83 FR 54632 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delete Current Rules on Arbitration, under Chapter 18
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 210 (October 30, 2018)
Federal Register Volume 83, Issue 210 (October 30, 2018)
| Page Range | 54632-54634 | |
| FR Document | 2018-23622 |
[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)] [Notices] [Pages 54632-54634] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23622] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-84478; File No. SR-ISE-2018-85] Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delete Current Rules on Arbitration, under Chapter 18 October 24, 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 October 9, 2018, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I, II, and III, below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to delete the current rules on arbitration (``Current Arbitration Rules''), under Chapter 18, and incorporate by reference The Nasdaq Stock Market LLC's (``Nasdaq'') rules on arbitration at General 6 (``Proposed Arbitration Rules''), into General 6 of the Exchange's rulebook's (``Rulebook'') shell structure.\3\ --------------------------------------------------------------------------- \3\ Recently, 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 GEMX, LLC; and Nasdaq MRX, LLC (``Affiliated Exchanges''). The shell structure currently contains eight (8) Chapters which, once complete, will apply a common set of rules to the Affiliated Exchanges. See Securities Exchange Act Release No. 82173 (November 29, 2017), 82 FR 57505 (December 5, 2017) (SR-ISE-2017-102). --------------------------------------------------------------------------- The text of the proposed rule change is available on the Exchange's website at http://ise.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 delete the rules on arbitration, currently under Chapter 18, and incorporate by reference the Nasdaq rules on arbitration at General 6 of Nasdaq's rulebook into General 6 of the Exchange's Rulebook. The Exchange adopted the Current Arbitration Rules to ensure a fair and efficient manner in which to handle any dispute, claim or controversy arising out of, or in connection with, the business of any Member of the Exchange. To help administer the process of dispute resolution, the Exchange and FINRA are parties to a Regulatory Contract, pursuant to which FINRA has agreed to perform certain functions and provide access to certain services, including: Member regulation and registration; non-real time market surveillance; examinations and investigations; and dispute resolution. FINRA currently operates the largest securities dispute resolution forum in the United States,\4\ and has given the Exchange access to [[Page 54633]] these services. Under the Current Arbitration Rules, Members and associated persons of a Member are subject to the FINRA Code of Arbitration Procedure. --------------------------------------------------------------------------- \4\ http://www.finra.org/arbitration-and-mediation. --------------------------------------------------------------------------- Because the Affiliated Exchanges are also parties to similar Regulatory Contracts with FINRA that make their members and associated persons of such members subject to the FINRA Code of Arbitration Procedure, the Exchange believes it is pertinent that a common set of rules on arbitration be included in the General section of the Rulebook's shell. Nasdaq completed this process recently \5\ and, pursuant to subsequent filings, the intention is to replace the existing arbitration rules for each of the Affiliated Exchanges by incorporating the Nasdaq rules on arbitration by reference. --------------------------------------------------------------------------- \5\ See Securities Exchange Act Release No. 83834 (August 13, 2018), 83 FR 41115 (August 17, 2018) (SR-NASDAQ-2018-067). --------------------------------------------------------------------------- Therefore, the Exchange will incorporate by reference the Proposed Arbitration Rules in ``General 6 Arbitration'' of the shell's ``General Rules'' section. The relocation and harmonization of the arbitration rules is part of the Exchange's continued effort to promote efficiency and conformity of its processes with those of its Affiliated Exchanges.\6\ The Exchange believes that the adoption and placement of the Proposed Arbitration Rules to their new location in the shell will facilitate the use of the Rulebook by Members of the Exchange who are members of other Affiliated Exchanges. Moreover, the proposed changes are of a conforming nature and will not amend the substance of the adopted rules other than to update the language to that of the Proposed Arbitration Rules, and to make conforming cross-reference changes. --------------------------------------------------------------------------- \6\ See footnote 3. --------------------------------------------------------------------------- ISE will continue to file proposed rule changes to amend its General 6 Rules until such time as it receives an exemption from the Securities and Exchange Commission, pursuant to its authority under Section 36 of the Exchange Act of 1934 (``Act'') and Rule 0-12 \7\ thereunder, from the Section 19(b) filing requirements to separately file a proposed rule change to amend General 6. --------------------------------------------------------------------------- \7\ See 17 CFR 240.0-12; Securities Exchange Act Release No. 39624 (February 5, 1998), 63 FR 8101 (February 18, 1998). --------------------------------------------------------------------------- 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)(5) of the Act,\9\ 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. The Exchange believes that the adoption and harmonization of the arbitration rules and cross-reference updates are of a non-substantive nature. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78f(b). \9\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- 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 are (i) of a non-substantive nature, (ii) intended to harmonize the structure of the Exchange's rules with those of its Affiliated Exchanges, and (iii) intended to organize the Rulebook in a way that it will ease the Members' navigation and reading of the rules across the Affiliated Exchanges. 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 \10\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\11\ --------------------------------------------------------------------------- \10\ 15 U.S.C. 78s(b)(3)(A)(iii). \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file 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. --------------------------------------------------------------------------- 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 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 CommentsUse 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-ISE-2018-85 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-ISE-2018-85. 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 [[Page 54634]] 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-ISE-2018-85 and should be submitted on or before November 20, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\12\ --------------------------------------------------------------------------- \12\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-23622 Filed 10-29-18; 8:45 am] BILLING CODE 8011-01-P
![54632 Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices
subparagraph (f)(6) of Rule 19b–4 Reference Room, 100 F Street NE, General 6 of the Exchange’s rulebook’s
thereunder.12 Washington, DC 20549, on official (‘‘Rulebook’’) shell structure.3
At any time within 60 days of the business days between the hours of 10 The text of the proposed rule change
filing of the proposed rule change, the a.m. and 3 p.m. Copies of the filing also is available on the Exchange’s website at
Commission summarily may will be available for inspection and http://ise.cchwallstreet.com/, at the
temporarily suspend such rule change if copying at the principal office of the principal office of the Exchange, and at
it appears to the Commission that such Exchange. All comments received will the Commission’s Public Reference
action is necessary or appropriate in the be posted without change. Persons Room.
public interest, for the protection of submitting comments are cautioned that II. Self-Regulatory Organization’s
investors, or otherwise in furtherance of we do not redact or edit personal Statement of the Purpose of, and
the purposes of the Act. If the identifying information from comment Statutory Basis for, the Proposed Rule
Commission takes such action, the submissions. You should submit only Change
Commission shall institute proceedings information that you wish to make
to determine whether the proposed rule available publicly. All submissions In its filing with the Commission, the
should be approved or disapproved. should refer to File Number SR–BX– Exchange included statements
2018–048 and should be submitted on concerning the purpose of and basis for
IV. Solicitation of Comments the proposed rule change and discussed
or before November 20, 2018.
Interested persons are invited to any comments it received on the
For the Commission, by the Division of proposed rule change. The text of these
submit written data, views, and Trading and Markets, pursuant to delegated
arguments concerning the foregoing, statements may be examined at the
authority.13
including whether the proposed rule places specified in Item IV below. The
Eduardo A. Aleman, Exchange has prepared summaries, set
change is consistent with the Act.
Assistant Secretary. forth in sections A, B, and C below, of
Comments may be submitted by any of
the following methods: [FR Doc. 2018–23620 Filed 10–29–18; 8:45 am] the most significant aspects of such
BILLING CODE 8011–01–P statements.
Electronic Comments
A. Self-Regulatory Organization’s
• Use the Commission’s internet Statement of the Purpose of, and
comment form (http://www.sec.gov/ SECURITIES AND EXCHANGE
COMMISSION Statutory Basis for, the Proposed Rule
rules/sro.shtml); or Change
• Send an email to rule-comments@
sec.gov. Please include File Number SR– [Release No. 34–84478; File No. SR–ISE– 1. Purpose
BX–2018–048 on the subject line. 2018–85] The Exchange proposes to delete the
Paper Comments rules on arbitration, currently under
Self-Regulatory Organizations; Nasdaq
Chapter 18, and incorporate by
• Send paper comments in triplicate ISE, LLC; Notice of Filing and
reference the Nasdaq rules on
to Secretary, Securities and Exchange Immediate Effectiveness of Proposed
arbitration at General 6 of Nasdaq’s
Commission, 100 F Street NE, Rule Change To Delete Current Rules rulebook into General 6 of the
Washington, DC 20549–1090. on Arbitration, under Chapter 18 Exchange’s Rulebook.
All submissions should refer to File October 24, 2018. The Exchange adopted the Current
Number SR–BX–2018–048. This file Arbitration Rules to ensure a fair and
Pursuant to Section 19(b)(1) of the efficient manner in which to handle any
number should be included on the
Securities Exchange Act of 1934 dispute, claim or controversy arising out
subject line if email is used. To help the
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 of, or in connection with, the business
Commission process and review your
notice is hereby given that on October of any Member of the Exchange. To help
comments more efficiently, please use
9, 2018, Nasdaq ISE, LLC (‘‘ISE’’ or administer the process of dispute
only one method. The Commission will
‘‘Exchange’’) filed with the Securities resolution, the Exchange and FINRA are
post all comments on the Commission’s
and Exchange Commission (‘‘SEC’’ or parties to a Regulatory Contract,
internet website (http://www.sec.gov/
‘‘Commission’’) the proposed rule pursuant to which FINRA has agreed to
rules/sro.shtml).
change as described in Items I, II, and perform certain functions and provide
Copies of the submission, all
III, below, which Items have been access to certain services, including:
subsequent amendments, all written
prepared by the Exchange. The Member regulation and registration;
statements with respect to the proposed
Commission is publishing this notice to non-real time market surveillance;
rule change that are filed with the
solicit comments on the proposed rule examinations and investigations; and
Commission, and all written
change from interested persons. dispute resolution. FINRA currently
communications relating to the
proposed rule change between the I. Self-Regulatory Organization’s operates the largest securities dispute
Commission and any person, other than Statement of the Terms of Substance of resolution forum in the United States,4
those that may be withheld from the the Proposed Rule Change and has given the Exchange access to
public in accordance with the
provisions of 5 U.S.C. 552, will be The Exchange proposes to delete the 3 Recently, the Exchange added a shell structure
available for website viewing and current rules on arbitration (‘‘Current to its Rulebook with the purpose of improving
Arbitration Rules’’), under Chapter 18, efficiency and readability and to align its rules
printing in the Commission’s Public closer to those of its five sister exchanges, The
khammond on DSK30JT082PROD with NOTICES
and incorporate by reference The Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq
12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Nasdaq Stock Market LLC’s (‘‘Nasdaq’’) PHLX LLC; Nasdaq GEMX, LLC; and Nasdaq MRX,
4(f)(6) requires a self-regulatory organization to give rules on arbitration at General 6 LLC (‘‘Affiliated Exchanges’’). The shell structure
the Commission written notice of its intent to file (‘‘Proposed Arbitration Rules’’), into currently contains eight (8) Chapters which, once
the proposed rule change at least five business days complete, will apply a common set of rules to the
prior to the date of filing of the proposed rule Affiliated Exchanges. See Securities Exchange Act
13 17 CFR 200.30–3(a)(12).
change, or such shorter time as designated by the Release No. 82173 (November 29, 2017), 82 FR
1 15 U.S.C. 78s(b)(1). 57505 (December 5, 2017) (SR–ISE–2017–102).
Commission. The Exchange has satisfied this
requirement. 2 17 CFR 240.19b–4. 4 http://www.finra.org/arbitration-and-mediation.
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![54634 Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices
identifying information from comment The text of the proposed rule change believes it is pertinent that a common
submissions. You should submit only is available on the Exchange’s website at set of rules on arbitration be included in
information that you wish to make http://nasdaqmrx.cchwallstreet.com/, at the General section of the Rulebook’s
available publicly. All submissions the principal office of the Exchange, and shell. Nasdaq completed this process
should refer to File Number SR–ISE– at the Commission’s Public Reference recently 5 and, pursuant to subsequent
2018–85 and should be submitted on or Room. filings, the intention is to replace the
before November 20, 2018. existing arbitration rules for each of the
II. Self-Regulatory Organization’s Affiliated Exchanges by incorporating
For the Commission, by the Division of Statement of the Purpose of, and
Trading and Markets, pursuant to delegated the Nasdaq rules on arbitration by
Statutory Basis for, the Proposed Rule reference.
authority.12
Change Therefore, the Exchange will
Eduardo A. Aleman,
Assistant Secretary. In its filing with the Commission, the incorporate by reference the Proposed
Exchange included statements Arbitration Rules in ‘‘General 6
[FR Doc. 2018–23622 Filed 10–29–18; 8:45 am]
concerning the purpose of and basis for Arbitration’’ of the shell’s ‘‘General
BILLING CODE 8011–01–P
the proposed rule change and discussed Rules’’ section.
any comments it received on the The relocation and harmonization of
proposed rule change. The text of these the arbitration rules is part of the
SECURITIES AND EXCHANGE
statements may be examined at the Exchange’s continued effort to promote
COMMISSION
places specified in Item IV below. The efficiency and conformity of its
[Release No. 34–84479; File No. SR–MRX– Exchange has prepared summaries, set processes with those of its Affiliated
2018–32] forth in sections A, B, and C below, of Exchanges.6 The Exchange believes that
the most significant aspects of such the adoption and placement of the
Self-Regulatory Organizations; Nasdaq Proposed Arbitration Rules to their new
MRX, LLC; Notice of Filing and statements.
location in the shell will facilitate the
Immediate Effectiveness of Proposed A. Self-Regulatory Organization’s use of the Rulebook by Members of the
Rule Change To Delete Current Rules Statement of the Purpose of, and Exchange who are members of other
on Arbitration, Under Chapter 18 Statutory Basis for, the Proposed Rule Affiliated Exchanges. Moreover, the
Change proposed changes are of a conforming
October 24, 2018.
