83_FR_63170 83 FR 62936 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate the Exchange's Pricing Schedule

83 FR 62936 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate the Exchange's Pricing Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 234 (December 6, 2018)

Page Range62936-62938
FR Document2018-26400

Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018)
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62936-62938]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26400]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84684; File No. SR-NASDAQ-2018-098]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Relocate the Exchange's Pricing Schedule

November 29, 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 November 19, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I and II, below, which Items have been prepared by the Exchange. 
The Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to (a) relocate its current Rule 7000 Series 
(``Equities Pricing''), entitled ``Charges for Membership, Services, 
and Equipment,'' and The Nasdaq Options Market LLC's (``NOM'') rules at 
Chapter XV (``Options Pricing''; together, ``Equities and Options 
Pricing'') to the Exchange's rulebook's (``Rulebook'') shell structure; 
\3\ (b) make conforming cross-reference changes throughout the 
Rulebook; and (c) amend the Equity 4's title in the shell structure.
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    \3\ In 2017, the Exchange added a shell structure to its 
Rulebook with the purpose of improving efficiency and readability 
and to align its rules closer to those of its five sister exchanges, 
The Nasdaq Stock Market LLC; Nasdaq PHLX LLC; Nasdaq ISE, LLC; 
Nasdaq GEMX, LLC; and Nasdaq MRX, LLC (``Affiliated Exchanges''). 
See Securities Exchange Act Release No. 82174 (November 29, 2017), 
82 FR 57492 (December 5, 2017) (SR-BX-2017-054).
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    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaq.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 (a) relocate the Equities and Options 
Pricing rules, currently under the Equities Rule 7000 Series and 
Options Chapter XV of the NOM rules, into the Rulebook's shell 
structure, respectively, under Equity 7 and Options 7 (both named 
``Pricing Schedule''); (b) make conforming cross-reference changes 
throughout the Rulebook; and (c) amend the Equity 4's title, ``Equity 
Listing Rules,'' in the shell structure, as detailed below.
(a) Relocation of the Pricing Rules
    The Exchange, as part of its continued effort to promote efficiency 
and the conformity of its processes with those of the Affiliated 
Exchanges,\4\ and the goal of harmonizing and uniformizing its rules, 
proposes to relocate the Equities Pricing rules, currently under the 
Rule 7000 Series, into Equity 7, Pricing Schedule, of the shell 
structure. Specifically, the Exchange will add the word ``Section'' and 
renumber the

[[Page 62937]]

Equities Pricing rules as detailed in the table below:
---------------------------------------------------------------------------

    \4\ See footnote 3.

------------------------------------------------------------------------
               7000 Series                            Equity 7
------------------------------------------------------------------------
7000.....................................  Section 1.
7001.....................................  Section 10.
7002.....................................  Section 20.
7003.....................................  Section 30.
7007.....................................  Section 70.
7010.....................................  Section 100.
7011.....................................  Section 111.
7012.....................................  Section 112.
7013.....................................  Section 113.
7014.....................................  Section 114.
7015.....................................  Section 115.
7016.....................................  Section 116.
7017.....................................  Section 117.
7018.....................................  Section 118.
7019.....................................  Section 119.
7020.....................................  Section 120.
7021.....................................  Section 121.
7022.....................................  Section 122.
7023.....................................  Section 123.
IM-7023-1................................  Section 123-IM-1.
7024.....................................  Section 124.
7025.....................................  Section 125.
7026.....................................  Section 126.
IM-7026-1................................  Section 126-IM-1.
7027.....................................  Section 127.
7028.....................................  Section 128.
7029.....................................  Section 129.
7030.....................................  Section 130.
7031.....................................  Section 131.
7032.....................................  Section 132.
7033.....................................  Section 133.
7034.....................................  Section 134.
7035.....................................  Section 135.
7036.....................................  Section 136.
7037.....................................  Section 137.
IM-7037-1................................  Section 137-IM-1.
7038.....................................  Section 138.
7039.....................................  Section 139.
IM-7039-1................................  Section 139-IM-1.
7040.....................................  Section 140.
7041.....................................  Section 141.
7042.....................................  Section 142.
7043.....................................  Section 143.
7044.....................................  Section 144.
7045.....................................  Section 145.
7046.....................................  Section 146.
7047.....................................  Section 147.
IM-7047-1................................  Section 147-IM-1.
7048.....................................  Section 148.
7049.....................................  Section 149.
7050.....................................  Section 150.
7051.....................................  Section 151.
7052.....................................  Section 152.
7053.....................................  Section 153.
7054.....................................  Section 154.
7055.....................................  Section 155.
7056.....................................  Section 156.
7057.....................................  Section 157.
IM-7057-1................................  Section 157-IM-1.
7058.....................................  Section 158.
7059.....................................  Section 159.
7060.....................................  Section 160.
7061.....................................  Section 161.
7100.....................................  Section 200.
------------------------------------------------------------------------

