particular, in that it is designed to
                                               Exchange’s By-Law Provisions
                                                                                                       position of Executive Vice President or               promote just and equitable principles of
                                               Regarding the Chief Regulatory Officer
                                                                                                       Senior Vice President be designated as                trade, to remove impediments to and
                                               to Those of Its Affiliate, Nasdaq PHLX
                                                                                                       the CRO of the Exchange. The Exchange                 perfect the mechanism of a free and
                                               LLC
                                                                                                       now proposes to remove the                            open market and a national market
                                               September 19, 2018.                                     requirement that the CRO be an                        system, and, in general to protect
                                                  Pursuant to Section 19(b)(1) of the                  Executive Vice President or Senior Vice               investors and the public interest. The
                                               Securities Exchange Act of 1934                         President of the Exchange. The                        proposed changes will remove the
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Exchange believes that this requirement               requirement currently in Article V,
                                               notice is hereby given that on                          is unnecessary and notes that there may               Section 5.10 of the Exchange’s By-Laws
                                               September 6, 2018, Nasdaq BX, Inc.                      be officers of the Exchange who are well              that the CRO be an Executive Vice
                                               (‘‘BX’’ or ‘‘Exchange’’) filed with the                 qualified to serve in the CRO role, but               President or Senior Vice President of the
                                               Securities and Exchange Commission                      who may not hold the position of an                   Exchange. As discussed above, the
                                               (‘‘SEC’’ or ‘‘Commission’’) the proposed                Executive Vice President or Senior Vice               current responsibilities of the CRO as
                                               rule change as described in Items I and                 President.5 The Exchange does not seek                provided in Article V, Section 5.10
                                               II below, which Items have been                         to amend any of the current                           remain unchanged under this proposal,
                                               prepared by the Exchange. The                           responsibilities of the CRO as set forth              and the CRO will continue to have
                                               Commission is publishing this notice to                 in Section 5.10; 6 rather, the proposed               general oversight of the regulatory
                                               solicit comments on the proposed rule                   changes are intended to give the                      operations of the Exchange and be
                                               change from interested persons.                         Exchange more flexibility to attract and              obligated to meet regularly with the
                                                                                                       retain well qualified officers to the role            Regulatory Oversight Committee. The
                                               I. Self-Regulatory Organization’s                       of CRO that are not designated as an                  proposed rule change is intended to
                                               Statement of the Terms of Substance of                  Executive Vice President or Senior Vice               provide the Exchange with greater
                                               the Proposed Rule Change                                President of the Exchange. As noted                   flexibility to attract and retain capable
                                                  The Exchange proposes to conform                     above, the Exchange desires to conform                individuals who are well qualified to
                                               the Exchange’s By-Law provisions                        the requirements to become CRO in its                 serve in the CRO role. In addition, the
                                               regarding the Chief Regulatory Officer to               By-Laws to those in the By-Laws of                    proposed amendments will have the
                                               those of its affiliate, Nasdaq PHLX LLC.                Phlx, which do not contain a similar                  additional benefit of bringing the
                                                  The text of the proposed rule change                 restriction in Article IV, Section 4–7 of             Exchange’s requirements on the CRO
                                               is available on the Exchange’s website at               its By-Laws that its CRO be an Executive              role into greater conformity with those
                                               http://nasdaqbx.cchwallstreet.com/, at                                                                        of its affiliate, Phlx, thereby creating
                                               the principal office of the Exchange, and                 3 See Phlx By-Law Article IV, Section 4–7 (Chief    equivalent standards among the
                                               at the Commission’s Public Reference                    Regulatory Officer).                                  affiliated exchanges owned by Nasdaq,
                                               Room.                                                     4 In Exhibit 5, the references to ‘‘Corporation’’
                                                                                                                                                             Inc. (‘‘HoldCo’’).11 As such, the
                                                                                                       mean the Exchange.
                                               II. Self-Regulatory Organization’s                        5 The Exchange notes that Phlx’s CRO currently      Exchange believes that its proposal will
                                               Statement of the Purpose of, and                        holds the position of Vice President.                 bring greater consistency to its rules,
                                               Statutory Basis for, the Proposed Rule                    6 The CRO’s responsibilities include general        which is beneficial to both investors and
                                               Change                                                  supervision of the regulatory operations of the       the public interest.
                                                                                                       Exchange, including responsibility for overseeing
                                                  In its filing with the Commission, the               the Exchange’s surveillance, examination, and           7 See  note 5 above.
                                               Exchange included statements                            enforcement functions and for administering any         8 15
                                                                                                       regulatory services agreements with another SRO to            U.S.C. 78f(b).
                                               concerning the purpose of and basis for
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                                9 15 U.S.C. 78f(b)(1).
                                                                                                       which the Exchange is a party. In addition, the CRO
                                               the proposed rule change and discussed                  shall meet with the Regulatory Oversight                 10 15 U.S.C. 78f(b)(5).

