83_FR_48677 83 FR 48491 - Self-Regulatory Organizations; Nasdaq GEMX, 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 48491 - Self-Regulatory Organizations; Nasdaq GEMX, 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 Range48491-48492
FR Document2018-20758

Federal Register, Volume 83 Issue 186 (Tuesday, September 25, 2018)
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Notices]
[Pages 48491-48492]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20758]



[[Page 48491]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84202; File No. SR-GEMX-2018-31]


Self-Regulatory Organizations; Nasdaq GEMX, 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 GEMX, LLC (``GEMX'' 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 (``Phlx'').
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqgemx.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\
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    \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.
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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 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 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 BX, Inc. 
(``BX''), Nasdaq ISE, LLC (``ISE''), and Nasdaq MRX, LLC (``MRX'') 
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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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

[[Page 48492]]

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).
---------------------------------------------------------------------------

    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-GEMX-2018-31 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-GEMX-2018-31. 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-GEMX-2018-31 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\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20758 Filed 9-24-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices                                                       48491

                                               SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s                      of the Act,8 in general, and furthers the
                                               COMMISSION                                                 Statement of the Purpose of, and                       objectives of Section 6(b)(1) of the Act,9
                                                                                                          Statutory Basis for, the Proposed Rule                 in particular, in that it enables the
                                               [Release No. 34–84202; File No. SR–GEMX–                   Change                                                 Exchange to be so organized so as to
                                               2018–31]                                                                                                          have the capacity to be able to carry out
                                                                                                          1. Purpose                                             the purposes of the Act and to comply,
                                               Self-Regulatory Organizations; Nasdaq                         The Exchange proposes to amend its                  and to enforce compliance by its
                                               GEMX, LLC; Notice of Filing and                            By-Laws at Article IV, Section 7 to                    members and persons associated with
                                               Immediate Effectiveness of Proposed                        conform its provisions regarding the                   its members, with the provisions of the
                                               Rule Change To Conform By-Law’s                            Exchange’s Chief Regulatory Officer                    Act, the rules and regulations
                                                                                                          (‘‘CRO’’) to those of its affiliate, Nasdaq            thereunder, and the rules of the
                                               CRO Provisions to Those of an Affiliate
                                                                                                          PHLX LLC (‘‘Phlx’’).3 By-Law Article IV,               Exchange. The Exchange also believes
                                               Exchange
                                                                                                          Section 7 presently requires that an                   that this proposal furthers the objectives
                                               September 19, 2018.                                        officer of the Exchange 4 with the                     of Section 6(b)(5) of the Act,10 in
                                                                                                          position of Executive Vice President or                particular, in that it is designed to
                                                  Pursuant to Section 19(b)(1) of the                     Senior Vice President be designated as                 promote just and equitable principles of
                                               Securities Exchange Act of 1934                            the CRO of the Exchange. The Exchange                  trade, to remove impediments to and
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    now proposes to remove the                             perfect the mechanism of a free and
                                               notice is hereby given that on                             requirement that the CRO be an                         open market and a national market
                                               September 6, 2018, Nasdaq GEMX, LLC                        Executive Vice President or Senior Vice                system, and, in general to protect
                                               (‘‘GEMX’’ or ‘‘Exchange’’) filed with the                  President of the Exchange. The                         investors and the public interest. The
                                               Securities and Exchange Commission                         Exchange believes that this requirement                proposed changes will remove the
                                               (‘‘SEC’’ or ‘‘Commission’’) the proposed                   is unnecessary and notes that there may                requirement currently in Article IV,
                                               rule change as described in Items I and                    be officers of the Exchange who are well               Section 7 of the Exchange’s By-Laws
                                               II below, which Items have been                            qualified to serve in the CRO role, but                that the CRO be an Executive Vice
                                               prepared by the Exchange. The                              who may not hold the position of an                    President or Senior Vice President of the
                                               Commission is publishing this notice to                    Executive Vice President or Senior Vice                Exchange. As discussed above, the
                                               solicit comments on the proposed rule                      President.5 The Exchange does not seek                 current responsibilities of the CRO as
                                               change from interested persons.                            to amend any of the current                            provided in Article IV, Section 7 remain
                                                                                                          responsibilities of the CRO as set forth               unchanged under this proposal, and the
                                               I. Self-Regulatory Organization’s                          in Section 7; 6 rather, the proposed                   CRO will continue to have general
                                               Statement of the Terms of Substance of                     changes are intended to give the                       oversight of the regulatory operations of
                                               the Proposed Rule Change                                   Exchange more flexibility to attract and               the Exchange and be obligated to meet
                                                                                                          retain well qualified officers to the role             regularly with the Regulatory Oversight
                                                  The Exchange proposes to conform
                                                                                                          of CRO that are not designated as an                   Committee. The proposed rule change is
                                               the Exchange’s By-Law provisions
                                                                                                          Executive Vice President or Senior Vice                intended to provide the Exchange with
                                               regarding the Chief Regulatory Officer to                  President of the Exchange. As noted                    greater flexibility to attract and retain
                                               those of its affiliate, Nasdaq PHLX LLC                    above, the Exchange desires to conform                 capable individuals who are well
                                               (‘‘Phlx’’).                                                the requirements to become CRO in its                  qualified to serve in the CRO role. In
                                                  The text of the proposed rule change                    By-Laws to those in the By-Laws of                     addition, the proposed amendments
                                               is available on the Exchange’s website at                  Phlx, which do not contain a similar                   will have the additional benefit of
                                               http://nasdaqgemx.cchwallstreet.com/,                      restriction in Article IV, Section 4–7 of              bringing the Exchange’s requirements
                                               at the principal office of the Exchange,                   its By-Laws that its CRO be an Executive               on the CRO role into greater conformity
                                               and at the Commission’s Public                             Vice President or Senior Vice President                with those of its affiliate, Phlx, thereby
                                               Reference Room.                                            of Phlx.7                                              creating equivalent standards among the
                                                                                                                                                                 affiliated exchanges owned by Nasdaq,
                                               II. Self-Regulatory Organization’s                         2. Statutory Basis
                                                                                                                                                                 Inc. (‘‘HoldCo’’).11 As such, the
                                               Statement of the Purpose of, and                             The Exchange believes that its                       Exchange believes that its proposal will
                                               Statutory Basis for, the Proposed Rule                     proposal is consistent with Section 6(b)               bring greater consistency to its rules,
                                               Change                                                                                                            which is beneficial to both investors and
                                                                                                            3 See Phlx By-Law Article IV, Section 4–7 (Chief     the public interest.
                                                 In its filing with the Commission, the                   Regulatory Officer).
                                               Exchange included statements                                 4 In Exhibit 5, the references to ‘‘Company’’ mean   B. Self-Regulatory Organization’s
                                               concerning the purpose of and basis for                    the Exchange.                                          Statement on Burden on Competition
                                                                                                            5 The Exchange notes that Phlx’s CRO currently
                                               the proposed rule change and discussed                                                                              The Exchange does not believe that
                                                                                                          holds the position of Vice President.
                                               any comments it received on the                              6 The CRO’s responsibilities include general         the proposed rule change will impose
                                               proposed rule change. The text of these                    supervision of the regulatory operations of the        any burden on competition not
                                               statements may be examined at the                          Exchange, including responsibility for overseeing      necessary or appropriate in furtherance
                                               places specified in Item IV below. The                     the Exchange’s surveillance, examination, and          of the purposes of the Act. The
                                                                                                          enforcement functions and for administering any
                                               Exchange has prepared summaries, set                       regulatory services agreements with another SRO to
                                                                                                                                                                   8 15 U.S.C. 78f(b).
                                               forth in sections A, B, and C below, of                    which the Exchange is a party. In addition, the CRO
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                                                                                                                                                                   9 15 U.S.C. 78f(b)(1).
                                               the most significant aspects of such                       shall meet with the Regulatory Oversight
                                                                                                          Committee of the Exchange in executive session at        10 15 U.S.C. 78f(b)(5).
                                               statements.                                                regularly scheduled meetings of such committee,          11 The Nasdaq Stock Market LLC (‘‘NSM’’),
                                                                                                          and at any time upon request of the CRO or any         Nasdaq BX, Inc. (‘‘BX’’), Nasdaq ISE, LLC (‘‘ISE’’),
                                                                                                          member of the Regulatory Oversight Committee.          and Nasdaq MRX, LLC (‘‘MRX’’) will file similar
                                                                                                          Unlike Phlx, the Exchange’s By-Laws provide that       proposals to conform their By-Laws with Phlx’s By-
                                                                                                          the CRO may also serve as the General Counsel of       Laws. ISE, GEMX, MRX, NSM, BX, and Phlx will
                                                 1 15   U.S.C. 78s(b)(1).                                 the Exchange. See By-Law Article IV, Section 7.        hereinafter be referred to collectively as ‘‘Affiliated
                                                 2 17   CFR 240.19b–4.                                      7 See note 5 above.                                  Exchanges.’’



                                          VerDate Sep<11>2014      17:40 Sep 24, 2018   Jkt 244001   PO 00000   Frm 00083   Fmt 4703   Sfmt 4703   E:\FR\FM\25SEN1.SGM    25SEN1


                                               48492                       Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices

                                               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                  inspection and copying at the principal
                                               retaining well qualified officers to the                  filing of the proposed rule change, the               office of the Exchange. All comments
                                               role of CRO that are not designated as                    Commission summarily may                              received will be posted without change.
                                               an Executive Vice President or Senior                     temporarily suspend such rule change if               Persons submitting comments are
                                               Vice President.                                           it appears to the Commission that such                cautioned that we do not redact or edit
                                                                                                         action is: (i) Necessary or appropriate in            personal identifying information from
                                               C. Self-Regulatory Organization’s                         the public interest; (ii) for the protection          comment submissions. You should
                                               Statement on Comments on the                              of investors; or (iii) otherwise in                   submit only information that you wish
                                               Proposed Rule Change Received From                        furtherance of the purposes of the Act.               to make available publicly. All
                                               Members, Participants, or Others                          If the Commission takes such action, the              submissions should refer to File
                                                 No written comments were either                         Commission shall institute proceedings                Number SR–GEMX–2018–31 and
                                               solicited or received.                                    to determine whether the proposed rule                should be submitted on or before
                                               III. Date of Effectiveness of the                         should be approved or disapproved.                    October 16, 2018.
                                               Proposed Rule Change and Timing for                       IV. Solicitation of Comments                            For the Commission, by the Division of
                                               Commission Action                                                                                               Trading and Markets, pursuant to delegated
                                                                                                           Interested persons are invited to                   authority.17
                                                  Because the foregoing proposed rule                    submit written data, views, and                       Eduardo A. Aleman,
                                               change does not: (i) Significantly affect                 arguments concerning the foregoing,
                                               the protection of investors or the public                                                                       Assistant Secretary.
                                                                                                         including whether the proposed rule
                                               interest; (ii) impose any significant                                                                           [FR Doc. 2018–20758 Filed 9–24–18; 8:45 am]
                                                                                                         change is consistent with the Act.
                                               burden on competition; and (iii) become                   Comments may be submitted by any of                   BILLING CODE 8011–01–P
                                               operative for 30 days from the date on                    the following methods:
                                               which it was filed, or such shorter time
                                               as the Commission may designate, it has                   Electronic Comments                                   SECURITIES AND EXCHANGE
                                               become effective pursuant to Section                        • Use the Commission’s internet                     COMMISSION
                                               19(b)(3)(A)(iii) of the Act 12 and                        comment form (http://www.sec.gov/                     [Release No. 34–84209; File No. SR–
                                               subparagraph (f)(6) of Rule 19b–4                         rules/sro.shtml); or                                  NASDAQ–2018–073]
                                               thereunder.13                                               • Send an email to rule-comments@
                                                  A proposed rule change filed under                     sec.gov. Please include File Number SR–               Self-Regulatory Organizations; The
                                               Rule 19b–4(f)(6) 14 normally does not                     GEMX–2018–31 on the subject line.                     Nasdaq Stock Market LLC; Notice of
                                               become operative prior to 30 days after                                                                         Filing and Immediate Effectiveness of
                                                                                                         Paper Comments
                                               the date of the filing. However, Rule                                                                           Proposed Rule Change To Amend Rule
                                               19b–4(f)(6)(iii) 15 permits the                             • Send paper comments in triplicate                 7021
                                               Commission to designate a shorter time                    to Secretary, Securities and Exchange