    The Exchange will also relocate the Options Pricing rules, 
currently under Chapter XV of the NOM rules, into Options 7, Pricing 
Schedule, of the shell structure. No renumbering of the Options Pricing 
rules will be necessary other than replacing the abbreviated word 
``Sec.'' with the full word ``Section.''
    The Exchange believes that the relocation of the Equities and 
Options Pricing rules will facilitate the use of the Rulebook by 
Members \5\ of the Exchange, including those who are members of other 
Affiliated Exchanges, and other market participants. Moreover, the 
proposed changes are of a non-substantive nature and they will not 
amend the relocated rules, other than to update their numbers as 
previously detailed.
---------------------------------------------------------------------------

    \5\ Exchange Rule 0120(i).
---------------------------------------------------------------------------

(b) Cross-Reference Updates
    In connection with the changes described above, the Exchange 
proposes to update all cross-references in the Rulebook that direct the 
reader to the current placement of the Equities and Options Pricing 
rules and/or any of their subsections. Specifically, the Exchange will 
update the cross-references in Nasdaq Rules 1002(c)(1), IM-5220, and 
8320(a)(1). Moreover, for consistency with the current title of General 
8, Section 2 (``Direct Connectivity''), the Exchange proposes to update 
the description provided under Rule 7007(a) (to be relocated under 
Equity 7, Section 70(a)) by removing the text ``to Nasdaq''.
(c) Amendment of the Equity 4's Title
    Finally, the Exchange will amend Equity 4's title in the shell 
structure, currently ``Equity Listing Rules,'' and replace it with the 
word ``Reserved,'' since no rules will be placed in this section of the 
shell structure.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\6\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\7\ in particular, in that it is designed to promote 
just and equitable principles of trade, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general to protect investors and the public interest, 
by promoting efficiency and structural conformity of the Exchange's 
processes with those of the Affiliated Exchanges and to make the 
Exchange's Rulebook easier to read and more accessible to its Members 
and market participants. The Exchange believes that the relocation of 
the Equities and Options Pricing rules, cross-reference updates, and 
the amendment to the Equity 4's title are of a non-substantive nature.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 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 (i) 
are of a non-substantive nature, (ii) are intended to harmonize the 
structure of the Exchange's rules with those of its Affiliated 
Exchanges, and (iii) are intended to organize the Rulebook in a way 
that it will ease the Members' and market participants' navigation and 
reading of the rules.

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

    No written comments were either solicited or received.

