83_FR_48667 83 FR 48481 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Conform By-Law's CRO Provisions To Those of an Affiliate Exchange

83 FR 48481 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Conform By-Law's CRO Provisions To Those of an Affiliate Exchange

SECURITIES AND EXCHANGE COMMISSION

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

Page Range48481-48482
FR Document2018-20760

Federal Register, Volume 83 Issue 186 (Tuesday, September 25, 2018)
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Notices]
[Pages 48481-48482]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20760]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84204; File No. SR-MRX-2018-29]


Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Conform By-Law's 
CRO Provisions To Those of an Affiliate Exchange

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 MRX, LLC (``MRX'' 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.
---------------------------------------------------------------------------

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

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

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

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

1. Purpose
    The Exchange proposes to amend its By-Laws at Article IV, Section 7 
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 IV, Section 7 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 7; \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\
---------------------------------------------------------------------------

    \3\ See Phlx By-Law Article IV, Section 4-7 (Chief Regulatory 
Officer).
    \4\ In Exhibit 5, the references to ``Company'' 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 IV, Section 7.
    \7\ See note 5 above.
---------------------------------------------------------------------------

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 IV, Section 7 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 IV, Section 7 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

[[Page 48482]]

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.
---------------------------------------------------------------------------

    \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 BX, Inc. 
(``BX''), Nasdaq ISE, LLC (``ISE''), and Nasdaq GEMX, LLC (``GEMX'') 
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.''
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-MRX-2018-29 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-2018-29. 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 a.m. and 3 
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-2018-29 and should be submitted on 
or before October 16, 2018.
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20760 Filed 9-24-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                         Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices                                                   48481