                                               any comments it received on the                         Committee of the Exchange in executive session at        11 The Nasdaq Stock Market LLC (‘‘NSM’’),

                                               proposed rule change. The text of these                 regularly scheduled meetings of such committee,       Nasdaq ISE, LLC (‘‘ISE’’), Nasdaq GEMX, LLC
                                                                                                       and at any time upon request of the CRO or any        (‘‘GEMX’’), and Nasdaq MRX, LLC will file similar
                                                                                                       member of the Regulatory Oversight Committee.         proposals to conform their By-Laws with Phlx’s By-
                                                 6 17 CFR 200.30–3(a)(31).                             Unlike Phlx, the Exchange’s By-Laws provide that      Laws. ISE, GEMX, MRX, NSM, BX, and Phlx will
                                                 1 15 U.S.C. 78s(b)(1).                                the CRO may also serve as the General Counsel of      hereinafter be referred to collectively as ‘‘Affiliated
                                                 2 17 CFR 240.19b–4.                                   the Exchange. See By-Law Article V, Section 5.10.     Exchanges.’’



                                          VerDate Sep<11>2014   17:40 Sep 24, 2018   Jkt 244001   PO 00000   Frm 00067   Fmt 4703   Sfmt 4703   E:\FR\FM\25SEN1.SGM    25SEN1


                                               48476                       Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices

                                               B. Self-Regulatory Organization’s                         date to address, among other matters,                 proposed rule change between the
                                               Statement on Burden on Competition                        certain annual corporate ‘‘housekeeping               Commission and any person, other than
                                                 The Exchange does not believe that                      items,’’ which the Exchange states has                those that may be withheld from the
                                               the proposed rule change will impose                      historically included Exchange officer                public in accordance with the
                                               any burden on competition not                             appointments. As such, the Commission                 provisions of 5 U.S.C. 552, will be
                                                                                                         believes that waiver of the operative                 available for website viewing and
                                               necessary or appropriate in furtherance
                                                                                                         delay is consistent with the protection               printing in the Commission’s Public
                                               of the purposes of the Act. The
                                                                                                         of investors and the public interest.                 Reference Room, 100 F Street NE,
                                               proposed rule change does not address
                                                                                                         Therefore, the Commission hereby                      Washington, DC 20549, on official
                                               competitive issues but relates to the
                                                                                                         waives the 30-day operative delay and                 business days between the hours of
                                               administration and functioning of the
                                                                                                         designates the proposed rule change as                10:00 a.m. and 3:00 p.m. Copies of the
                                               Exchange by allowing the Exchange
                                                                                                         operative upon filing.16                              filing also will be available for
                                               greater flexibility in attracting and                        At any time within 60 days of the
                                               retaining well qualified officers to the                  filing of the proposed rule change, the               inspection and copying at the principal
                                               role of CRO that are not designated as                    Commission summarily may                              office of the Exchange. All comments
                                               an Executive Vice President or Senior                     temporarily suspend such rule change if               received will be posted without change.
                                               Vice President.                                           it appears to the Commission that such                Persons submitting comments are
                                               C. Self-Regulatory Organization’s                         action is: (i) Necessary or appropriate in            cautioned that we do not redact or edit
                                               Statement on Comments on the                              the public interest; (ii) for the protection          personal identifying information from
                                               Proposed Rule Change Received From                        of investors; or (iii) otherwise in                   comment submissions. You should
                                               Members, Participants, or Others                          furtherance of the purposes of the Act.               submit only information that you wish
                                                                                                         If the Commission takes such action, the              to make available publicly. All
                                                 No written comments were either                         Commission shall institute proceedings                submissions should refer to File
                                               solicited or received.                                    to determine whether the proposed rule                Number SR–BX–2018–044 and should
                                               III. Date of Effectiveness of the                         should be approved or disapproved.                    be submitted on or before October 16,
                                               Proposed Rule Change and Timing for                                                                             2018.
                                                                                                         IV. Solicitation of Comments
                                               Commission Action                                                                                                 For the Commission, by the Division of
                                                                                                           Interested persons are invited to
                                                  Because the foregoing proposed rule                    submit written data, views, and                       Trading and Markets, pursuant to delegated
                                               change does not: (i) Significantly affect                                                                       authority.17
                                                                                                         arguments concerning the foregoing,
                                               the protection of investors or the public                 including whether the proposed rule                   Brent J. Fields,
                                               interest; (ii) impose any significant                     change is consistent with the Act.                    Secretary.
                                               burden on competition; and (iii) become                   Comments may be submitted by any of                   [FR Doc. 2018–20762 Filed 9–24–18; 8:45 am]
                                               operative for 30 days from the date on                    the following methods:                                BILLING CODE 8011–01–P
                                               which it was filed, or such shorter time
                                               as the Commission may designate, it has                   Electronic Comments
                                               become effective pursuant to Section                        • Use the Commission’s internet                     SECURITIES AND EXCHANGE
                                               19(b)(3)(A)(iii) of the Act 12 and                        comment form (http://www.sec.gov/                     COMMISSION
                                               subparagraph (f)(6) of Rule 19b–4                         rules/sro.shtml); or
                                               thereunder.13                                               • Send an email to rule-comments@
                                                  A proposed rule change filed under                     sec.gov. Please include File Number SR–               [Release No. 34–84200; File No. SR–
                                               Rule 19b–4(f)(6) 14 normally does not                     BX–2018–044 on the subject line.                      NASDAQ–2018–076]
                                               become operative prior to 30 days after                   Paper Comments                                        Self-Regulatory Organizations; The
                                               the date of the filing. However, Rule
                                               19b–4(f)(6)(iii) 15 permits the                             • Send paper comments in triplicate                 Nasdaq Stock Market LLC; Notice of
                                               Commission to designate a shorter time                    to Secretary, Securities and Exchange                 Filing and Immediate Effectiveness of
                                               if such action is consistent with the                     Commission, 100 F Street NE,                          Proposed Rule Change To Amend
                                               protection of investors and the public                    Washington, DC 20549–1090.                            Fees at Rule 7014
                                               interest. The Exchange has asked the                      All submissions should refer to File
                                                                                                                                                               September 19, 2018.
                                               Commission to waive the 30-day                            Number SR–BX–2018–044. This file
                                               operative delay so that the proposed                      number should be included on the                         Pursuant to Section 19(b)(1) of the
                                               rule change may become operative                          subject line if email is used. To help the            Securities Exchange Act of 1934
                                               immediately upon filing. The Exchange                     Commission process and review your                    (‘‘Act’’) 1, and Rule 19b–4 thereunder,2
                                               notes that waiver of the operative delay                  comments more efficiently, please use                 notice is hereby given that on
                                               will allow it to amend its By-Laws by                     only one method. The Commission will                  September 13, 2018, The Nasdaq Stock
                                               September 26, 2018. The Exchange                          post all comments on the Commission’s                 Market LLC (‘‘Nasdaq’’ or ‘‘Exchange’’)
                                               states that the boards of the Affiliated                  internet website (http://www.sec.gov/                 filed with the Securities and Exchange
                                               Exchanges will collectively meet on that                  rules/sro.shtml). Copies of the                       Commission (‘‘SEC’’ or ‘‘Commission’’)
                                                                                                         submission, all subsequent                            the proposed rule change as described
                                                 12 15  U.S.C. 78s(b)(3)(A)(iii).                        amendments, all written statements                    in Items I, II, and III, below, which Items
                                                 13 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      with respect to the proposed rule                     have been prepared by the Exchange.
                                               4(f)(6)(iii) requires a self-regulatory organization to   change that are filed with the                        The Commission is publishing this
daltland on DSKBBV9HB2PROD with NOTICES




                                               give the Commission written notice of its intent to
                                               file the proposed rule change, along with a brief         Commission, and all written                           notice to solicit comments on the
                                               description and text of the proposed rule change,         communications relating to the                        proposed rule change from interested
                                               at least five business days prior to the date of filing                                                         persons.
                                               of the proposed rule change, or such shorter time            16 For purposes only of waiving the 30-day
                                               as designated by the Commission. The Exchange             operative delay, the Commission has also
                                               has satisfied this requirement.                           considered the proposed rule’s impact on
                                                                                                                                                                 17 17 CFR 200.30–3(a)(12).
                                                  14 17 CFR 240.19b–4(f)(6).                                                                                     1 15 U.S.C. 78s(b)(1).
                                                                                                         efficiency, competition, and capital formation. See
                                                  15 17 CFR 240.19b–4(f)(6)(iii).                        15 U.S.C. 78c(f).                                       2 17 CFR 240.19b–4.




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Document Created: 2018-09-25 00:22:17
Document Modified: 2018-09-25 00:22:17
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 48475 

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