83_FR_57108 83 FR 56888 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Derivative Securities Traded Under Unlisted Trading Privileges

83 FR 56888 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Derivative Securities Traded Under Unlisted Trading Privileges

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56888-56890
FR Document2018-24733

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56888-56890]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24733]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84546; File No. SR-BX-2018-051]


Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Relating to 
Derivative Securities Traded Under Unlisted Trading Privileges

November 7, 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 26, 2018, Nasdaq BX, Inc. (``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.
---------------------------------------------------------------------------

    \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 amend the Exchange's Rule 4421 related to 
derivative securities traded under unlisted trading privileges 
(``UTP'') to: (i) Remove the requirement in Rule 4421(a)(1) for the 
Exchange to file with the Commission a Form 19b-4(e) for each ``new 
derivative securities product'' as defined in Rule 19b-4(e) under the 
Act \3\ (``Derivative Security'') traded under UTP; (ii) add a word 
that was inadvertently omitted in the previous version of Rule 
4421(a)(2); and (iii) renumber the remaining provisions of Rule 4421(a) 
to maintain an organized rule structure. The Exchange has designated 
this rule change as ``non-controversial'' under Section 19(b)(3)(A) of 
the Act \4\ and provided the Commission with the notice required by 
Rule 19b-4(f)(6) thereunder.\5\
---------------------------------------------------------------------------

    \3\ 17 CFR 240.19b-4(e).
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6).
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    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqbx.cchwallstreet.com/, at the principal office 
of the Exchange, and

[[Page 56889]]

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 purpose of the proposed rule change is to amend Rule 4421 
related to derivative securities traded under UTP by: (i) Removing the 
requirement in Rule 4421(a)(1) for the Exchange to file with the 
Commission a Form 19b-4(e) for each Derivative Security; (ii) adding a 
word that was inadvertently omitted in the previous version of Rule 
4421(a)(2); and (iii) renumbering the remaining rules of Rule 4421(a) 
to maintain an organized rule structure, as described below.
    Rule 4421(a)(1) sets forth the requirement for the Exchange to file 
with the Commission a Form 19b-4(e) with respect to each Derivative 
Security that is traded under UTP. However, the Exchange believes that 
it should not be necessary to file a Form 19b-4(e) with the Commission 
if it begins trading a Derivative Security on a UTP basis because Rule 
19b-4(e)(1) under the Act refers to the ``listing and trading'' of a 
``new derivative securities product.'' The Exchange believes that the 
requirements of that Rule refer to when an exchange lists and trades a 
Derivative Security, and not when an exchange seeks only to trade such 
product on a UTP basis pursuant to Rule 12f-2 under the Act.\6\ 
Therefore, the Exchange proposes to delete the requirement in current 
Rule 4421(a)(1) for the Exchange to file a Form 19b-4(e) with the 
Commission with respect to each Derivative Security it begins trading 
on a UTP basis.
---------------------------------------------------------------------------

    \6\ 17 CFR 240.12f-2.
---------------------------------------------------------------------------

    Rule 4421(a)(2) sets forth the requirement for the Exchange to 
distribute an information circular prior to the commencement of trading 
a Derivative Security on a UTP basis. The Exchange proposes to add a 
``the'' that was inadvertently omitted in the previous version of 
clause (c) of Rule 4421(a)(2) to enhance the readability of the Rule. 
This change is not substantive.
    Lastly, as a result of the deletion of current Rule 4421(a)(1), the 
Exchange proposes to renumber current Rules 4421(a)(2)-(6), as Rules 
4421(a)(1)-(5) respectively.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6(b) \7\ of the Act, in general, and 
furthers the objectives of Section 6(b)(5) of the Act \8\ in 
particular, in that it is designed to prevent fraudulent and 
manipulative acts and practices, 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. Specifically, 
eliminating the requirement to file a Form 19b-4(e) for each Derivative 
Security is consistent with the Act because the regulatory requirement 
was not intended to apply in the context of Derivative Securities 
trading on a UTP basis. The proposal, moreover, will provide for a more 
efficient process for adding Derivative Securities to trading on the 
Exchange on a UTP basis.
---------------------------------------------------------------------------

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

    In addition, the Exchange notes that the Commission recently 
approved a substantially identical proposed rule change filed by NYSE 
National, Inc. (``NYSE National'').\9\ In particular, the Commission 
noted in the NYSE National Approval Order that it ``believes that the 
filing of a Form 19b-4(e) is not required when an Exchange is trading a 
new derivative securities product on a UTP basis only'' \10\ and it 
also found that the NYSE National's proposed rule change was 
``consistent with the requirements of Section 6(b)(5) of the Act.'' 
\11\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 34-83289 (May 17, 
2018), 83 FR 23968 (May 23, 2018) (Order Approving File No. SR-
NYSENAT-2018-02) (the ``NYSE National Approval Order'').
    \10\ See supra note 9, at 23975, n.149.
    \11\ See supra note 9 at page 23975-6.
---------------------------------------------------------------------------

    With respect to the addition of a ``the'' that was inadvertently 
omitted in the previous version of clause (c) of Rule 4421(a)(2), the 
Exchange believes that this change is consistent with the Act because 
it will improve the readability and clarity of the Rule. This change is 
not substantive.
    Lastly, the Exchange believes that renumbering the current Rules 
4421(a)(2)-(6) as Rules 4421(a)(1)-(5) is consistent with the Act 
because it will allow the Exchange to maintain a clear and organized 
rule structure, thus preventing investor confusion.
    For these reasons, the Exchange believes the proposed rule change 
is consistent with the requirements of Section 6(b)(5) of the Act.\12\
---------------------------------------------------------------------------

    \12\ See supra note 8.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. To the contrary, 
removing the requirement to file a Form 19b-4(e) will serve to enhance 
competition by providing for the efficient addition of Derivative 
Securities for trading under UTP on the Exchange. To the extent that a 
competitor marketplace believes that the proposed rule change places it 
at a competitive disadvantage, it may file with the Commission a 
proposed rule change to adopt the same or similar rule.
    In addition, the proposal to add a ``the'' that was inadvertently 
omitted in the previous version of clause (c) of Rule 4421(a)(2) does 
not impact competition in any respect since it merely corrects a non-
substantive rule text error.
    Lastly, the proposal to renumber the current Rules 4421(a)(2)-(6) 
as Rules 4421(a)(1)-(5) does not impact competition in any respect 
since it merely maintains a clear and organized rule structure.

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 proposed rule change does not: (i) Significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; or (iii) become operative prior to 
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

[[Page 56890]]

Section 19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) 
thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 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.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. Waiving the 30-day delay would permit the Exchange to more 
efficiently add Derivative Securities to the Exchange under UTP without 
the unnecessary requirement to file a 19b-4(e) with the Commission. The 
Commission also notes that because the Exchange is adopting a rule that 
is substantially identical to a similar NYSE National rule, the 
proposed change does not present any new or novel issues. Thus, the 
Commission believes that waiver of the 30-day operative delay is 
consistent with the protection of investors and the public interest and 
hereby waives the 30-day operative delay and designates the proposed 
rule change to be operative upon filing.\15\
---------------------------------------------------------------------------

    \15\ 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 necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

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-BX-2018-051 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-BX-2018-051. 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-BX-2018-051 and should be submitted on 
or before December 5, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-24733 Filed 11-13-18; 8:45 am]
 BILLING CODE 8011-01-P



     56888                    Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

     recommendations to the appointing                       to negotiated service agreement(s). The                 This Notice will be published in the
     authority regarding the performance of                  request(s) may propose the addition or                Federal Register.
     the senior executive.                                   removal of a negotiated service                       Stacy L. Ruble,
       The following have been designated                    agreement from the market dominant or                 Secretary.
     as members of the Performance Review                    the competitive product list, or the                  [FR Doc. 2018–24725 Filed 11–13–18; 8:45 am]
     Board of the U.S. Office of Personnel                   modification of an existing product                   BILLING CODE 7710–FW–P
     Management:                                             currently appearing on the market
     Michael Rigas, Deputy Director, Chair                   dominant or the competitive product
     Kathleen McGettigan, Chief                              list.                                                 SECURITIES AND EXCHANGE
       Management Officer                                       Section II identifies the docket
                                                                                                                   COMMISSION
     Andrea Bright, Chief Human Capital
                                                             number(s) associated with each Postal                 [Release No. 34–84546; File No. SR–BX–
       Officer                                                                                                     2018–051]
                                                             Service request, the title of each Postal
     Mark Reinhold, Associate Director for
       Employee Services                                     Service request, the request’s acceptance
                                                                                                                   Self-Regulatory Organizations; Nasdaq
     Dennis Coleman, Chief Financial Officer                 date, and the authority cited by the
                                                                                                                   BX, Inc.; Notice of Filing and
     Charles Phalen, National Background                     Postal Service for each request. For each
                                                                                                                   Immediate Effectiveness of Proposed
       Investigations Bureau Director                        request, the Commission appoints an                   Rule Change Relating to Derivative
     Kenneth Zawodny, Associate Director                     officer of the Commission to represent                Securities Traded Under Unlisted
       for Retirement Services                               the interests of the general public in the            Trading Privileges
     Alan Spielman, Healthcare and                           proceeding, pursuant to 39 U.S.C. 505
       Insurance Director                                    (Public Representative). Section II also              November 7, 2018.
                                                             establishes comment deadline(s)                          Pursuant to Section 19(b)(1) of the
     Office of Personnel Management.
                                                             pertaining to each request.                           Securities Exchange Act of 1934
     Alexys Stanley,                                                                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2
     Regulatory Affairs Analyst.                                The public portions of the Postal
                                                                                                                   notice is hereby given that on October
     [FR Doc. 2018–24724 Filed 11–13–18; 8:45 am]            Service’s request(s) can be accessed via              26, 2018, Nasdaq BX, Inc. (‘‘Exchange’’)
     BILLING CODE 6325–45–P
                                                             the Commission’s website (http://                     filed with the Securities and Exchange
                                                             www.prc.gov). Non-public portions of                  Commission (‘‘Commission’’) the
                                                             the Postal Service’s request(s), if any,              proposed rule change as described in
     POSTAL REGULATORY COMMISSION                            can be accessed through compliance                    Items I and II below, which Items have
                                                             with the requirements of 39 CFR                       been prepared by the Exchange. The
     [Docket Nos. MC2019–11 and CP2019–10]                   3007.301.1                                            Commission is publishing this notice to
     New Postal Product                                         The Commission invites comments on                 solicit comments on the proposed rule
                                                             whether the Postal Service’s request(s)               change from interested persons.
     AGENCY:   Postal Regulatory Commission.                 in the captioned docket(s) are consistent             I. Self-Regulatory Organization’s
     ACTION:   Notice.                                       with the policies of title 39. For                    Statement of the Terms of Substance of
                                                             request(s) that the Postal Service states             the Proposed Rule Change
     SUMMARY:   The Commission is noticing a                 concern market dominant product(s),
     recent Postal Service filing for the                                                                             The Exchange proposes to amend the
                                                             applicable statutory and regulatory                   Exchange’s Rule 4421 related to
     Commission’s consideration concerning
                                                             requirements include 39 U.S.C. 3622, 39               derivative securities traded under
     a negotiated service agreement. This
     notice informs the public of the filing,                U.S.C. 3642, 39 CFR part 3010, and 39                 unlisted trading privileges (‘‘UTP’’) to:
     invites public comment, and takes other                 CFR part 3020, subpart B. For request(s)              (i) Remove the requirement in Rule
     administrative steps.                                   that the Postal Service states concern                4421(a)(1) for the Exchange to file with
                                                             competitive product(s), applicable                    the Commission a Form 19b–4(e) for
     DATES: Comments are due: November
                                                             statutory and regulatory requirements                 each ‘‘new derivative securities
     15, 2018.
                                                             include 39 U.S.C. 3632, 39 U.S.C. 3633,               product’’ as defined in Rule 19b–4(e)
     ADDRESSES: Submit comments
                                                             39 U.S.C. 3642, 39 CFR part 3015, and                 under the Act 3 (‘‘Derivative Security’’)
     electronically via the Commission’s                     39 CFR part 3020, subpart B. Comment                  traded under UTP; (ii) add a word that
     Filing Online system at http://
                                                             deadline(s) for each request appear in                was inadvertently omitted in the
     www.prc.gov. Those who cannot submit
                                                             section II.                                           previous version of Rule 4421(a)(2); and
     comments electronically should contact
                                                                                                                   (iii) renumber the remaining provisions
     the person identified in the FOR FURTHER                II. Docketed Proceeding(s)                            of Rule 4421(a) to maintain an organized
     INFORMATION CONTACT section by
                                                               1. Docket No(s).: MC2019–11 and                     rule structure. The Exchange has
     telephone for advice on filing
                                                             CP2019–10; Filing Title: USPS Request                 designated this rule change as ‘‘non-
     alternatives.
                                                             to Add Priority Mail Contract 472 to                  controversial’’ under Section 19(b)(3)(A)
     FOR FURTHER INFORMATION CONTACT:                                                                              of the Act 4 and provided the
                                                             Competitive Product List and Notice of
     David A. Trissell, General Counsel, at                                                                        Commission with the notice required by
     202–789–6820.                                           Filing Materials Under Seal; Filing
                                                                                                                   Rule 19b–4(f)(6) thereunder.5
                                                             Acceptance Date: November 6, 2018;                       The text of the proposed rule change
     SUPPLEMENTARY INFORMATION:
                                                             Filing Authority: 39 U.S.C. 3642, 39 CFR              is available on the Exchange’s website at
     Table of Contents                                       3020.30 et seq., and 39 CFR 3015.5;                   http://nasdaqbx.cchwallstreet.com/, at
     I. Introduction                                         Public Representative: Curtis E. Kidd;                the principal office of the Exchange, and
     II. Docketed Proceeding(s)                              Comments Due: November 15, 2018.
                                                                                                                     1 15 U.S.C. 78s(b)(1).
     I. Introduction
                                                               1 See                                                 2 17 CFR 240.19b–4.
                                                                    Docket No. RM2018–3, Order Adopting
       The Commission gives notice that the                  Final Rules Relating to Non-Public Information,         3 17 CFR 240.19b–4(e).

     Postal Service filed request(s) for the                 June 27, 2018, Attachment A at 19–22 (Order No.         4 15 U.S.C. 78s(b)(3)(A).

     Commission to consider matters related                  4679).                                                  5 17 CFR 240.19b–4(f)(6).




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                               Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                           56889

     at the Commission’s Public Reference                     to the commencement of trading a                         Lastly, the Exchange believes that
     Room.                                                    Derivative Security on a UTP basis. The               renumbering the current Rules
                                                              Exchange proposes to add a ‘‘the’’ that               4421(a)(2)–(6) as Rules 4421(a)(1)–(5) is
     II. Self-Regulatory Organization’s
                                                              was inadvertently omitted in the                      consistent with the Act because it will
     Statement of the Purpose of, and
                                                              previous version of clause (c) of Rule                allow the Exchange to maintain a clear
     Statutory Basis for, the Proposed Rule                   4421(a)(2) to enhance the readability of              and organized rule structure, thus
     Change                                                   the Rule. This change is not substantive.             preventing investor confusion.
       In its filing with the Commission, the                   Lastly, as a result of the deletion of
                                                                                                                       For these reasons, the Exchange
     Exchange included statements                             current Rule 4421(a)(1), the Exchange
                                                                                                                    believes the proposed rule change is
     concerning the purpose of and basis for                  proposes to renumber current Rules
                                                              4421(a)(2)–(6), as Rules 4421(a)(1)–(5)               consistent with the requirements of
     the proposed rule change and discussed
                                                              respectively.                                         Section 6(b)(5) of the Act.12
     any comments it received on the
     proposed rule change. The text of these                  2. Statutory Basis                                    B. Self-Regulatory Organization’s
     statements may be examined at the                                                                              Statement on Burden on Competition
     places specified in Item IV below. The                      The Exchange believes that the
     Exchange has prepared summaries, set                     proposed rule change is consistent with                  The Exchange does not believe that
     forth in sections A, B, and C below, of                  the provisions of Section 6(b) 7 of the               the proposed rule change will result in
     the most significant aspects of such                     Act, in general, and furthers the                     any burden on competition that is not
     statements.                                              objectives of Section 6(b)(5) of the Act 8            necessary or appropriate in furtherance
                                                              in particular, in that it is designed to              of the purposes of the Act. To the
     A. Self-Regulatory Organization’s                        prevent fraudulent and manipulative                   contrary, removing the requirement to
     Statement of the Purpose of, and                         acts and practices, to promote just and               file a Form 19b–4(e) will serve to
     Statutory Basis for, the Proposed Rule                   equitable principles of trade, to remove              enhance competition by providing for
     Change                                                   impediments to and perfect the                        the efficient addition of Derivative
     1. Purpose                                               mechanism of a free and open market                   Securities for trading under UTP on the
                                                              and a national market system, and, in                 Exchange. To the extent that a
        The purpose of the proposed rule                      general, to protect investors and the                 competitor marketplace believes that the
     change is to amend Rule 4421 related to                  public interest. Specifically, eliminating            proposed rule change places it at a
     derivative securities traded under UTP                   the requirement to file a Form 19b–4(e)               competitive disadvantage, it may file
     by: (i) Removing the requirement in                      for each Derivative Security is
     Rule 4421(a)(1) for the Exchange to file                                                                       with the Commission a proposed rule
                                                              consistent with the Act because the                   change to adopt the same or similar
     with the Commission a Form 19b–4(e)                      regulatory requirement was not
     for each Derivative Security; (ii) adding                                                                      rule.
                                                              intended to apply in the context of
     a word that was inadvertently omitted                    Derivative Securities trading on a UTP                   In addition, the proposal to add a
     in the previous version of Rule                          basis. The proposal, moreover, will                   ‘‘the’’ that was inadvertently omitted in
     4421(a)(2); and (iii) renumbering the                    provide for a more efficient process for              the previous version of clause (c) of
     remaining rules of Rule 4421(a) to                       adding Derivative Securities to trading               Rule 4421(a)(2) does not impact
     maintain an organized rule structure, as                 on the Exchange on a UTP basis.                       competition in any respect since it
     described below.                                            In addition, the Exchange notes that               merely corrects a non-substantive rule
        Rule 4421(a)(1) sets forth the                        the Commission recently approved a                    text error.
     requirement for the Exchange to file                     substantially identical proposed rule                    Lastly, the proposal to renumber the
     with the Commission a Form 19b–4(e)                      change filed by NYSE National, Inc.                   current Rules 4421(a)(2)–(6) as Rules
     with respect to each Derivative Security                 (‘‘NYSE National’’).9 In particular, the              4421(a)(1)–(5) does not impact
     that is traded under UTP. However, the                   Commission noted in the NYSE                          competition in any respect since it
     Exchange believes that it should not be                  National Approval Order that it                       merely maintains a clear and organized
     necessary to file a Form 19b–4(e) with                   ‘‘believes that the filing of a Form 19b–             rule structure.
     the Commission if it begins trading a                    4(e) is not required when an Exchange
     Derivative Security on a UTP basis                       is trading a new derivative securities                C. Self-Regulatory Organization’s
     because Rule 19b–4(e)(1) under the Act                   product on a UTP basis only’’ 10 and it               Statement on Comments on the
     refers to the ‘‘listing and trading’’ of a               also found that the NYSE National’s                   Proposed Rule Change Received From
     ‘‘new derivative securities product.’’                   proposed rule change was ‘‘consistent                 Members, Participants, or Others
     The Exchange believes that the                           with the requirements of Section 6(b)(5)
                                                                                                                      No written comments were either
     requirements of that Rule refer to when                  of the Act.’’ 11
                                                                                                                    solicited or received.
     an exchange lists and trades a Derivative                   With respect to the addition of a ‘‘the’’
     Security, and not when an exchange                       that was inadvertently omitted in the                 III. Date of Effectiveness of the
     seeks only to trade such product on a                    previous version of clause (c) of Rule                Proposed Rule Change and Timing for
     UTP basis pursuant to Rule 12f–2 under                   4421(a)(2), the Exchange believes that                Commission Action
     the Act.6 Therefore, the Exchange                        this change is consistent with the Act
     proposes to delete the requirement in                    because it will improve the readability                  Because the proposed rule change
     current Rule 4421(a)(1) for the Exchange                 and clarity of the Rule. This change is               does not: (i) Significantly affect the
     to file a Form 19b–4(e) with the                         not substantive.                                      protection of investors or the public
     Commission with respect to each                                                                                interest; (ii) impose any significant
     Derivative Security it begins trading on                   7 15  U.S.C. 78f(b).                                burden on competition; or (iii) become
     a UTP basis.                                               8 15  U.S.C. 78f(b)(5).                             operative prior to 30 days from the date
        Rule 4421(a)(2) sets forth the
                                                                 9 See Securities Exchange Act Release No. 34–
                                                                                                                    on which it was filed, or such shorter
                                                              83289 (May 17, 2018), 83 FR 23968 (May 23, 2018)      time as the Commission may designate,
     requirement for the Exchange to                          (Order Approving File No. SR–NYSENAT–2018–02)
     distribute an information circular prior                 (the ‘‘NYSE National Approval Order’’).               it has become effective pursuant to
                                                                 10 See supra note 9, at 23975, n.149.
       6 17   CFR 240.12f–2.                                     11 See supra note 9 at page 23975–6.                 12 See   supra note 8.



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     56890                     Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

     Section 19(b)(3)(A) of the Act 13 and                     All submissions should refer to File                 Arca’’ or ‘‘Exchange’’) filed with the
     Rule 19b–4(f)(6) thereunder.14                            Number SR–BX–2018–051. This file                     Securities and Exchange Commission
        The Exchange has asked the                             number should be included on the                     (‘‘SEC’’ or ‘‘Commission’’) the proposed
     Commission to waive the 30-day                            subject line if email is used. To help the           rule change as described in Items I, II,
     operative delay so that the proposal may                  Commission process and review your                   and III below, which Items have been
     become operative immediately upon                         comments more efficiently, please use                prepared by the Exchange. The
     filing. Waiving the 30-day delay would                    only one method. The Commission will                 Commission is publishing this notice to
     permit the Exchange to more efficiently                   post all comments on the Commission’s                solicit comments on the proposed rule
     add Derivative Securities to the                          internet website (http://www.sec.gov/                change from interested persons.
     Exchange under UTP without the                            rules/sro.shtml). Copies of the
     unnecessary requirement to file a 19b–                    submission, all subsequent                           I. Self-Regulatory Organization’s
     4(e) with the Commission. The                             amendments, all written statements                   Statement of the Terms of Substance of
     Commission also notes that because the                    with respect to the proposed rule                    the Proposed Rule Change
     Exchange is adopting a rule that is                       change that are filed with the                          The Exchange proposes to amend
     substantially identical to a similar NYSE                 Commission, and all written                          Rule 7.44–E, which sets forth the
     National rule, the proposed change does                   communications relating to the                       Exchange’s Retail Liquidity Program.
     not present any new or novel issues.                      proposed rule change between the                     The proposed change is available on the
     Thus, the Commission believes that                        Commission and any person, other than                Exchange’s website at www.nyse.com, at
     waiver of the 30-day operative delay is                   those that may be withheld from the                  the principal office of the Exchange, and
     consistent with the protection of                         public in accordance with the                        at the Commission’s Public Reference
     investors and the public interest and                     provisions of 5 U.S.C. 552, will be                  Room.
     hereby waives the 30-day operative                        available for website viewing and
     delay and designates the proposed rule                    printing in the Commission’s Public                  II. Self-Regulatory Organization’s
     change to be operative upon filing.15                     Reference Room, 100 F Street NE,                     Statement of the Purpose of, and
        At any time within 60 days of the                      Washington, DC 20549 on official                     Statutory Basis for, the Proposed Rule
     filing of the proposed rule change, the                   business days between the hours of                   Change
     Commission summarily may                                  10:00 a.m. and 3:00 p.m. Copies of the                  In its filing with the Commission, the
     temporarily suspend such rule change if                   filing also will be available for                    self-regulatory organization included
     it appears to the Commission that such                    inspection and copying at the principal              statements concerning the purpose of,
     action is necessary or appropriate in the                 office of the Exchange. All comments                 and basis for, the proposed rule change
     public interest, for the protection of                    received will be posted without change.              and discussed any comments it received
     investors, or otherwise in furtherance of                 Persons submitting comments are                      on the proposed rule change. The text
     the purposes of the Act.                                  cautioned that we do not redact or edit              of those statements may be examined at
     IV. Solicitation of Comments                              personal identifying information from                the places specified in Item IV below.
                                                               comment submissions. You should                      The Exchange has prepared summaries,
       Interested persons are invited to                       submit only information that you wish                set forth in sections A, B, and C below,
     submit written data, views, and                           to make available publicly. All                      of the most significant parts of such
     arguments concerning the foregoing,                       submissions should refer to File                     statements.
     including whether the proposed rule                       Number SR–BX–2018–051 and should
     change is consistent with the Act.                        be submitted on or before December 5,                A. Self-Regulatory Organization’s
     Comments may be submitted by any of                       2018.                                                Statement of the Purpose of, and
     the following methods:                                                                                         Statutory Basis for, the Proposed Rule
                                                                 For the Commission, by the Division of             Change
     Electronic Comments                                       Trading and Markets, pursuant to delegated
                                                               authority.16                                         1. Purpose
       • Use the Commission’s internet
                                                               Eduardo A. Aleman,                                      The Exchange proposes to amend
     comment form (http://www.sec.gov/
     rules/sro.shtml); or                                      Assistant Secretary.                                 Rule 7.44–E, which sets forth the
       • Send an email to rule-comments@                       [FR Doc. 2018–24733 Filed 11–13–18; 8:45 am]         Exchange’s Retail Liquidity Program
     sec.gov. Please include File Number SR–                   BILLING CODE 8011–01–P                               (the ‘‘Program’’), to: (i) Expand the
     BX–2018–051 on the subject line.                                                                               Program’s availability to all securities
                                                                                                                    traded on the Exchange; (ii) remove
     Paper Comments                                            SECURITIES AND EXCHANGE                              unused functionality by eliminating the
       • Send paper comments in triplicate                     COMMISSION                                           Type 2—Retail Order and no longer
     to Secretary, Securities and Exchange                     [Release No. 34–84547; File No. SR–                  permit Retail Price Improvement Orders
     Commission, 100 F Street NE,                              NYSEARCA–2018–77]                                    (‘‘RPI’’) to be designated as a Mid-Point
     Washington, DC 20549–1090.                                                                                     Liquidity (‘‘MPL’’) Order; 3 and (iii) offer
                                                               Self-Regulatory Organizations; NYSE                  additional functionality to RPI Orders
       13 15  U.S.C. 78s(b)(3)(A).                             Arca, Inc.; Notice of Filing of Proposed             by allowing them to include an optional
        14 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                               Rule Change To Amend Rule 7.44–E                     offset.
     4(f)(6)(iii) requires a self-regulatory organization to
     give the Commission written notice of its intent to                                                               The Exchange established the
                                                               November 7, 2018.
     file the proposed rule change, along with a brief                                                              Program to attract retail order flow to
                                                                  Pursuant to Section 19(b)(1) of the
     description and text of the proposed rule change,                                                              the Exchange, and allow such order
     at least five business days prior to the date of filing   Securities Exchange Act of 1934
                                                                                                                    flow to receive potential price
     of the proposed rule change, or such shorter time         (‘‘Act’’),1 and Rule 19b–4 thereunder,2
     as designated by the Commission. The Exchange                                                                  improvement.4 The Program is currently
                                                               notice is hereby given that on October
     has satisfied this requirement.
        15 For purposes only of waiving the 30-day
                                                               26, 2018, NYSE Arca, Inc. (‘‘NYSE                      3 Rule  7.31–E(d)(3).
     operative delay, the Commission has also                                                                         4 See Securities Exchange Act Release No. 71176
                                                                 16 17 CFR 200.30–3(a)(12).
     considered the proposed rule’s impact on                                                                       (December 23, 2013), 78 FR 79524 (December 30,
                                                                 1 15 U.S.C. 78s(b)(1).
     efficiency, competition, and capital formation. See                                                            2013) (SR–NYSEArca–2013–107) (‘‘RLP Approval
     15 U.S.C. 78c(f).                                           2 17 CFR 240.19b–4.                                Order’’).



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Document Created: 2018-11-14 03:31:38
Document Modified: 2018-11-14 03:31:38
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 56888 

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