                                               Washington, DC 20549, on official                       the principal office of the Exchange, and              changes are intended to give the
                                               business days between the hours of                      at the Commission’s Public Reference                   Exchange more flexibility to attract and
                                               10:00 a.m. and 3:00 p.m. Copies of the                  Room.                                                  retain well qualified officers to the role
                                               filing also will be available for                                                                              of CRO that are not designated as an
                                                                                                       II. Self-Regulatory Organization’s
                                               inspection and copying at the principal                                                                        Executive Vice President or Senior Vice
                                                                                                       Statement of the Purpose of, and
                                               office of the Exchange. All comments                                                                           President of the Exchange. As noted
                                               received will be posted without change.                 Statutory Basis for, the Proposed Rule
                                                                                                                                                              above, the Exchange desires to conform
                                               Persons submitting comments are                         Change
                                                                                                                                                              the requirements to become CRO in its
                                               cautioned that we do not redact or edit                   In its filing with the Commission, the               By-Laws to those in the By-Laws of
                                               personal identifying information from                   Exchange included statements                           Phlx, which do not contain a similar
                                               comment submissions. You should                         concerning the purpose of and basis for                restriction in Article IV, Section 4–7 of
                                               submit only information that you wish                   the proposed rule change and discussed                 its By-Laws that its CRO be an Executive
                                               to make available publicly. All                         any comments it received on the                        Vice President or Senior Vice President
                                               submissions should refer to File                        proposed rule change. The text of these                of Phlx.7
                                               Number SR–ISE–2018–79 and should be                     statements may be examined at the
                                               submitted on or before October 16,                                                                             2. Statutory Basis
                                                                                                       places specified in Item IV below. The
                                               2018.                                                   Exchange has prepared summaries, set                      The Exchange believes that its
                                                 For the Commission, by the Division of                forth in sections A, B, and C below, of                proposal is consistent with Section 6(b)
                                               Trading and Markets, pursuant to delegated              the most significant aspects of such                   of the Act,8 in general, and furthers the
                                               authority.17                                            statements.                                            objectives of Section 6(b)(1) of the Act,9
                                               Eduardo A. Aleman,                                                                                             in particular, in that it enables the
                                                                                                       A. Self-Regulatory Organization’s                      Exchange to be so organized so as to
                                               Assistant Secretary.
                                                                                                       Statement of the Purpose of, and                       have the capacity to be able to carry out
                                               [FR Doc. 2018–20759 Filed 9–24–18; 8:45 am]
                                                                                                       Statutory Basis for, the Proposed Rule                 the purposes of the Act and to comply,
                                               BILLING CODE 8011–01–P
                                                                                                       Change                                                 and to enforce compliance by its
                                                                                                       1. Purpose                                             members and persons associated with
                                               SECURITIES AND EXCHANGE                                                                                        its members, with the provisions of the
                                               COMMISSION                                                 The Exchange proposes to amend its                  Act, the rules and regulations
                                                                                                       By-Laws at Article IV, Section 7 to                    thereunder, and the rules of the
                                               [Release No. 34–84204; File No. SR–MRX–                 conform its provisions regarding the                   Exchange. The Exchange also believes
                                               2018–29]                                                Exchange’s Chief Regulatory Officer                    that this proposal furthers the objectives
                                                                                                       (‘‘CRO’’) to those of its affiliate, Nasdaq            of Section 6(b)(5) of the Act,10 in
                                               Self-Regulatory Organizations; Nasdaq
                                                                                                       PHLX LLC (‘‘Phlx’’).3 By-Law Article IV,               particular, in that it is designed to
                                               MRX, LLC; Notice of Filing and
                                                                                                       Section 7 presently requires that an                   promote just and equitable principles of
                                               Immediate Effectiveness of Proposed
                                                                                                       officer of the Exchange 4 with the                     trade, to remove impediments to and
                                               Rule Change To Conform By-Law’s