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

    Because the 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 if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6)(iii) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 
19b4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Exchange states that waiver of the 30-day operative delay 
will allow it to promptly relocate the Pricing Schedule rules and 
continue to reorganize its Rulebook as already done in previous 
filings. The Commission believes that waiving the 30-day operative 
delay is consistent with the protection of investors and the public 
interest, as it would allow the Exchange, without delay, to reorganize 
its

[[Page 62938]]

Rulebook in a manner that improves accessibility, readability and 
structural consistency with the rules of its Affiliated Exchanges. For 
this reason, the Commission designates the proposed rule change to be 
operative upon filing.\10\
---------------------------------------------------------------------------

    \10\ 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-NASDAQ-2018-098 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-NASDAQ-2018-098. 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-NASDAQ-2018-098, and should be submitted 
on or before December 26, 2018.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26400 Filed 12-4-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               62936                      Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices

                                               designates the proposed rule change                     Washington, DC 20549 on official                      structure; 3 (b) make conforming cross-
                                               operative upon filing.22                                business days between the hours of                    reference changes throughout the
                                                  At any time within 60 days of the                    10:00 a.m. and 3:00 p.m. Copies of the                Rulebook; and (c) amend the Equity 4’s
                                               filing of the proposed rule change, the                 filing also will be available for                     title in the shell structure.
                                               Commission summarily may                                inspection and copying at the principal                  The text of the proposed rule change
                                               temporarily suspend such rule change if                 office of the Exchange. All comments                  is available on the Exchange’s website at
                                               it appears to the Commission that such                  received will be posted without change.               http://nasdaq.cchwallstreet.com, at the
                                               action is necessary or appropriate in the               Persons submitting comments are                       principal office of the Exchange, and at
                                               public interest, for the protection of                  cautioned that we do not redact or edit               the Commission’s Public Reference
                                               investors, or otherwise in furtherance of               personal identifying information from                 Room.
                                               the purposes of the Act. If the                         comment submissions. You should
                                               Commission takes such action, the                       submit only information that you wish                 II. Self-Regulatory Organization’s
                                               Commission shall institute proceedings                  to make available publicly. All                       Statement of the Purpose of, and
                                               to determine whether the proposed rule                  submissions should refer to File                      Statutory Basis for, the Proposed Rule
                                               change should be approved or                            Number SR–CboeEDGA–2018–019, and                      Change
                                               disapproved.                                            should be submitted on or before                        In its filing with the Commission, the
                                               IV. Solicitation of Comments                            December 26, 2018.                                    Exchange included statements
                                                                                                         For the Commission, by the Division of              concerning the purpose of and basis for
                                                 Interested persons are invited to                     Trading and Markets, pursuant to delegated            the proposed rule change and discussed
                                               submit written data, views, and                         authority.23                                          any comments it received on the
                                               arguments concerning the foregoing,                     Eduardo A. Aleman,                                    proposed rule change. The text of these
                                               including whether the proposed rule                                                                           statements may be examined at the
                                                                                                       Assistant Secretary.
                                               change is consistent with the Act.                                                                            places specified in Item IV below. The
                                                                                                       [FR Doc. 2018–26399 Filed 12–4–18; 8:45 am]
                                               Comments may be submitted by any of                                                                           Exchange has prepared summaries, set
                                                                                                       BILLING CODE 8011–01–P
                                               the following methods:                                                                                        forth in sections A, B, and C below, of
                                               Electronic Comments                                                                                           the most significant aspects of such
                                                  • Use the Commission’s internet                      SECURITIES AND EXCHANGE                               statements.
                                               comment form (http://www.sec.gov/                       COMMISSION                                            A. Self-Regulatory Organization’s
                                               rules/sro.shtml); or                                    [Release No. 34–84684; File No. SR–                   Statement of the Purpose of, and
