83_FR_48668 83 FR 48482 - Sunshine Act Meetings

83 FR 48482 - Sunshine Act Meetings

SECURITIES AND EXCHANGE COMMISSION

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

Page Range48482-48483
FR Document2018-20899

Federal Register, Volume 83 Issue 186 (Tuesday, September 25, 2018)
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Notices]
[Pages 48482-48483]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20899]


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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, September 27, 2018.

PLACE: Closed Commission Hearing Room 10800.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners, 
the Secretary to the Commission, and recording secretaries will attend 
the closed meeting. Certain staff members who have an interest in the 
matters also may be present.
    The General Counsel of the Commission, or his designee, has

[[Page 48483]]

certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), 
permit consideration of the scheduled matters at the closed meeting.
    Commissioner Peirce, as duty officer, voted to consider the items 
listed for the closed meeting in closed session.
    The subject matters of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.

CONTACT PERSON FOR MORE INFORMATION: For further information and to 
ascertain what, if any, matters have been added, deleted or postponed; 
please contact Brent J. Fields from the Office of the Secretary at 
(202) 551-5400.

    Dated: September 20, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-20899 Filed 9-21-18; 11:15 am]
 BILLING CODE 8011-01-P



                                               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
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                                               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).



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                                                                         Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices                                         48483

