83_FR_49630 83 FR 49440 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate the Exchange's Schedule of Fees

83 FR 49440 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate the Exchange's Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 190 (October 1, 2018)

Page Range49440-49442
FR Document2018-21236

Federal Register, Volume 83 Issue 190 (Monday, October 1, 2018)
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Notices]
[Pages 49440-49442]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21236]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84283; File No. SR-GEMX-2018-29]


Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Relocate the 
Exchange's Schedule of Fees

September 25, 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 12, 2018, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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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 (a) relocate the GEMX Schedule of Fees and 
current Rule 209 to the Exchange's rulebook's (``Rulebook'') shell 
structure,\3\ and (b) make conforming cross-reference changes 
throughout the Rulebook.
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    \3\ In 2017, the Exchange added a shell structure to its 
Rulebook with the purpose of improving efficiency and readability 
and to align its rules closer to those of its five sister exchanges, 
The Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq PHLX LLC; 
Nasdaq ISE, LLC; and Nasdaq MRX, LLC (``Affiliated Exchanges''). See 
Securities Exchange Act Release No. 82171 (November 29, 2017), 82 FR 
57516 (December 5, 2017) (SR-GEMX-2017-54).
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    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 relocate the entire GEMX Schedule of Fees 
and Rule 209 to the Exchange's shell structure; specifically, the 
Exchange will relocate the aforementioned rules to the Options 7 
(``Pricing Schedule'') section of the shell. In addition, the Exchange 
will make conforming cross-reference changes throughout the Rulebook.
(a) Relocation of Rules
    As indicated, the Exchange, as part of its continued effort to 
promote

[[Page 49441]]

efficiency and the conformity of its processes with those of the 
Affiliated Exchanges, and the goal of harmonizing and uniformizing its 
rules, proposes to relocate the Schedule of Fees and GEMX Rule 209 to 
Options 7, Pricing Schedule, of the shell structure.
    To improve the readability of the relocated Pricing Schedule rules, 
the Exchange will update their current ``Preface'' section and rename 
it ``Section 1. General Provisions.'' Next, the Exchange will move 
current GEMX Rule 209, described in the paragraph below, and rename it 
``Section 2'' but keeping its current title, ``Collection of Exchange 
Fees and Other Claims.''
    GEMX Rule 209 was added to the Rulebook to permit the Exchange the 
collection of undisputed or final fees, fines, charges and/or other 
monetary sanctions or other monies due and owing to the Exchange or 
other charges related to Rules 205 and 206.\4\ The Exchange believes 
that, unlike other rules in Chapter 2 (``Administration'') of the 
Rulebook, which generally refer to the powers of the Board of Directors 
and the authority it delegates to Senior Management of the Exchange, 
the direct debit process established in Rule 209 will be better 
situated among the relocated rules of the Pricing Schedule.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 79013 (September 30, 
2016), 81 FR 69556 (October 6, 2016) (SR-ISEGemini-2016-12); see 
also, Securities Exchange Act Release No. 79562 (December 15, 2016), 
81 FR 93722 (December 21, 2016) (SR-ISEGemini-2016-20).
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    The Exchange is also proposing to move all the remaining sections, 
I through V, in the current Schedule of Fees, renumber them as provided 
in the table below, and add the word ``Section'' to each of their 
titles. Relatedly, the Exchange will update all references to the 
``Schedule of Fees'' or ``Fee Schedule'' in the proposed rule text and 
replace them with the term ``Pricing Schedule'' where appropriate.
    Finally, the Exchange will update all references to ``NASDAQ'' in 
proposed Section 6, H., of the Pricing Schedule with the word 
``Nasdaq,'' to keep the proposed rule text consistent with changes to 
the names of the Affiliated Exchanges.\5\
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    \5\ See Securities Exchange Act Releases No. 81917 (October 23, 
2017), 82 FR 49879 (October 27, 2017) (SR-NASDAQ-2017-111) and No. 
81948 (October 25, 2017), 82 FR 50468 (October 31, 2017) (SR-BX-
2017-046).
[GRAPHIC] [TIFF OMITTED] TN01OC18.003