                                                  • Send an email to rule-comments@                    NASDAQ–2018–098]                                      Statutory Basis for, the Proposed Rule
                                               sec.gov. Please include File Number SR–                                                                       Change
                                               CboeEDGA–2018–019 on the subject                        Self-Regulatory Organizations; The
                                               line.                                                   Nasdaq Stock Market LLC; Notice of                    1. Purpose
                                                                                                       Filing and Immediate Effectiveness of                    The Exchange proposes to (a) relocate
                                               Paper Comments                                          Proposed Rule Change To Relocate                      the Equities and Options Pricing rules,
                                                  • Send paper comments in triplicate                  the Exchange’s Pricing Schedule                       currently under the Equities Rule 7000
                                               to Secretary, Securities and Exchange                                                                         Series and Options Chapter XV of the
                                               Commission, 100 F Street NE,                            November 29, 2018.
                                                                                                          Pursuant to Section 19(b)(1) of the                NOM rules, into the Rulebook’s shell
                                               Washington, DC 20549–1090.                                                                                    structure, respectively, under Equity 7
                                               All submissions should refer to File                    Securities Exchange Act of 1934
                                                                                                       (‘‘Act’’),1 and Rule 19b–4 thereunder,2               and Options 7 (both named ‘‘Pricing
                                               Number SR–CboeEDGA–2018–019. This                                                                             Schedule’’); (b) make conforming cross-
                                               file number should be included on the                   notice is hereby given that on November
                                                                                                       19, 2018, The Nasdaq Stock Market LLC                 reference changes throughout the
                                               subject line if email is used. To help the                                                                    Rulebook; and (c) amend the Equity 4’s
                                               Commission process and review your                      (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
                                                                                                       Securities and Exchange Commission                    title, ‘‘Equity Listing Rules,’’ in the shell
                                               comments more efficiently, please use                                                                         structure, as detailed below.
                                               only one method. The Commission will                    (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                               post all comments on the Commission’s                   rule change as described in Items I and               (a) Relocation of the Pricing Rules
                                               internet website (http://www.sec.gov/                   II, below, which Items have been
                                                                                                                                                                The Exchange, as part of its continued
                                               rules/sro.shtml). Copies of the                         prepared by the Exchange. The
                                                                                                                                                             effort to promote efficiency and the
                                               submission, all subsequent                              Commission is publishing this notice to
                                                                                                                                                             conformity of its processes with those of
                                               amendments, all written statements                      solicit comments on the proposed rule
                                                                                                                                                             the Affiliated Exchanges,4 and the goal
                                               with respect to the proposed rule                       change from interested persons.
                                                                                                                                                             of harmonizing and uniformizing its
                                               change that are filed with the                          I. Self-Regulatory Organization’s                     rules, proposes to relocate the Equities
                                               Commission, and all written                             Statement of the Terms of Substance of                Pricing rules, currently under the Rule
                                               communications relating to the                          the Proposed Rule Change                              7000 Series, into Equity 7, Pricing
                                               proposed rule change between the                           The Exchange proposes to (a) relocate              Schedule, of the shell structure.
                                               Commission and any person, other than                   its current Rule 7000 Series (‘‘Equities              Specifically, the Exchange will add the
                                               those that may be withheld from the                     Pricing’’), entitled ‘‘Charges for                    word ‘‘Section’’ and renumber the
                                               public in accordance with the                           Membership, Services, and Equipment,’’
                                               provisions of 5 U.S.C. 552, will be                     and The Nasdaq Options Market LLC’s
                                                                                                                                                                3 In 2017, the Exchange added a shell structure to

                                               available for website viewing and                                                                             its Rulebook with the purpose of improving
khammond on DSK30JT082PROD with NOTICES




                                                                                                       (‘‘NOM’’) rules at Chapter XV (‘‘Options              efficiency and readability and to align its rules
                                               printing in the Commission’s Public                     Pricing’’; together, ‘‘Equities and                   closer to those of its five sister exchanges, The
                                               Reference Room, 100 F Street NE,                        Options Pricing’’) to the Exchange’s                  Nasdaq Stock Market LLC; Nasdaq PHLX LLC;
                                                                                                                                                             Nasdaq ISE, LLC; Nasdaq GEMX, LLC; and Nasdaq
                                                  22 For purposes only of waiving the 30-day
                                                                                                       rulebook’s (‘‘Rulebook’’) shell                       MRX, LLC (‘‘Affiliated Exchanges’’). See Securities
                                               operative delay, the Commission also has                                                                      Exchange Act Release No. 82174 (November 29,
                                                                                                         23 17 CFR 200.30–3(a)(12).
                                               considered the proposed rule’s impact on                                                                      2017), 82 FR 57492 (December 5, 2017) (SR–BX–
                                                                                                         1 15 U.S.C. 78s(b)(1).                              2017–054).
                                               efficiency, competition, and capital formation. See
                                               15 U.S.C. 78c(f).                                         2 17 CFR 240.19b–4.                                    4 See footnote 3.




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                                                                              Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices                                                     62937

                                               Equities Pricing rules as detailed in the                  Options Pricing rules will be necessary                amendment to the Equity 4’s title are of
                                               table below:                                               other than replacing the abbreviated                   a non-substantive nature.
                                                                                                          word ‘‘Sec.’’ with the full word
                                                  7000 Series                        Equity 7
                                                                                                                                                                 B. Self-Regulatory Organization’s
                                                                                                          ‘‘Section.’’
                                                                                                                                                                 Statement on Burden on Competition
                                                                                                             The Exchange believes that the
                                               7000 ...................   Section   1.                    relocation of the Equities and Options                   The Exchange does not believe that
                                               7001 ...................   Section   10.                                                                          the proposed rule change will impose
                                                                                                          Pricing rules will facilitate the use of the
                                               7002 ...................   Section   20.                                                                          any burden on competition not
                                               7003 ...................   Section   30.                   Rulebook by Members 5 of the Exchange,
                                               7007 ...................   Section   70.                   including those who are members of                     necessary or appropriate in furtherance
                                               7010 ...................   Section   100.                  other Affiliated Exchanges, and other                  of the purposes of the Act. The
                                               7011 ...................   Section   111.                  market participants. Moreover, the                     proposed changes do not impose a
                                               7012 ...................   Section   112.                  proposed changes are of a non-                         burden on competition because, as
                                               7013 ...................   Section   113.                  substantive nature and they will not                   previously stated, they (i) are of a non-
                                               7014 ...................   Section   114.                  amend the relocated rules, other than to               substantive nature, (ii) are intended to
                                               7015 ...................   Section   115.                  update their numbers as previously                     harmonize the structure of the
                                               7016 ...................   Section   116.                                                                         Exchange’s rules with those of its
                                                                                                          detailed.
                                               7017 ...................   Section   117.                                                                         Affiliated Exchanges, and (iii) are
                                               7018 ...................   Section   118.                  (b) Cross-Reference Updates                            intended to organize the Rulebook in a
                                               7019 ...................   Section   119.
                                               7020 ...................   Section   120.                    In connection with the changes                       way that it will ease the Members’ and
                                               7021 ...................   Section   121.                  described above, the Exchange proposes                 market participants’ navigation and
                                               7022 ...................   Section   122.                  to update all cross-references in the                  reading of the rules.
                                               7023 ...................   Section   123.                  Rulebook that direct the reader to the                 C. Self-Regulatory Organization’s
                                               IM–7023–1 .........        Section   123–IM–1.             current placement of the Equities and                  Statement on Comments on the
                                               7024 ...................   Section   124.                  Options Pricing rules and/or any of their
                                               7025 ...................   Section   125.                                                                         Proposed Rule Change Received From
                                                                                                          subsections. Specifically, the Exchange                Members, Participants, or Others
                                               7026 ...................   Section   126.                  will update the cross-references in
                                               IM–7026–1 .........        Section   126–IM–1.                                                                      No written comments were either
                                               7027 ...................   Section   127.
                                                                                                          Nasdaq Rules 1002(c)(1), IM–5220, and
                                                                                                          8320(a)(1). Moreover, for consistency                  solicited or received.
                                               7028 ...................   Section   128.
                                               7029 ...................   Section   129.                  with the current title of General 8,                   III. Date of Effectiveness of the
                                               7030 ...................   Section   130.                  Section 2 (‘‘Direct Connectivity’’), the               Proposed Rule Change and Timing for
                                               7031 ...................   Section   131.                  Exchange proposes to update the                        Commission Action
                                               7032 ...................   Section   132.                  description provided under Rule                           Because the proposed rule change
                                               7033 ...................   Section   133.                  7007(a) (to be relocated under Equity 7,
                                               7034 ...................   Section   134.                                                                         does not (i) significantly affect the
                                                                                                          Section 70(a)) by removing the text ‘‘to               protection of investors or the public
                                               7035 ...................   Section   135.                  Nasdaq’’.
                                               7036 ...................   Section   136.                                                                         interest; (ii) impose any significant
                                               7037 ...................   Section   137.                  (c) Amendment of the Equity 4’s Title                  burden on competition; and (iii) become
                                               IM–7037–1 .........        Section   137–IM–1.                                                                    operative for 30 days from the date on
                                               7038 ...................   Section   138.                     Finally, the Exchange will amend
                                                                                                                                                                 which it was filed, or such shorter time
                                               7039 ...................   Section   139.                  Equity 4’s title in the shell structure,
                                                                                                                                                                 as the Commission may designate if
                                               IM–7039–1 .........        Section   139–IM–1.             currently ‘‘Equity Listing Rules,’’ and
                                                                                                                                                                 consistent with the protection of
                                               7040 ...................   Section   140.                  replace it with the word ‘‘Reserved,’’
                                                                                                                                                                 investors and the public interest, the
                                               7041 ...................   Section   141.                  since no rules will be placed in this
                                               7042 ...................   Section   142.
                                                                                                                                                                 proposed rule change has become
                                                                                                          section of the shell structure.
                                               7043 ...................   Section   143.                                                                         effective pursuant to Section 19(b)(3)(A)
                                               7044 ...................   Section   144.                  2. Statutory Basis                                     of the Act 8 and Rule 19b–4(f)(6)(iii)
                                               7045 ...................   Section   145.                     The Exchange believes that its                      thereunder.9
                                               7046 ...................   Section   146.                                                                            The Exchange has asked the
                                                                                                          proposal is consistent with Section 6(b)
                                               7047 ...................   Section   147.                                                                         Commission to waive the 30-day
                                                                                                          of the Act,6 in general, and furthers the
                                               IM–7047–1 .........        Section   147–IM–1.                                                                    operative delay so that the proposal may
                                               7048 ...................   Section   148.                  objectives of Section 6(b)(5) of the Act,7
                                                                                                                                                                 become operative immediately upon
                                               7049 ...................   Section   149.                  in particular, in that it is designed to
                                                                                                                                                                 filing. The Exchange states that waiver
                                               7050 ...................   Section   150.                  promote just and equitable principles of
                                                                                                                                                                 of the 30-day operative delay will allow
                                               7051 ...................   Section   151.                  trade, to remove impediments to and
                                                                                                                                                                 it to promptly relocate the Pricing
                                               7052 ...................   Section   152.                  perfect the mechanism of a free and                    Schedule rules and continue to
                                               7053 ...................   Section   153.                  open market and a national market
                                               7054 ...................   Section   154.                                                                         reorganize its Rulebook as already done
                                                                                                          system, and, in general to protect                     in previous filings. The Commission
                                               7055 ...................   Section   155.                  investors and the public interest, by
                                               7056 ...................   Section   156.                                                                         believes that waiving the 30-day
                                               7057 ...................   Section   157.
                                                                                                          promoting efficiency and structural                    operative delay is consistent with the
                                               IM–7057–1 .........        Section   157–IM–1.             conformity of the Exchange’s processes                 protection of investors and the public
                                               7058 ...................   Section   158.                  with those of the Affiliated Exchanges                 interest, as it would allow the Exchange,
                                               7059 ...................   Section   159.                  and to make the Exchange’s Rulebook                    without delay, to reorganize its
                                               7060 ...................   Section   160.                  easier to read and more accessible to its
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                                               7061 ...................   Section   161.                  Members and market participants. The                     8 15  U.S.C. 78s(b)(3)(A).
                                               7100 ...................   Section   200.                  Exchange believes that the relocation of                 9 17  CFR 240.19b–4(f)(6)(iii). As required under
                                                                                                          the Equities and Options Pricing rules,                Rule 19b4(f)(6)(iii), the Exchange provided the
                                                  The Exchange will also relocate the                     cross-reference updates, and the                       Commission with written notice of its intent to file
                                               Options Pricing rules, currently under                                                                            the proposed rule change, along with a brief
                                               Chapter XV of the NOM rules, into                                                                                 description and the text of the proposed rule
                                                                                                            5 Exchange  Rule 0120(i).                            change, at least five business days prior to the date
                                               Options 7, Pricing Schedule, of the shell                    6 15 U.S.C. 78f(b).                                  of filing of the proposed rule change, or such
                                               structure. No renumbering of the                             7 15 U.S.C. 78f(b)(5).                               shorter time as designated by the Commission.