Pursuant to Section 19(b)(1) of the 1. Purpose nature and will not amend the
Securities Exchange Act of 1934 substance of the adopted rules other
The Exchange proposes to delete the than to update the language to that of
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 rules on arbitration, currently under
notice is hereby given that on October the Proposed Arbitration Rules, and to
Chapter 18, and incorporate by make conforming cross-reference
9, 2018, Nasdaq MRX, LLC (‘‘MRX’’ or reference the Nasdaq rules on
‘‘Exchange’’) filed with the Securities changes.
arbitration at General 6 of Nasdaq’s MRX will continue to file proposed
and Exchange Commission (‘‘SEC’’ or rulebook into General 6 of the
‘‘Commission’’) the proposed rule rule changes to amend its General 6
Exchange’s Rulebook. Rules until such time as it receives an
change as described in Items I, II, and The Exchange adopted the Current
III, below, which Items have been exemption from the Securities and
Arbitration Rules to ensure a fair and Exchange Commission, pursuant to its
prepared by the Exchange. The efficient manner in which to handle any
Commission is publishing this notice to authority under Section 36 of the
dispute, claim or controversy arising out Exchange Act of 1934 (‘‘Act’’) and Rule
solicit comments on the proposed rule of, or in connection with, the business
change from interested persons. 0–12 7 thereunder, from the Section
of any Member of the Exchange. To help 19(b) filing requirements to separately
I. Self-Regulatory Organization’s administer the process of dispute file a proposed rule change to amend
Statement of the Terms of Substance of resolution, the Exchange and FINRA are General 6.
the Proposed Rule Change parties to a Regulatory Contract,
pursuant to which FINRA has agreed to 2. Statutory Basis
The Exchange proposes to delete the
perform certain functions and provide The Exchange believes that its
current rules on arbitration (‘‘Current
access to certain services, including: proposal is consistent with Section 6(b)
Arbitration Rules’’), under Chapter 18,
member regulation and registration; of the Act,8 in general, and furthers the
and incorporate by reference The
non-real time market surveillance; objectives of Section 6(b)(5) of the Act,9
Nasdaq Stock Market LLC’s (‘‘Nasdaq’’)
examinations and investigations; and in particular, in that it is designed to
rules on arbitration at General 6
dispute resolution. FINRA currently promote just and equitable principles of
(‘‘Proposed Arbitration Rules’’), into
operates the largest securities dispute trade, to remove impediments to and
General 6 of the Exchange’s rulebook’s
resolution forum in the United States,4 perfect the mechanism of a free and
(‘‘Rulebook’’) shell structure.3
and has given the Exchange access to open market and a national market
12 17 CFR 200.30–3(a)(12).
these services. Under the Current system, and, in general to protect
1 15 U.S.C. 78s(b)(1). Arbitration Rules, Members and investors and the public interest, by
2 17 CFR 240.19b–4. associated persons of a Member are promoting efficiency and structural
3 Recently, the Exchange added a shell structure subject to the FINRA Code of conformity of the Exchange’s processes
to its Rulebook with the purpose of improving Arbitration Procedure.
efficiency and readability and to align its rules
khammond on DSK30JT082PROD with NOTICES
Because the Affiliated Exchanges are 5 See Securities Exchange Act Release No. 83834
closer to those of its five sister exchanges, The
Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq also parties to similar Regulatory (August 13, 2018), 83 FR 41115 (August 17, 2018)
Contracts with FINRA that make their (SR–NASDAQ–2018–067).
PHLX LLC; Nasdaq ISE, LLC; and Nasdaq GEMX, 6 See footnote 3.
LLC (‘‘Affiliated Exchanges’’). The shell structure members and associated persons of such 7 See 17 CFR 240.0–12; Securities Exchange Act
currently contains eight (8) Chapters which, once members subject to the FINRA Code of
complete, will apply a common set of rules to the Release No. 39624 (February 5, 1998), 63 FR 8101
Affiliated Exchanges. See Securities Exchange Act Arbitration Procedure, the Exchange (February 18, 1998).
8 15 U.S.C. 78f(b).
Release No. 82172 (November 29, 2017), 82 FR
57495 (December 5, 2017) (SR–MRX–2017–26). 4 http://www.finra.org/arbitration-and-mediation. 9 15 U.S.C. 78f(b)(5).
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Document Created: 2018-10-30 00:43:30
Document Modified: 2018-10-30 00:43:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 54632 |
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