                                                                                                       position of Executive Vice President or                perfect the mechanism of a free and
                                               CRO Provisions To Those of an
                                                                                                       Senior Vice President be designated as                 open market and a national market
                                               Affiliate Exchange
                                                                                                       the CRO of the Exchange. The Exchange                  system, and, in general to protect
                                               September 19, 2018.                                     now proposes to remove the                             investors and the public interest. The
                                                  Pursuant to Section 19(b)(1) of the                  requirement that the CRO be an                         proposed changes will remove the
                                               Securities Exchange Act of 1934                         Executive Vice President or Senior Vice                requirement currently in Article IV,
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 President of the Exchange. The                         Section 7 of the Exchange’s By-Laws
                                               notice is hereby given that on                          Exchange believes that this requirement                that the CRO be an Executive Vice
                                               September 6, 2018, Nasdaq MRX, LLC                      is unnecessary and notes that there may                President or Senior Vice President of the
                                               (‘‘MRX’’ or ‘‘Exchange’’) filed with the                be officers of the Exchange who are well               Exchange. As discussed above, the
                                               Securities and Exchange Commission                      qualified to serve in the CRO role, but                current responsibilities of the CRO as
                                               (‘‘SEC’’ or ‘‘Commission’’) the proposed                who may not hold the position of an                    provided in Article IV, Section 7 remain
                                               rule change as described in Items I and                 Executive Vice President or Senior Vice                unchanged under this proposal, and the
                                               II below, which Items have been                         President.5 The Exchange does not seek                 CRO will continue to have general
                                               prepared by the Exchange. The                           to amend any of the current                            oversight of the regulatory operations of
                                               Commission is publishing this notice to                 responsibilities of the CRO as set forth               the Exchange and be obligated to meet
                                               solicit comments on the proposed rule                   in Section 7; 6 rather, the proposed                   regularly with the Regulatory Oversight
                                               change from interested persons.                                                                                Committee. The proposed rule change is
                                                                                                         3 See Phlx By-Law Article IV, Section 4–7 (Chief
                                               I. Self-Regulatory Organization’s                       Regulatory Officer).
                                                                                                                                                              intended to provide the Exchange with
                                               Statement of the Terms of Substance of                    4 In Exhibit 5, the references to ‘‘Company’’ mean   greater flexibility to attract and retain
                                               the Proposed Rule Change                                the Exchange.                                          capable individuals who are well
                                                                                                         5 The Exchange notes that Phlx’s CRO currently       qualified to serve in the CRO role. In
                                                  The Exchange proposes to conform                     holds the position of Vice President.                  addition, the proposed amendments
                                               the Exchange’s By-Law provisions                          6 The CRO’s responsibilities include general
                                                                                                                                                              will have the additional benefit of
                                               regarding the Chief Regulatory Officer to               supervision of the regulatory operations of the
                                                                                                                                                              bringing the Exchange’s requirements
                                               those of its affiliate, Nasdaq PHLX LLC                 Exchange, including responsibility for overseeing
                                                                                                       the Exchange’s surveillance, examination, and          on the CRO role into greater conformity
                                               (‘‘Phlx’’).
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       enforcement functions and for administering any        with those of its affiliate, Phlx, thereby
                                                  The text of the proposed rule change                 regulatory services agreements with another SRO to
                                               is available on the Exchange’s website at               which the Exchange is a party. In addition, the CRO
                                                                                                                                                              the CRO may also serve as the General Counsel of
                                               http://nasdaqmrx.cchwallstreet.com/, at                 shall meet with the Regulatory Oversight
                                                                                                                                                              the Exchange. See By-Law Article IV, Section 7.
                                                                                                       Committee of the Exchange in executive session at        7 See note 5 above.
                                                                                                       regularly scheduled meetings of such committee,
                                                 17 17 CFR 200.30–3(a)(12).                                                                                     8 15 U.S.C. 78f(b).
                                                                                                       and at any time upon request of the CRO or any
                                                 1 15 U.S.C. 78s(b)(1).                                                                                         9 15 U.S.C. 78f(b)(1).
                                                                                                       member of the Regulatory Oversight Committee.
                                                 2 17 CFR 240.19b–4.                                   Unlike Phlx, the Exchange’s By-Laws provide that         10 15 U.S.C. 78f(b)(5).