    The relocation of the Pricing Schedule rules will facilitate the 
use of the Rulebook by Members \6\ of the Exchange, including those who 
are members of other Affiliated Exchanges, and other market 
participants. Moreover, the proposed changes are of a non-substantive 
nature and will not amend the relocated rules, other than make the 
updates previously explained.
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    \6\ Exchange Rule 100(a)(31).
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(b) Cross-Reference Updates
    In connection with the changes described above, the Exchange 
proposes to update all cross-references in the Rulebook that direct the 
reader to the current location of the Pricing Schedule rules and/or any 
of their subsections.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\7\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\8\ in particular, in that it is designed to promote 
just and equitable principles of trade, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general to protect investors and the public interest, 
by promoting efficiency and structural conformity of the Exchange's 
processes with those of the Affiliated Exchanges and to make the 
Exchange's Rulebook easier to read and more accessible to its Members 
and market participants. The Exchange believes that the relocation of 
the Pricing Schedule rules, updating the name ``NASDAQ'' to ``Nasdaq,'' 
and related cross-reference updates are of a non-substantive nature.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).

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[[Page 49442]]

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed changes do not 
impose a burden on competition because, as previously stated, they (i) 
are of a non-substantive nature, (ii) are intended to harmonize the 
structure of the Exchange's rules with those of its Affiliated 
Exchanges, and (iii) are intended to organize the Rulebook in a way 
that it will ease the Members' and market participants' navigation and 
reading of the rules.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \11\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has requested that the Commission waive the 30-day operative delay so 
that the proposed rule change may become operative upon filing. Waiver 
of the operative delay would allow the Exchange to promptly relocate 
the Pricing Schedule rules and continue to reorganize its Rulebook to 
promote efficiency and structural consistency between the Exchange's 
rules and those of the Affiliated Exchanges. The Commission believes 
that waiver of the 30-day operative delay is consistent with the 
protection of investors and the public interest. Accordingly, the 
Commission hereby waives the operative delay and designates the 
proposed rule change operative upon filing.\13\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission also has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

IV. Solicitation of Comments

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

Electronic 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-GEMX-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-GEMX-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-GEMX-2018-29 and should be submitted on 
or before October 22, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-21236 Filed 9-28-18; 8:45 am]
 BILLING CODE 8011-01-P



                                             49440                           Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices

                                             B. Self-Regulatory Organization’s                          number should be included on the                      with the Securities and Exchange
                                             Statement on Burden on Competition                         subject line if email is used. To help the            Commission (‘‘Commission’’) the
                                                In accordance with Section 6(b)(8) of                   Commission process and review your                    proposed rule change as described in
                                             the Act,27 the Exchange does not believe                   comments more efficiently, please use                 Items I and II below, which Items have
                                             that the proposed rule change will                         only one method. The Commission will                  been prepared by the Exchange. The
                                             impose any burden on competition that                      post all comments on the Commission’s                 Commission is publishing this notice to
                                             is not necessary or appropriate in                         internet website (http://www.sec.gov/                 solicit comments on the proposed rule
                                             furtherance of the purposes of the Act.                    rules/sro.shtml). Copies of the                       change from interested persons.
                                             Instead, the Exchange believes that the                    submission, all subsequent
                                                                                                                                                              I. Self-Regulatory Organization’s
                                             proposed change will encourage                             amendments, all written statements
                                                                                                                                                              Statement of the Terms of Substance of
                                             competition by accommodating listing                       with respect to the proposed rule
                                                                                                                                                              the Proposed Rule Change
                                             and trading of additional issues of                        change that are filed with the
                                                                                                        Commission, and all written                              The Exchange proposes to (a) relocate
                                             Equity Index-Linked Securities and will
                                                                                                        communications relating to the                        the GEMX Schedule of Fees and current
                                             permit ETN issuers to better compete
                                                                                                        proposed rule change between the                      Rule 209 to the Exchange’s rulebook’s
                                             with issuers of Investment Company
                                                                                                        Commission and any person, other than                 (‘‘Rulebook’’) shell structure,3 and (b)
                                             Units and Managed Fund Shares.
                                                                                                        those that may be withheld from the                   make conforming cross-reference
                                             C. Self-Regulatory Organization’s                          public in accordance with the                         changes throughout the Rulebook.
                                             Statement on Comments on the                               provisions of 5 U.S.C. 552, will be                      The text of the proposed rule change
                                             Proposed Rule Change Received From                         available for website viewing and                     is available on the Exchange’s website at
                                             Members, Participants, or Others                           printing in the Commission’s Public                   http://nasdaqgemx.cchwallstreet.com/,
                                               No written comments were solicited                       Reference Room, 100 F Street NE,                      at the principal office of the Exchange,
                                             or received with respect to the proposed                   Washington, DC 20549, on official                     and at the Commission’s Public
                                             rule change.                                               business days between the hours of 10                 Reference Room.
                                                                                                        a.m. and 3 p.m. Copies of the filing also             II. Self-Regulatory Organization’s
                                             III. Date of Effectiveness of the                          will be available for inspection and
                                             Proposed Rule Change and Timing for                                                                              Statement of the Purpose of, and
                                                                                                        copying at the principal office of the                Statutory Basis for, the Proposed Rule
                                             Commission Action                                          Exchange. All comments received will                  Change
                                                Within 45 days of the date of                           be posted without change. Persons
                                                                                                        submitting comments are cautioned that                   In its filing with the Commission, the
                                             publication of this notice in the Federal
                                                                                                        we do not redact or edit personal                     Exchange included statements
                                             Register or up to 90 days (i) as the
                                                                                                        identifying information from comment                  concerning the purpose of and basis for
                                             Commission may designate if it finds
                                                                                                        submissions. You should submit only                   the proposed rule change and discussed
                                             such longer period to be appropriate
                                                                                                        information that you wish to make                     any comments it received on the
                                             and publishes its reasons for so finding
                                                                                                        available publicly. All submissions                   proposed rule change. The text of these
                                             or (ii) as to which the self-regulatory
                                                                                                        should refer to File Number NYSEArca–                 statements may be examined at the
                                             organization consents, the Commission
                                                                                                        2018–67, and should be submitted on or                places specified in Item IV below. The
                                             will:
                                                                                                        before October 22, 2018.                              Exchange has prepared summaries, set
                                                (A) By order approve or disapprove
                                                                                                                                                              forth in sections A, B, and C below, of
                                             the proposed rule change, or                                 For the Commission, by the Division of
                                                (B) institute proceedings to determine                                                                        the most significant aspects of such
                                                                                                        Trading and Markets, pursuant to delegated            statements.
                                             whether the proposed rule change                           authority.28
                                             should be disapproved.                                     Eduardo A. Aleman,                                    A. Self-Regulatory Organization’s
                                             IV. Solicitation of Comments                               Assistant Secretary.                                  Statement of the Purpose of, and
                                                                                                        [FR Doc. 2018–21234 Filed 9–28–18; 8:45 am]           Statutory Basis for, the Proposed Rule
                                               Interested persons are invited to                                                                              Change
                                                                                                        BILLING CODE 8011–01–P
                                             submit written data, views, and
                                             arguments concerning the foregoing,                                                                              1. Purpose
                                             including whether the proposed rule                        SECURITIES AND EXCHANGE                                  The Exchange proposes to relocate the
                                             change is consistent with the Act.                         COMMISSION                                            entire GEMX Schedule of Fees and Rule
                                             Comments may be submitted by any of                                                                              209 to the Exchange’s shell structure;
                                             the following methods:                                     [Release No. 34–84283; File No. SR–GEMX–              specifically, the Exchange will relocate
                                                                                                        2018–29]                                              the aforementioned rules to the Options
                                             Electronic Comments
                                                                                                                                                              7 (‘‘Pricing Schedule’’) section of the
                                               • Use the Commission’s internet                          Self-Regulatory Organizations; Nasdaq
                                                                                                                                                              shell. In addition, the Exchange will
                                             comment form (http://www.sec.gov/                          GEMX, LLC; Notice of Filing and
                                                                                                                                                              make conforming cross-reference
                                             rules/sro.shtml); or                                       Immediate Effectiveness of Proposed
                                                                                                                                                              changes throughout the Rulebook.
                                               • Send an email to rule-comments@                        Rule Change To Relocate the
                                             sec.gov. Please include File Number                        Exchange’s Schedule of Fees                           (a) Relocation of Rules
                                             NYSEArca–2018–67 on the subject line.                      September 25, 2018.                                      As indicated, the Exchange, as part of
                                                                                                           Pursuant to Section 19(b)(1) of the                its continued effort to promote
                                             Paper Comments
                                                                                                        Securities Exchange Act of 1934
                                               • Send paper comments in triplicate                                                                               3 In 2017, the Exchange added a shell structure to
                                                                                                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2
amozie on DSK3GDR082PROD with NOTICES




                                             to Secretary, Securities and Exchange                                                                            its Rulebook with the purpose of improving
                                                                                                        notice is hereby given that on                        efficiency and readability and to align its rules
                                             Commission, 100 F Street NE,
                                                                                                        September 12, 2018, Nasdaq GEMX,                      closer to those of its five sister exchanges, The
                                             Washington, DC 20549–1090.                                                                                       Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq
                                                                                                        LLC (‘‘GEMX’’ or ‘‘Exchange’’) filed
                                             All submissions should refer to File                                                                             PHLX LLC; Nasdaq ISE, LLC; and Nasdaq MRX,
                                                                                                                                                              LLC (‘‘Affiliated Exchanges’’). See Securities
                                             Number NYSEArca–2018–67. This file                           28 17 CFR 200.30–3(a)(12).                          Exchange Act Release No. 82171 (November 29,
                                                                                                          1 15 U.S.C. 78s(b)(1).                              2017), 82 FR 57516 (December 5, 2017) (SR–GEMX–
                                               27 15   U.S.C. 78f(b)(8).                                  2 17 CFR 240.19b–4.                                 2017–54).



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                                                                          Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices                                                  49441

                                             efficiency and the conformity of its                       GEMX Rule 209 was added to the                     through V, in the current Schedule of
                                             processes with those of the Affiliated                  Rulebook to permit the Exchange the                   Fees, renumber them as provided in the
                                             Exchanges, and the goal of harmonizing                  collection of undisputed or final fees,               table below, and add the word
                                             and uniformizing its rules, proposes to                 fines, charges and/or other monetary                  ‘‘Section’’ to each of their titles.
                                             relocate the Schedule of Fees and GEMX                  sanctions or other monies due and                     Relatedly, the Exchange will update all
                                             Rule 209 to Options 7, Pricing Schedule,                owing to the Exchange or other charges                references to the ‘‘Schedule of Fees’’ or
                                             of the shell structure.                                 related to Rules 205 and 206.4 The                    ‘‘Fee Schedule’’ in the proposed rule
                                                                                                     Exchange believes that, unlike other                  text and replace them with the term
                                                To improve the readability of the                    rules in Chapter 2 (‘‘Administration’’) of
                                             relocated Pricing Schedule rules, the                                                                         ‘‘Pricing Schedule’’ where appropriate.
                                                                                                     the Rulebook, which generally refer to
                                             Exchange will update their current                      the powers of the Board of Directors and                 Finally, the Exchange will update all
                                             ‘‘Preface’’ section and rename it                       the authority it delegates to Senior                  references to ‘‘NASDAQ’’ in proposed
                                             ‘‘Section 1. General Provisions.’’ Next,                Management of the Exchange, the direct                Section 6, H., of the Pricing Schedule
                                             the Exchange will move current GEMX                     debit process established in Rule 209                 with the word ‘‘Nasdaq,’’ to keep the
                                             Rule 209, described in the paragraph                    will be better situated among the                     proposed rule text consistent with
                                             below, and rename it ‘‘Section 2’’ but                  relocated rules of the Pricing Schedule.              changes to the names of the Affiliated
                                             keeping its current title, ‘‘Collection of                 The Exchange is also proposing to                  Exchanges.5
                                             Exchange Fees and Other Claims.’’                       move all the remaining sections, I




                                               The relocation of the Pricing Schedule                Rulebook that direct the reader to the                investors and the public interest, by
                                             rules will facilitate the use of the                    current location of the Pricing Schedule              promoting efficiency and structural
                                             Rulebook by Members 6 of the Exchange,                  rules and/or any of their subsections.                conformity of the Exchange’s processes
                                             including those who are members of                                                                            with those of the Affiliated Exchanges
                                                                                                     2. Statutory Basis
                                             other Affiliated Exchanges, and other                                                                         and to make the Exchange’s Rulebook
                                             market participants. Moreover, the                         The Exchange believes that its                     easier to read and more accessible to its
                                             proposed changes are of a non-                          proposal is consistent with Section 6(b)              Members and market participants. The
                                             substantive nature and will not amend                   of the Act,7 in general, and furthers the             Exchange believes that the relocation of
                                             the relocated rules, other than make the                objectives of Section 6(b)(5) of the Act,8            the Pricing Schedule rules, updating the
                                             updates previously explained.                           in particular, in that it is designed to              name ‘‘NASDAQ’’ to ‘‘Nasdaq,’’ and
                                                                                                     promote just and equitable principles of              related cross-reference updates are of a
                                             (b) Cross-Reference Updates
                                                                                                     trade, to remove impediments to and                   non-substantive nature.
                                               In connection with the changes                        perfect the mechanism of a free and
                                             described above, the Exchange proposes                  open market and a national market
amozie on DSK3GDR082PROD with NOTICES




                                             to update all cross-references in the                   system, and, in general to protect
                                               4 See Securities Exchange Act Release No. 79013       2016), 81 FR 93722 (December 21, 2016) (SR–           25, 2017), 82 FR 50468 (October 31, 2017) (SR–BX–
                                             (September 30, 2016), 81 FR 69556 (October 6,           ISEGemini–2016–20).                                   2017–046).
                                                                                                                                                             6 Exchange Rule 100(a)(31).
                                             2016) (SR–ISEGemini–2016–12); see also, Securities        5 See Securities Exchange Act Releases No. 81917

                                             Exchange Act Release No. 79562 (December 15,                                                                    7 15 U.S.C. 78f(b).
                                                                                                     (October 23, 2017), 82 FR 49879 (October 27, 2017)
                                                                                                                                                                                                               EN01OC18.003</GPH>




                                                                                                     (SR–NASDAQ–2017–111) and No. 81948 (October             8 15 U.S.C. 78f(b)(5).




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                                             49442                         Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices

                                             B. Self-Regulatory Organization’s                       between the Exchange’s rules and those                Commission and any person, other than
                                             Statement on Burden on Competition                      of the Affiliated Exchanges. The                      those that may be withheld from the
                                               The Exchange does not believe that                    Commission believes that waiver of the                public in accordance with the
                                             the proposed rule change will impose                    30-day operative delay is consistent                  provisions of 5 U.S.C. 552, will be
                                             any burden on competition not                           with the protection of investors and the              available for website viewing and
                                             necessary or appropriate in furtherance                 public interest. Accordingly, the                     printing in the Commission’s Public
                                             of the purposes of the Act. The                         Commission hereby waives the                          Reference Room, 100 F Street NE,
                                             proposed changes do not impose a                        operative delay and designates the                    Washington, DC 20549, on official
                                             burden on competition because, as                       proposed rule change operative upon                   business days between the hours of 10
                                             previously stated, they (i) are of a non-               filing.13                                             a.m. and 3 p.m. Copies of the filing also
                                                                                                        At any time within 60 days of the                  will be available for inspection and
                                             substantive nature, (ii) are intended to
                                                                                                     filing of the proposed rule change, the               copying at the principal office of the
                                             harmonize the structure of the
                                                                                                     Commission summarily may                              Exchange. All comments received will
                                             Exchange’s rules with those of its
                                                                                                     temporarily suspend such rule change if               be posted without change. Persons
                                             Affiliated Exchanges, and (iii) are
                                                                                                     it appears to the Commission that such                submitting comments are cautioned that
                                             intended to organize the Rulebook in a
                                                                                                     action is necessary or appropriate in the             we do not redact or edit personal
                                             way that it will ease the Members’ and                  public interest, for the protection of
                                             market participants’ navigation and                                                                           identifying information from comment
                                                                                                     investors, or otherwise in furtherance of             submissions. You should submit only
                                             reading of the rules.                                   the purposes of the Act. If the                       information that you wish to make
                                             C. Self-Regulatory Organization’s                       Commission takes such action, the                     available publicly. All submissions
                                             Statement on Comments on the                            Commission shall institute proceedings                should refer to File Number SR–GEMX–
                                             Proposed Rule Change Received From                      to determine whether the proposed rule                2018–29 and should be submitted on or
                                             Members, Participants, or Others                        change should be approved or                          before October 22, 2018.
                                                                                                     disapproved.
                                               No written comments were either                                                                               For the Commission, by the Division of
                                             solicited or received.                                  IV. Solicitation of Comments                          Trading and Markets, pursuant to delegated
                                                                                                       Interested persons are invited to                   authority.14
                                             III. Date of Effectiveness of the
                                                                                                     submit written data, views, and                       Eduardo A. Aleman,
                                             Proposed Rule Change and Timing for
                                             Commission Action                                       arguments concerning the foregoing,                   Assistant Secretary.
                                                                                                     including whether the proposed rule                   [FR Doc. 2018–21236 Filed 9–28–18; 8:45 am]
                                                Because the foregoing proposed rule