                                                                                                         Commission, 100 F Street NE,                          September 19, 2018.
                                               if such action is consistent with the
                                                                                                         Washington, DC 20549–1090.                               Pursuant to Section 19(b)(1) of the
                                               protection of investors and the public
                                                                                                         All submissions should refer to File                  Securities Exchange Act of 1934
                                               interest. The Exchange has asked the
                                                                                                         Number SR–GEMX–2018–31. This file                     (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               Commission to waive the 30-day
                                               operative delay so that the proposed                      number should be included on the                      notice is hereby given that on
                                               rule change may become operative                          subject line if email is used. To help the            September 6, 2018, The Nasdaq Stock
                                               immediately upon filing. The Exchange                     Commission process and review your                    Market LLC (‘‘Nasdaq’’ or ‘‘Exchange’’)
                                               notes that waiver of the operative delay                  comments more efficiently, please use                 filed with the Securities and Exchange
                                               will allow it to amend its By-Laws by                     only one method. The Commission will                  Commission (‘‘Commission’’) the
                                               September 26, 2018. The Exchange                          post all comments on the Commission’s                 proposed rule change as described in
                                               states that the boards of the Affiliated                  internet website (http://www.sec.gov/                 Items I and II below, which Items have
                                               Exchanges will collectively meet on that                  rules/sro.shtml). Copies of the                       been prepared by the Exchange. The
                                               date to address, among other matters,                     submission, all subsequent                            Commission is publishing this notice to
                                               certain annual corporate ‘‘housekeeping                   amendments, all written statements                    solicit comments on the proposed rule
                                               items,’’ which the Exchange states has                    with respect to the proposed rule                     change from interested persons.
                                               historically included Exchange officer                    change that are filed with the                        I. Self-Regulatory Organization’s
                                               appointments. As such, the Commission                     Commission, and all written                           Statement of the Terms of Substance of
                                               believes that waiver of the operative                     communications relating to the                        the Proposed Rule Change
                                               delay is consistent with the protection                   proposed rule change between the
                                                                                                                                                                  The Exchange proposes to amend
                                               of investors and the public interest.                     Commission and any person, other than
                                                                                                                                                               Rule 7021 to address the transition of
                                                                                                         those that may be withheld from the
                                                                                                                                                               reports available on Report Center to a
                                                 12 15  U.S.C. 78s(b)(3)(A)(iii).                        public in accordance with the
                                                                                                                                                               new underlying platform, and to make
                                                 13 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      provisions of 5 U.S.C. 552, will be
                                               4(f)(6)(iii) requires a self-regulatory organization to                                                         technical and clarifying changes.
                                                                                                         available for website viewing and                        The text of the proposed rule change
daltland on DSKBBV9HB2PROD with NOTICES




                                               give the Commission written notice of its intent to
                                               file the proposed rule change, along with a brief         printing in the Commission’s Public                   is available on the Exchange’s website at
                                               description and text of the proposed rule change,         Reference Room, 100 F Street NE,                      http://nasdaq.cchwallstreet.com, at the
                                               at least five business days prior to the date of filing
                                               of the proposed rule change, or such shorter time            16 For purposes only of waiving the 30-day
                                                                                                                                                               principal office of the Exchange, and at
                                               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 00:22:32
Document Modified: 2018-09-25 00:22:32
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 48491 

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