                                          VerDate Sep<11>2014   17:40 Sep 24, 2018   Jkt 244001   PO 00000   Frm 00073   Fmt 4703   Sfmt 4703   E:\FR\FM\25SEN1.SGM   25SEN1


                                               48482                       Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices

                                               creating equivalent standards among the                   Commission to designate a shorter time                subject line if email is used. To help the
                                               affiliated exchanges owned by Nasdaq,                     if such action is consistent with the                 Commission process and review your
                                               Inc. (‘‘HoldCo’’).11 As such, the                         protection of investors and the public                comments more efficiently, please use
                                               Exchange believes that its proposal will                  interest. The Exchange has asked the                  only one method. The Commission will
                                               bring greater consistency to its rules,                   Commission to waive the 30-day                        post all comments on the Commission’s
                                               which is beneficial to both investors and                 operative delay so that the proposed                  internet website (http://www.sec.gov/
                                               the public interest.                                      rule change may become operative                      rules/sro.shtml). Copies of the
                                                                                                         immediately upon filing. The Exchange                 submission, all subsequent
                                               B. Self-Regulatory Organization’s                         notes that waiver of the operative delay              amendments, all written statements
                                               Statement on Burden on Competition                        will allow it to amend its By-Laws by                 with respect to the proposed rule
                                                 The Exchange does not believe that                      September 26, 2018. The Exchange                      change that are filed with the
                                               the proposed rule change will impose                      states that the boards of the Affiliated              Commission, and all written
                                               any burden on competition not                             Exchanges will collectively meet on that              communications relating to the
                                               necessary or appropriate in furtherance                   date to address, among other matters,                 proposed rule change between the
                                               of the purposes of the Act. The                           certain annual corporate ‘‘housekeeping               Commission and any person, other than
                                               proposed rule change does not address                     items,’’ which the Exchange states has                those that may be withheld from the
                                               competitive issues but relates to the                     historically included Exchange officer                public in accordance with the
                                               administration and functioning of the                     appointments. As such, the Commission                 provisions of 5 U.S.C. 552, will be
                                               Exchange by allowing the Exchange                         believes that waiver of the operative                 available for website viewing and
                                               greater flexibility in attracting and                     delay is consistent with the protection               printing in the Commission’s Public
                                               retaining well qualified officers to the                  of investors and the public interest.                 Reference Room, 100 F Street NE,
                                               role of CRO that are not designated as                    Therefore, the Commission hereby                      Washington, DC 20549, on official
                                               an Executive Vice President or Senior                     waives the 30-day operative delay and                 business days between the hours of 10
                                               Vice President.                                           designates the proposed rule change as                a.m. and 3 p.m. Copies of the filing also
                                                                                                         operative upon filing.16                              will be available for inspection and
                                               C. Self-Regulatory Organization’s                            At any time within 60 days of the
                                               Statement on Comments on the                                                                                    copying at the principal office of the
                                                                                                         filing of the proposed rule change, the               Exchange. All comments received will
                                               Proposed Rule Change Received From                        Commission summarily may
                                               Members, Participants, or Others                                                                                be posted without change. Persons
                                                                                                         temporarily suspend such rule change if               submitting comments are cautioned that
                                                 No written comments were either                         it appears to the Commission that such                we do not redact or edit personal
                                               solicited or received.                                    action is: (i) Necessary or appropriate in            identifying information from comment
                                                                                                         the public interest; (ii) for the protection          submissions. You should submit only
                                               III. Date of Effectiveness of the                         of investors; or (iii) otherwise in
                                               Proposed Rule Change and Timing for                                                                             information that you wish to make
                                                                                                         furtherance of the purposes of the Act.               available publicly. All submissions
                                               Commission Action                                         If the Commission takes such action, the              should refer to File Number SR–MRX–
                                                  Because the foregoing proposed rule                    Commission shall institute proceedings                2018–29 and should be submitted on or
                                               change does not: (i) Significantly affect                 to determine whether the proposed rule                before October 16, 2018.
                                               the protection of investors or the public                 should be approved or disapproved.
                                               interest; (ii) impose any significant                                                                             For the Commission, by the Division of
                                               burden on competition; and (iii) become                   IV. Solicitation of Comments                          Trading and Markets, pursuant to delegated
                                                                                                           Interested persons are invited to                   authority.17
                                               operative for 30 days from the date on
                                               which it was filed, or such shorter time                  submit written data, views, and                       Eduardo A. Aleman,
                                               as the Commission may designate, it has                   arguments concerning the foregoing,                   Assistant Secretary.
                                               become effective pursuant to Section                      including whether the proposed rule                   [FR Doc. 2018–20760 Filed 9–24–18; 8:45 am]
                                               19(b)(3)(A)(iii) of the Act 12 and                        change is consistent with the Act.                    BILLING CODE 8011–01–P
                                               subparagraph (f)(6) of Rule 19b–4                         Comments may be submitted by any of
                                               thereunder.13                                             the following methods:
                                                  A proposed rule change filed under                                                                           SECURITIES AND EXCHANGE
                                                                                                         Electronic Comments                                   COMMISSION
                                               Rule 19b–4(f)(6) 14 normally does not
                                               become operative prior to 30 days after                     • Use the Commission’s internet
                                               the date of the filing. However, Rule                     comment form (http://www.sec.gov/                     Sunshine Act Meetings
                                               19b–4(f)(6)(iii) 15 permits the                           rules/sro.shtml); or
                                                                                                           • Send an email to rule-comments@                   TIME AND DATE:  2:00 p.m. on Thursday,
                                                  11 The Nasdaq Stock Market LLC (‘‘NSM’’),              sec.gov. Please include File Number SR–               September 27, 2018.
                                               Nasdaq BX, Inc. (‘‘BX’’), Nasdaq ISE, LLC (‘‘ISE’’),      MRX–2018–29 on the subject line.                      PLACE: Closed Commission Hearing
                                               and Nasdaq GEMX, LLC (‘‘GEMX’’) will file similar                                                               Room 10800.
                                               proposals to conform their By-Laws with Phlx’s By-        Paper Comments
                                                                                                                                                               STATUS: This meeting will be closed to
                                               Laws. ISE, GEMX, MRX, NSM, BX, and Phlx will                • Send paper comments in triplicate                 the public.
                                               hereinafter be referred to collectively as ‘‘Affiliated
                                               Exchanges.’’                                              to Secretary, Securities and Exchange                 MATTERS TO BE CONSIDERED:
                                                  12 15 U.S.C. 78s(b)(3)(A)(iii).                        Commission, 100 F Street NE,                          Commissioners, Counsel to the
                                                  13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–      Washington, DC 20549–1090.                            Commissioners, the Secretary to the
                                               4(f)(6)(iii) requires a self-regulatory organization to   All submissions should refer to File                  Commission, and recording secretaries
daltland on DSKBBV9HB2PROD with NOTICES




                                               give the Commission written notice of its intent to
                                               file the proposed rule change, along with a brief         Number SR–MRX–2018–29. This file                      will attend the closed meeting. Certain
                                               description and text of the proposed rule change,         number should be included on the                      staff members who have an interest in
                                               at least five business days prior to the date of filing                                                         the matters also may be present.
                                               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                                                                     The General Counsel of the
                                                                                                         operative delay, the Commission has also
                                               has satisfied this requirement.                           considered the proposed rule’s impact on              Commission, or his designee, has
                                                  14 17 CFR 240.19b–4(f)(6).
                                                                                                         efficiency, competition, and capital formation. See
                                                  15 17 CFR 240.19b–4(f)(6)(iii).                        15 U.S.C. 78c(f).                                       17 17   CFR 200.30–3(a)(12).



                                          VerDate Sep<11>2014    17:40 Sep 24, 2018   Jkt 244001   PO 00000   Frm 00074   Fmt 4703   Sfmt 4703   E:\FR\FM\25SEN1.SGM     25SEN1



Document Created: 2018-09-25 00:22:31
Document Modified: 2018-09-25 00:22:31
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 48481 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR