83 FR 57765 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend General 8 of the Exchange's Rules

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 222 (November 16, 2018)

Page Range		57765-57767
FR Document		2018-25029
Federal Register, Volume 83 Issue 222 (Friday, November 16, 2018)
[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Notices]
[Pages 57765-57767]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25029]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84569; File No. SR-MRX-2018-33]


Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend General 8 
of the Exchange's Rules

November 9, 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 29, 2018, Nasdaq MRX, LLC (``MRX'' 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.
---------------------------------------------------------------------------

    \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 amend General 8 of the Exchange's Rules, 
as described below.
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqmrx.cchwallstreet.com/, at the principal office 
of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend General 8 of its Rules, which govern 
the provision by the Exchange of colocation, connectivity, and direct 
connectivity services and related products, and which set forth the 
fees that the Exchange charges for those products and services, to: (1) 
Clarify that all of the products and services set forth in General 8 
are shared among the Nasdaq Inc. affiliated exchanges--The Nasdaq Stock 
Market LLC, Nasdaq BX, Inc., Nasdaq PHLX LLC, Nasdaq ISE, LLC, Nasdaq 
MRX, LLC, and Nasdaq GEMX, LLC (collectively, the ``Nasdaq, Inc. 
Exchanges'')--meaning that a firm need only purchase these products and 
services once to be able to use them to connect to all of the Nasdaq, 
Inc. Exchanges to which the firm is otherwise entitled to connect, and 
to receive the third party services and market data feeds that it is 
otherwise entitled to receive; and (2) make other non-substantive 
changes that will further the objective of harmonizing General 8 with 
parallel rules that exist among the other Nasdaq, Inc. Exchanges.\3\
---------------------------------------------------------------------------

    \3\ The other Nasdaq, Inc. Exchanges plan to file similar 
proposals in the near future.
---------------------------------------------------------------------------

    The Nasdaq, Inc. Exchanges offer colocation, connectivity, and 
direct connectivity services and related products to their customers on 
a shared basis, meaning that a customer may utilize these products and 
services to gain access to any or all of the Nasdaq, Inc. Exchanges to 
which they are otherwise entitled to receive access under the Rules. 
The Nasdaq, Inc. Exchanges only charge customers once for these shared 
products and services, even to the extent that customers use the 
products and services to connect to more than one of the Nasdaq, Inc. 
Exchanges. For example, a firm that is a member or member organization, 
as applicable, of all six Nasdaq, Inc. Exchanges, and which co-locates 
its servers in the Nasdaq Data Center by purchasing a 10 GB fiber 
connection, cabinet space, cooling fans, and patch cables, only needs 
to purchase these products and services once to use them to connect to 
all six Nasdaq, Inc. Exchanges.
    Likewise, the Rules were intended to provide for connectivity to 
third-party services and market data feeds on a shared basis, meaning 
that a firm need only purchase a subscription to these services once, 
regardless of whether the firm is a member or member organization, as 
applicable, of multiple Nasdaq, Inc. Exchanges.
    Historically, the Exchange has billed customers on a shared basis 
for all of the products and services currently set forth in General 8. 
Presently, however, only certain provisions of General 8 state this 
fact expressly. That is, provisions in General 8 pertaining to 
connectivity to the Exchange, direct circuit connectivity to the 
Exchange, and point-of-presence connectivity to the Exchange, each 
state that they include connectivity to the other markets of the 
Nasdaq, Inc. Exchanges. However, other provisions in General 8--such as 
cabinets, cabinet power, fiber and wireless connectivity to market data 
feeds, and fiber and wireless connectivity to third party services--do 
not contain such language.
    Notwithstanding the absence of express language in these provisions 
of General 8, the Exchange believes that it is or should be apparent 
that a firm need only pay once to purchase products and services--like 
server cabinets, power supplies, and cables--that the firm will use to 
connect to multiple Nasdaq, Inc. Exchanges or to connect to third party 
services or market data feeds. Indeed, the Exchange is aware of no 
actual