                                                                                                     change is consistent with the Act.                    BILLING CODE 8011–01–P
                                             change does not: (i) Significantly affect               Comments may be submitted by any of
                                             the protection of investors or the public               the following methods:
                                             interest; (ii) impose any significant                                                                         SECURITIES AND EXCHANGE
                                             burden on competition; and (iii) become                 Electronic Comments
                                                                                                                                                           COMMISSION
                                             operative for 30 days from the date on                    • Use the Commission’s internet
                                             which it was filed, or such shorter time                comment form (http://www.sec.gov/
                                             as the Commission may designate, it has                                                                       [Release No. 34–84282; File No. SR–
                                                                                                     rules/sro.shtml); or                                  NYSEArca–2018–69]
                                             become effective pursuant to Section                      • Send an email to rule-comments@
                                             19(b)(3)(A) of the Act 9 and Rule 19b–                  sec.gov. Please include File Number SR–               Self-Regulatory Organizations; NYSE
                                             4(f)(6) thereunder.10                                   GEMX–2018–29 on the subject line.                     Arca, Inc.; Notice of Filing and
                                                A proposed rule change filed                                                                               Immediate Effectiveness of Proposed
                                             pursuant to Rule 19b–4(f)(6) under the                  Paper Comments
                                                                                                                                                           Rule Change To Amend a
                                             Act 11 normally does not become                           • Send paper comments in triplicate                 Representation Relating to the
                                             operative for 30 days after the date of its             to Secretary, Securities and Exchange                 Redemption Procedures Applicable to
                                             filing. However, Rule 19b–4(f)(6)(iii) 12               Commission, 100 F Street NE,                          the Sprott Physical Gold and Silver
                                             permits the Commission to designate a                   Washington, DC 20549–1090.                            Trust
                                             shorter time if such action is consistent               All submissions should refer to File
                                             with the protection of investors and the                Number SR–GEMX–2018–29. This file                     September 25, 2018.
                                             public interest. The Exchange has                       number should be included on the                         Pursuant to Section 19(b)(1) 1 of the
                                             requested that the Commission waive                     subject line if email is used. To help the            Securities Exchange Act of 1934 (the
                                             the 30-day operative delay so that the                  Commission process and review your                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                             proposed rule change may become                         comments more efficiently, please use                 notice is hereby given that, on
                                             operative upon filing. Waiver of the                    only one method. The Commission will                  September 14, 2018, NYSE Arca, Inc.
                                             operative delay would allow the                         post all comments on the Commission’s                 (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
                                             Exchange to promptly relocate the                       internet website (http://www.sec.gov/                 with the Securities and Exchange
                                             Pricing Schedule rules and continue to                  rules/sro.shtml). Copies of the                       Commission (the ‘‘Commission’’) the
                                             reorganize its Rulebook to promote                      submission, all subsequent                            proposed rule change as described in
                                             efficiency and structural consistency                   amendments, all written statements                    Items I and II below, which Items have
                                                                                                     with respect to the proposed rule                     been prepared by the self-regulatory
                                               9 15  U.S.C. 78s(b)(3)(A).                            change that are filed with the                        organization. The Commission is
                                               10 17  CFR 240.19b–4(f)(6). As required under Rule    Commission, and all written                           publishing this notice to solicit
                                             19b–4(f)(6)(iii), the Exchange provided the
amozie on DSK3GDR082PROD with NOTICES




                                             Commission with written notice of its intent to file    communications relating to the                        comments on the proposed rule change
                                             the proposed rule change, along with a brief            proposed rule change between the                      from interested persons.
                                             description and the text of the proposed rule
                                             change, at least five business days prior to the date      13 For purposes only of waiving the 30-day
                                                                                                                                                             14 17 CFR 200.30–3(a)(12).
                                             of filing of the proposed rule change, or such          operative delay, the Commission also has
                                             shorter time as designated by the Commission.           considered the proposed rule’s impact on
                                                                                                                                                             1 15 U.S.C. 78s(b)(1).
                                               11 17 CFR 240.19b–4(f)(6).                                                                                    2 15 U.S.C. 78a.
                                                                                                     efficiency, competition, and capital formation. See
                                               12 17 CFR 240.19b–4(f)(6)(iii).                       15 U.S.C. 78c(f).                                       3 17 CFR 240.19b–4.




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Document Created: 2018-09-29 04:26:56
Document Modified: 2018-09-29 04:26:56
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 49440 

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