                                               certified that, in his opinion, one or                  publishing this notice to solicit                     respect to orders originated, received,
                                               more of the exemptions set forth in 5                   comments on the proposed rule change                  transmitted, modified, canceled, or
                                               U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)             from interested persons.                              executed by members in Nasdaq- and
                                               and (10) and 17 CFR 200.402(a)(3),                                                                            Exchange-listed stocks. FINRA’s Order
                                                                                                       I. Self-Regulatory Organization’s
                                               (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and                                                                Audit Trail System (‘‘OATS’’) captures
                                                                                                       Statement of the Terms of Substance of
                                               (a)(10), permit consideration of the                                                                          this order information and integrates it
                                                                                                       the Proposed Rule Change
                                               scheduled matters at the closed meeting.                                                                      with quote and transaction information
                                                  Commissioner Peirce, as duty officer,                   The Exchange proposes to the [sic]                 to create a time-sequenced record of
                                               voted to consider the items listed for the              Rule 6950 Series concerning the Order                 orders, quotes, and transactions. This
                                               closed meeting in closed session.                       Audit Trail System to make conforming                 information is used by FINRA staff to
                                                  The subject matters of the closed                    and technical changes.                                conduct surveillance and investigations
                                               meeting will be:                                           The text of the proposed rule change               of members for potential violation of
                                                  Institution and settlement of                        is available on the Exchange’s website at             Exchange rules and federal securities
                                               injunctive actions;                                     http://nasdaqbx.cchwallstreet.com/, at                laws.
                                                  Institution and settlement of                        the principal office of the Exchange, and                The Exchange adopted the Equity
                                               administrative proceedings;                             at the Commission’s Public Reference                  Rule 6950 Series to copy Nasdaq and
                                                  Resolution of litigation claims; and                 Room.                                                 FINRA OATS rules, where appropriate.
                                                  Other matters relating to enforcement                                                                      As a general principle, the Exchange
                                               proceedings.                                            II. Self-Regulatory Organization’s
                                                                                                       Statement of the Purpose of, and                      endeavors to keep its rules worded and
                                                  At times, changes in Commission                                                                            structured as closely as possible to the
                                               priorities require alterations in the                   Statutory Basis for, the Proposed Rule
                                                                                                       Change                                                FINRA rules on which they are based,
                                               scheduling of meeting items.                                                                                  including FINRA’s OATS rules under its
                                               CONTACT PERSON FOR MORE INFORMATION:                       In its filing with the Commission, the             Rule 7000 Series. In instances where the
                                               For further information and to ascertain                Exchange included statements                          FINRA rules are inapplicable to the
                                               what, if any, matters have been added,                  concerning the purpose of and basis for               Exchange, such as FINRA Rule
                                               deleted or postponed; please contact                    the proposed rule change and discussed                7410(o)(2), which concerns an exception
                                               Brent J. Fields from the Office of the                  any comments it received on the                       to the definition of a Reporting Member
                                               Secretary at (202) 551–5400.                            proposed rule change. The text of these               relating to members operating on
                                                 Dated: September 20, 2018.                            statements may be examined at the                     equities floors, the Exchange has not
                                               Brent J. Fields,                                        places specified in Item IV below. The                copied those FINRA rules. Generally,
                                               Secretary.
                                                                                                       Exchange has prepared summaries, set                  the Exchange also seeks to keep the
                                                                                                       forth in sections A, B, and C below, of               Equity Rule 6950 Series consistent with
                                               [FR Doc. 2018–20899 Filed 9–21–18; 11:15 am]
                                                                                                       the most significant aspects of such                  Nasdaq’s Rule 7400A Series, which
                                               BILLING CODE 8011–01–P
                                                                                                       statements.                                           should also be materially identical to
                                                                                                       A. Self-Regulatory Organization’s                     the related rules of the Exchange. The
                                               SECURITIES AND EXCHANGE                                 Statement of the Purpose of, and                      proposed changes will harmonize
                                               COMMISSION                                              Statutory Basis for, the Proposed Rule                Exchange rules with analogous Nasdaq
                                                                                                       Change                                                and FINRA rules, which have been
                                               [Release No. 34–84227; File No. SR–BX–                                                                        amended since the Exchange first
                                               2018–045]                                               1. Purpose                                            adopted its rules.
                                               Self-Regulatory Organizations; Nasdaq                      The Exchange is proposing to amend                 First Change
                                               BX, Inc.; Notice of Filing and                          the Equity Rule 6950 Series 5 concerning
                                                                                                       the Order Audit Trail System to: (1)                     The Exchange is proposing to
                                               Immediate Effectiveness of Proposed                                                                           renumber the Equity Rule 6950 Series to
                                               Rule Change To Amend the Equity                         Renumber the whole Equity Rule 6950
                                                                                                       Series to conform it to the numbering                 a new Equity Rule 7000A Series, which
                                               Rule 6950 Series Concerning the Order                                                                         is identical to how Nasdaq presents its
                                               Audit Trail System To Make                              convention used by the Nasdaq Stock
                                                                                                       Market LLC (‘‘Nasdaq’’) and FINRA; (2)                OATS rules. This will allow the
                                               Conforming and Technical Changes                                                                              Exchange’s OATS rules to follow the
                                                                                                       amend Equity Rule 7410A to expand
                                               September 20, 2018.                                                                                           numbering convention used by Nasdaq
                                                                                                       two exemptions and to make technical
                                                  Pursuant to Section 19(b)(1) of the                                                                        and FINRA. Like Nasdaq, the Exchange
                                                                                                       changes to text under the Rule; (3)
                                               Securities Exchange Act of 1934                                                                               is proposing to add an ‘‘A’’ to each of
                                                                                                       delete inapplicable text from Equity
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                       the rules so that they do not conflict
                                                                                                       Rules 7430A, 7440A and 7450A and
                                               notice is hereby given that on                                                                                with the existing Equity Rule 7000
                                                                                                       make other conforming changes to these
                                               September 12, 2018, Nasdaq BX, Inc.                                                                           Series within the Exchange’s rule book
                                                                                                       Rules; (4) reorganize rule text under
                                               (‘‘BX’’ or ‘‘Exchange’’) filed with the                                                                       yet also follow FINRA’s numbering
                                                                                                       Equity Rule 7450A; (5) delete current
                                               Securities and Exchange Commission                                                                            convention. FINRA’s OATS rules are
                                                                                                       Equity Rules 6957and 6958.
                                               (‘‘Commission’’) the proposed rule                                                                            under the FINRA Rule 7400 Series and
                                                                                                          The Exchange’s Equity Rule 6950
                                               change as described in Items I and II                                                                         individual rule numbers align with
                                                                                                       Series imposes an obligation on
                                               below, which Items have been prepared                                                                         those of Nasdaq’s OATS rules and those
                                                                                                       Exchange members to record in
                                               by the Exchange. The Exchange filed the                                                                       proposed by the Exchange. As part of
                                                                                                       electronic form and report to FINRA on
                                               proposal as a ‘‘non-controversial’’ rule                                                                      this change, the Exchange is also
                                                                                                       a daily basis certain information with
                                               change pursuant to Section 19(b)(3)(A)                                                                        updating references to rules in the
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                                               of the Act 3 and Rule 19b–4(f)(6)                         5 The term ‘‘Equity Rules’’ means the numbered      Equity Rule 6950 Series to the
                                               thereunder.4 The Commission is                          rules set forth in the Exchange Manual                renumbered rules in the Equity Rule
                                                                                                       denominated as the 0100, 1000, 2000, 3000, 4000,      7000A Series. Relatedly, the Exchange is
                                                 1 15
                                                                                                       5000, 6000, 7000, 8000, 9000, 10000, and 11000        correcting citations in Equity Rules
                                                      U.S.C. 78s(b)(1).                                Series Rules. See Equity Rule 0120(p). The
                                                 2 17 CFR 240.19b–4.                                   Exchange is proposing to make it clear in the
                                                                                                                                                             7430A, 7440A, and 7450A that currently
                                                 3 15 U.S.C. 78s(b)(3)(A).
                                                                                                       proposed rules that references to rules of the        reference NASD rule [sic] that have been
                                                 4 17 CFR 240.19b–4(f)(6).                             Exchange are ‘‘Equity Rules.’’                        renumbered as FINRA rules.


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Document Created: 2018-09-25 00:21:40
Document Modified: 2018-09-25 00:21:40
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
Dates2:00 p.m. on Thursday, September 27, 2018.
FR Citation83 FR 48482 

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