[[Page 57766]]

customer confusion on this issue. Nevertheless, the Exchange believes 
that the existing Rules would benefit from clarification so as to avoid 
the potential for any confusion in the future.
    Accordingly, the Exchange proposes to amend General 8 by doing the 
following: (1) Deleting the existing selective references therein to 
shared connectivity services; and (2) replacing selective references 
with the following language, which will serve as a general preface to 
General 8:

    The connectivity products and services that this Rule describes 
are shared among all of the Nasdaq, Inc. exchanges (The Nasdaq Stock 
Market, LLC, Nasdaq BX, Inc., Nasdaq PHLX, LLC, Nasdaq ISE, LLC, 
Nasdaq MRX, LLC, and Nasdaq GEMX, LLC). Fees for these products and 
services are also the same among all of the Nasdaq, Inc. exchanges. 
As such, a firm need only purchase the products and services listed 
below from any Nasdaq, Inc. exchange once to connect to any and all 
of the Nasdaq, Inc. exchanges to which it is otherwise entitled to 
connect, or to connect to third party market data feeds or services. 
For example, if a firm purchases connectivity to one Nasdaq, Inc. 
exchange and then subsequently qualifies to connect to a second 
Nasdaq, Inc. exchange, then the firm may utilize its existing 
services for connecting to the first exchange to also connect to the 
second exchange, without incurring an additional charge.

This preface will clarify that all products and services set forth in 
General 8 are offered on a shared basis and that a firm need only 
purchase them once from any of the Nasdaq, Inc. Exchanges.
    In addition to adding this preface, the Exchange also proposes 
several other non-substantive amendments to General 8 to correct 
technical errors and to harmonize it with parallel provisions set forth 
in the rules of the other Nasdaq, Inc. Exchanges. These changes will 
reconcile minor, non-substantive differences in the phrasing and 
placement of text between the Exchange's General 8 and the other 
Nasdaq, Inc. Exchanges' Sections 8. The amendments will also remove 
certain references to the name ``Nasdaq'' or replace it with general 
references to ``the Exchange.'' Finally, the amendments will amend 
General 8, Section 1(b), which provides for discounted pricing for 
having multiple millimeter or microwave wireless subscriptions, to 
state that such pricing applies to subscriptions under General 8, 
Section 1(b) ``and/or any other provision of these Rules that provides 
for such subscriptions, as may exist, from time to time.'' The intended 
result of the proposed changes--along with similar changes that the 
other Nasdaq, Inc. Exchanges plan to propose--will be to generalize 
General 8 and render it completely identical across all six Nasdaq, 
Inc. Exchanges. (The Exchange notes that The Nasdaq Stock Market LLC 
and Nasdaq BX, Inc. offer wireless subscriptions under both General 8, 
Section 1(b) and Rule 7015/Equity 7, Section 115 of their respective 
rulebooks.)
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\4\ in general, and that it furthers the objectives of 
Section 6(b)(4) of the Act,\5\ in that it provides for the equitable 
allocation of reasonable dues, fees and other charges among members and 
issuers and other persons using any facility, and is not designed to 
permit unfair discrimination between customers, issuers, brokers, or 
dealers. Likewise, the Exchange believes that its proposal is 
consistent with Section 6(b)(5) of the Act,\6\ 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.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that it is equitable for the Exchange and the 
other Nasdaq, Inc. Exchanges to collectively charge a firm only once 
for the products and services set forth in General 8 because the same 
instance of such products and services may be used by the firm to 
connect to any or all of the Nasdaq, Inc. Exchanges to which it is 
otherwise entitled to connect. Said otherwise, the Exchange does not 
believe that it would be fair for the Nasdaq, Inc. Exchanges to each 
charge separate fees to a firm to, say, rent the same cabinet space in 
the same data center or to purchase the same wires to connect its 
servers to the market data feed. Moreover, the practice of charging a 
firm once for products and services with shared applicability among the 
Nasdaq, Inc. Exchanges is not unfairly discriminatory because each of 
the Nasdaq, Inc. Exchanges makes the products and services that are set 
forth in General 8 of their respective rulebooks available to all 
similarly situated members at the same prices.
    Meanwhile, the Exchange believes that it is just and equitable, and 
in the interests of the public and investors, for the Exchange to amend 
General 8 to clarify the existing practice of the Nasdaq, Inc. 
Exchanges to charge firms once to purchase shared products and 
services, and to codify that practice where it is not stated expressly 
in the Rule. Although the Exchange believes that such codification and 
clarification of General 8 are not necessary in this instance--given 
that it should be (and in the Exchange's experience, it is) apparent to 
firms that each of the Nasdaq, Inc. Exchanges will not charge them more 
than once to, say, rent the same cabinet space or to purchase the same 
wires or power supplies--the Exchange believes, nevertheless, that the 
public and investors will benefit from increased clarity to General 8. 
Even if the proposal is not needed to dispel any actual confusion about 
the Rules, it will help to limit any potential confusion in the future.
    The Exchange also believes that it is just and equitable, and in 
the interests of the public and investors, to harmonize the language of 
General 8 among all six of the Nasdaq, Inc. Exchanges. Given that 
General 8 in each of the Nasdaq, Inc. Exchanges' rulebooks sets forth 
the same products, services, and associated fees that are assessed on a 
shared basis, the language of General 8 should be uniform across these 
Exchanges to avoid any confusion about unintended disparities. The 
proposal makes minor, non-substantive changes to accomplish this 
harmonization, which include removing references that are idiosyncratic 
to this Exchange and are not common among all of the Nasdaq, Inc. 
Exchanges.
    Lastly, the Exchange believes that its proposals to amend General 8 
are non-controversial because they merely codify and clarify the 
Exchange's existing interpretation of General 8, serve the interests of 
the public and investors in promoting a more clear and transparent 
Rulebook that is harmonized with the shared rules of the other Nasdaq, 
Inc. Exchanges, and because the proposals will not impact competition 
or limit access to or availability of the Exchange or its systems.

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 proposals merely codify and 
clarify existing practice of the Nasdaq, Inc. Exchanges to collectively 
charge a customer only once to connect to any or all of the Nasdaq, 
Inc. Exchanges of which it is a member and to connect to third party 
services. The proposals also harmonize Section 8 with corresponding 
provisions of the

[[Page 57767]]

rulebooks of the other Nasdaq, Inc. 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) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 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.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \9\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ 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 immediately amend 
its rules to specify that the products and services set forth in 
General 8 are shared among the Nasdaq, Inc. Exchanges and to harmonize 
General 8 with parallel rules of the other Nasdaq, Inc. 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.\11\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ 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).
---------------------------------------------------------------------------

    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-MRX-2018-33 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-MRX-2018-33. 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-MRX-2018-33, and should be submitted on 
or before December 7, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2018-25029 Filed 11-15-18; 8:45 am]
 BILLING CODE 8011-01-P
Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices 57765

post all comments on the Commission’s by the Exchange. The Commission is among the other Nasdaq, Inc.
internet website (http://www.sec.gov/ publishing this notice to solicit Exchanges.3
rules/sro.shtml). Copies of the comments on the proposed rule change The Nasdaq, Inc. Exchanges offer
submission, all subsequent from interested persons. colocation, connectivity, and direct
amendments, all written statements connectivity services and related
I. Self-Regulatory Organization’s products to their customers on a shared
with respect to the proposed rule
change that are filed with the Statement of the Terms of Substance of basis, meaning that a customer may
Commission, and all written the Proposed Rule Change utilize these products and services to
communications relating to the The Exchange proposes to amend gain access to any or all of the Nasdaq,
proposed rule change between the General 8 of the Exchange’s Rules, as Inc. Exchanges to which they are
Commission and any person, other than described below. otherwise entitled to receive access
those that may be withheld from the under the Rules. The Nasdaq, Inc.
The text of the proposed rule change
public in accordance with the Exchanges only charge customers once
is available on the Exchange’s website at
provisions of 5 U.S.C. 552, will be for these shared products and services,
http://nasdaqmrx.cchwallstreet.com/, at
available for website viewing and even to the extent that customers use
the principal office of the Exchange, and
printing in the Commission’s Public the products and services to connect to
at the Commission’s Public Reference
Reference Room, 100 F Street NE, more than one of the Nasdaq, Inc.
Room.
Washington, DC 20549 on official Exchanges. For example, a firm that is
business days between the hours of II. Self-Regulatory Organization’s a member or member organization, as
10:00 a.m. and 3:00 p.m. Copies of the Statement of the Purpose of, and applicable, of all six Nasdaq, Inc.
filing also will be available for Statutory Basis for, the Proposed Rule Exchanges, and which co-locates its
inspection and copying at the principal Change servers in the Nasdaq Data Center by
office of the Exchange. All comments purchasing a 10 GB fiber connection,
received will be posted without change. In its filing with the Commission, the cabinet space, cooling fans, and patch
Persons submitting comments are Exchange included statements cables, only needs to purchase these
cautioned that we do not redact or edit concerning the purpose of and basis for products and services once to use them
personal identifying information from the proposed rule change and discussed to connect to all six Nasdaq, Inc.
comment submissions. You should any comments it received on the Exchanges.
submit only information that you wish proposed rule change. The text of these Likewise, the Rules were intended to
to make available publicly. All statements may be examined at the provide for connectivity to third-party
submissions should refer to File places specified in Item IV below. The services and market data feeds on a
Number SR–BX–2018–052, and should Exchange has prepared summaries, set shared basis, meaning that a firm need
be submitted on or before December 7, forth in sections A, B, and C below, of only purchase a subscription to these
2018. the most significant aspects of such services once, regardless of whether the
statements. firm is a member or member
For the Commission, by the Division of
Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s organization, as applicable, of multiple
authority.12 Statement of the Purpose of, and Nasdaq, Inc. Exchanges.
Brent J. Fields, Statutory Basis for, the Proposed Rule Historically, the Exchange has billed
Secretary. Change customers on a shared basis for all of the
[FR Doc. 2018–25032 Filed 11–15–18; 8:45 am]
products and services currently set forth
1. Purpose in General 8. Presently, however, only
BILLING CODE 8011–01–P
certain provisions of General 8 state this
The Exchange proposes to amend
fact expressly. That is, provisions in
General 8 of its Rules, which govern the
SECURITIES AND EXCHANGE General 8 pertaining to connectivity to
provision by the Exchange of colocation,
COMMISSION the Exchange, direct circuit connectivity
connectivity, and direct connectivity
to the Exchange, and point-of-presence
[Release No. 34–84569; File No. SR–MRX– services and related products, and
connectivity to the Exchange, each state
2018–33] which set forth the fees that the
that they include connectivity to the
Exchange charges for those products
Self-Regulatory Organizations; Nasdaq other markets of the Nasdaq, Inc.
and services, to: (1) Clarify that all of the
MRX, LLC; Notice of Filing and Exchanges. However, other provisions
products and services set forth in
Immediate Effectiveness of Proposed in General 8—such as cabinets, cabinet
General 8 are shared among the Nasdaq
Rule Change To Amend General 8 of power, fiber and wireless connectivity
Inc. affiliated exchanges—The Nasdaq
the Exchange’s Rules to market data feeds, and fiber and
Stock Market LLC, Nasdaq BX, Inc.,
wireless connectivity to third party
Nasdaq PHLX LLC, Nasdaq ISE, LLC,
November 9, 2018. services—do not contain such language.
Nasdaq MRX, LLC, and Nasdaq GEMX, Notwithstanding the absence of
Pursuant to Section 19(b)(1) of the
LLC (collectively, the ‘‘Nasdaq, Inc. express language in these provisions of
Securities Exchange Act of 1934
Exchanges’’)—meaning that a firm need General 8, the Exchange believes that it
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
only purchase these products and is or should be apparent that a firm need
notice is hereby given that on October
services once to be able to use them to only pay once to purchase products and
29, 2018, Nasdaq MRX, LLC (‘‘MRX’’ or
connect to all of the Nasdaq, Inc. services—like server cabinets, power
‘‘Exchange’’) filed with the Securities
Exchanges to which the firm is supplies, and cables—that the firm will
and Exchange Commission
amozie on DSK3GDR082PROD with NOTICES

otherwise entitled to connect, and to use to connect to multiple Nasdaq, Inc.
(‘‘Commission’’) the proposed rule
receive the third party services and Exchanges or to connect to third party
change as described in Items I and II
market data feeds that it is otherwise services or market data feeds. Indeed,
below, which Items have been prepared
entitled to receive; and (2) make other the Exchange is aware of no actual
12 17 CFR 200.30–3(a)(12).
non-substantive changes that will
1 15 U.S.C. 78s(b)(1). further the objective of harmonizing 3 The other Nasdaq, Inc. Exchanges plan to file
2 17 CFR 240.19b–4. General 8 with parallel rules that exist similar proposals in the near future.

VerDate Sep<11>2014 17:19 Nov 15, 2018 Jkt 247001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1
Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices 57767

rulebooks of the other Nasdaq, Inc. Commission summarily may comment submissions. You should
Exchanges. temporarily suspend such rule change if submit only information that you wish
it appears to the Commission that such to make available publicly. All
C. Self-Regulatory Organization’s
action is necessary or appropriate in the submissions should refer to File
Statement on Comments on the
public interest, for the protection of Number SR–MRX–2018–33, and should
Proposed Rule Change Received From
investors, or otherwise in furtherance of be submitted on or before December 7,
Members, Participants, or Others
the purposes of the Act. If the 2018.
No written comments were either Commission takes such action, the For the Commission, by the Division of
solicited or received. Commission shall institute proceedings Trading and Markets, pursuant to delegated
III. Date of Effectiveness of the to determine whether the proposed rule authority.12
Proposed Rule Change and Timing for change should be approved or Brent J. Fields,
Commission Action disapproved. Secretary.
Because the foregoing proposed rule IV. Solicitation of Comments [FR Doc. 2018–25029 Filed 11–15–18; 8:45 am]
change does not: (i) Significantly affect Interested persons are invited to BILLING CODE 8011–01–P
the protection of investors or the public submit written data, views, and
interest; (ii) impose any significant arguments concerning the foregoing,
burden on competition; and (iii) become SECURITIES AND EXCHANGE
including whether the proposed rule
operative for 30 days from the date on COMMISSION
change is consistent with the Act.
which it was filed, or such shorter time Comments may be submitted by any of [Release No. 34–84573; File No. SR–Phlx–
as the Commission may designate, it has the following methods: 2018–70]
become effective pursuant to Section
19(b)(3)(A) of the Act 7 and Rule 19b– Electronic Comments Self-Regulatory Organizations; Nasdaq
4(f)(6) thereunder.8 • Use the Commission’s internet PHLX LLC; Notice of Filing and
A proposed rule change filed comment form (http://www.sec.gov/ Immediate Effectiveness of Proposed
pursuant to Rule 19b–4(f)(6) under the rules/sro.shtml); or Rule Change To Amend General 8 of
Act 9 normally does not become • Send an email to rule-comments@ the Exchange’s Rules
operative for 30 days after the date of its sec.gov. Please include File Number SR–
November 9, 2018.
filing. However, Rule 19b–4(f)(6)(iii) 10 MRX–2018–33 on the subject line.
permits the Commission to designate a Pursuant to Section 19(b)(1) of the
Paper Comments Securities Exchange Act of 1934
shorter time if such action is consistent
with the protection of investors and the • Send paper comments in triplicate (‘‘Act’’),1 and Rule 19b–4 thereunder,2
public interest. The Exchange has to Secretary, Securities and Exchange notice is hereby given that on October
requested that the Commission waive Commission, 100 F Street NE, 29, 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or
the 30-day operative delay so that the Washington, DC 20549–1090. ‘‘Exchange’’) filed with the Securities
proposed rule change may become All submissions should refer to File and Exchange Commission
operative upon filing. Waiver of the Number SR–MRX–2018–33. This file (‘‘Commission’’) the proposed rule
operative delay would allow the number should be included on the change as described in Items I and II
Exchange to immediately amend its subject line if email is used. To help the below, which Items have been prepared
rules to specify that the products and Commission process and review your by the Exchange. The Commission is
services set forth in General 8 are shared comments more efficiently, please use publishing this notice to solicit
among the Nasdaq, Inc. Exchanges and only one method. The Commission will comments on the proposed rule change
to harmonize General 8 with parallel post all comments on the Commission’s from interested persons.
rules of the other Nasdaq, Inc. internet website (http://www.sec.gov/ I. Self-Regulatory Organization’s
Exchanges. The Commission believes rules/sro.shtml). Copies of the Statement of the Terms of Substance of
that waiver of the 30-day operative submission, all subsequent the Proposed Rule Change
delay is consistent with the protection amendments, all written statements
of investors and the public interest. The Exchange proposes to amend
with respect to the proposed rule
Accordingly, the Commission hereby General 8 of the Exchange’s Rules, as
change that are filed with the
waives the operative delay and described below.
Commission, and all written The text of the proposed rule change
designates the proposed rule change communications relating to the is available on the Exchange’s website at
operative upon filing.11 proposed rule change between the
At any time within 60 days of the http://nasdaqphlx.cchwallstreet.com/,
Commission and any person, other than at the principal office of the Exchange,
filing of the proposed rule change, the those that may be withheld from the and at the Commission’s Public
public in accordance with the Reference Room.
7 15 U.S.C. 78s(b)(3)(A). provisions of 5 U.S.C. 552, will be
8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– available for website viewing and II. Self-Regulatory Organization’s
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to printing in the Commission’s Public Statement of the Purpose of, and
file the proposed rule change, along with a brief Reference Room, 100 F Street NE, Statutory Basis for, the Proposed Rule
description and text of the proposed rule change, Washington, DC 20549 on official Change
at least five business days prior to the date of filing business days between the hours of
of the proposed rule change, or such shorter time In its filing with the Commission, the
as designated by the Commission. The Exchange 10:00 a.m. and 3:00 p.m. Copies of the Exchange included statements
amozie on DSK3GDR082PROD with NOTICES

has satisfied this requirement. filing also will be available for concerning the purpose of and basis for
9 17 CFR 240.19b–4(f)(6). inspection and copying at the principal the proposed rule change and discussed
10 17 CFR 240.19b–4(f)(6)(iii).
office of the Exchange. All comments any comments it received on the
11 For purposes only of waiving the 30-day
received will be posted without change.
operative delay, the Commission also has
considered the proposed rule’s impact on
Persons submitting comments are 12 17 CFR 200.30–3(a)(12).
efficiency, competition, and capital formation. See cautioned that we do not redact or edit 1 15 U.S.C. 78s(b)(1).
15 U.S.C. 78c(f). personal identifying information from 2 17 CFR 240.19b–4.

VerDate Sep<11>2014 17:19 Nov 15, 2018 Jkt 247001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1
Document Created: 2018-11-16 07:22:46
Document Modified: 2018-11-16 07:22:46
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 57765