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                                               62938                      Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices

                                               Rulebook in a manner that improves                      business days between the hours of                    the Commission’s Public Reference
                                               accessibility, readability and structural               10:00 a.m. and 3:00 p.m. Copies of the                Room.
                                               consistency with the rules of its                       filing also will be available for
                                                                                                                                                             II. Self-Regulatory Organization’s
                                               Affiliated Exchanges. For this reason,                  inspection and copying at the principal
                                                                                                                                                             Statement of the Purpose of, and
                                               the Commission designates the                           office of the Exchange. All comments
                                                                                                                                                             Statutory Basis for, the Proposed Rule
                                               proposed rule change to be operative                    received will be posted without change.
                                                                                                                                                             Change
                                               upon filing.10                                          Persons submitting comments are
                                                  At any time within 60 days of the                    cautioned that we do not redact or edit                  In its filing with the Commission, the
                                               filing of the proposed rule change, the                 personal identifying information from                 Exchange included statements
                                               Commission summarily may                                comment submissions. You should                       concerning the purpose of and basis for
                                               temporarily suspend such rule change if                 submit only information that you wish                 the proposed rule change and discussed
                                               it appears to the Commission that such                  to make available publicly. All                       any comments it received on the
                                               action is necessary or appropriate in the               submissions should refer to File                      proposed rule change. The text of these
                                               public interest, for the protection of                  Number SR–NASDAQ–2018–098, and                        statements may be examined at the
                                               investors, or otherwise in furtherance of               should be submitted on or before                      places specified in Item IV below. The
                                               the purposes of the Act.                                December 26, 2018.                                    Exchange has prepared summaries, set
                                                                                                                                                             forth in sections A, B, and C below, of
                                               IV. Solicitation of Comments                              For the Commission, by the Division of
                                                                                                       Trading and Markets, pursuant to delegated            the most significant aspects of such
                                                 Interested persons are invited to                     authority.11                                          statements.
                                               submit written data, views, and                         Eduardo A. Aleman,
                                               arguments concerning the foregoing,                                                                           A. Self-Regulatory Organization’s
                                               including whether the proposed rule
                                                                                                       Assistant Secretary.                                  Statement of the Purpose of, and
                                               change is consistent with the Act.                      [FR Doc. 2018–26400 Filed 12–4–18; 8:45 am]           Statutory Basis for, the Proposed Rule
                                               Comments may be submitted by any of                     BILLING CODE 8011–01–P                                Change
                                               the following methods:                                                                                        1. Purpose
                                               Electronic Comments                                     SECURITIES AND EXCHANGE                                  The Exchange filed a proposal to
                                                 • Use the Commission’s internet                       COMMISSION                                            adopt certain Butterfly and Box Spread
                                               comment form (http://www.sec.gov/                                                                             protections for complex order strategies
                                                                                                       [Release No. 34–84682; File No. SR–ISE–               and also reorganize and amend the
                                               rules/sro.shtml); or                                    2018–95]
                                                 • Send an email to rule-comments@                                                                           existing Complex Order protections
                                               sec.gov. Please include File Number SR–                 Self-Regulatory Organizations; Nasdaq                 within Supplementary Material .07 to
                                               NASDAQ–2018–098 on the subject line.                    ISE, LLC; Notice of Filing and                        ISE Rule 722, among other things.3
                                                                                                       Immediate Effectiveness of a Proposed                 Subsequent to SR–ISE–2018–55
                                               Paper Comments                                          Rule Change To Amend                                  becoming effective, the Exchange
                                                  • Send paper comments in triplicate                  Supplementary Material .07 to ISE Rule                received approval to make various
                                               to Secretary, Securities and Exchange                   722                                                   revisions to Rule 722 to memorialize
                                               Commission, 100 F Street NE,                                                                                  ISE’s Complex Order functionality,
                                               Washington, DC 20549–1090.                              November 29, 2018.                                    among other things.4 SR–ISE–2018–56
                                               All submissions should refer to File                       Pursuant to Section 19(b)(1) of the                did not properly mark the rule text for
                                               Number SR–NASDAQ–2018–098. This                         Securities Exchange Act of 1934                       Supplementary Material .07 of ISE Rule
                                               file number should be included on the                   (‘‘Act’’),1 and Rule 19b–4 thereunder,2               722 against the Rulebook as amended by
                                               subject line if email is used. To help the              notice is hereby given that on November               SR–ISE–2018–55. Specifically, SR–ISE–
                                               Commission process and review your                      19, 2018, Nasdaq ISE, LLC (‘‘ISE’’ or the             2018–56 failed to note the changes that
                                               comments more efficiently, please use                   ‘‘Exchange’’) filed with the Securities               had become effective within SR–ISE–
                                               only one method. The Commission will                    and Exchange Commission (‘‘SEC’’ or                   2018–55. This rule change seeks to
                                               post all comments on the Commission’s                   ‘‘Commission’’) the proposed rule                     amend the current rule text of
                                               internet website (http://www.sec.gov/                   change as described in Items I and II                 Supplementary Material .07 to Rule 722
                                               rules/sro.shtml). Copies of the                         below, which Items have been prepared                 to reconcile the approved rule texts of
                                               submission, all subsequent                              by the Exchange. The Commission is                    both SR–ISE–2018–55 and SR–ISE–
                                               amendments, all written statements                      publishing this notice to solicit                     2018–56. The proposal makes no
                                               with respect to the proposed rule                       comments on the proposed rule change                  substantive changes to ISE’s rules.
                                               change that are filed with the                          from interested persons.                              2. Statutory Basis
                                               Commission, and all written                             I. Self-Regulatory Organization’s                        The Exchange believes that its
                                               communications relating to the                          Statement of the Terms of Substance of                proposal is consistent with Section 6(b)
                                               proposed rule change between the                        the Proposed Rule Change                              of the Act,5 in general, and furthers the
                                               Commission and any person, other than                                                                         objectives of Section 6(b)(5) of the Act,6
                                                                                                          The Exchange proposes to amend
                                               those that may be withheld from the                                                                           in particular, in that it is designed to
                                                                                                       Supplementary Material .07 to ISE Rule
                                               public in accordance with the
                                                                                                       722, which relates to Complex Orders,
                                               provisions of 5 U.S.C. 552, will be                                                                              3 Securities Exchange Act Release No. 83464
                                                                                                       to correct inadvertent errors in the rule
                                               available for website viewing and                                                                             (June 19, 2018), 83 FR 29583 (June 25, 2018) (SR–
                                                                                                       text.                                                 ISE–2018–55).
                                               printing in the Commission’s Public
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                                                                                                          The text of the proposed rule change                  4 Securities Exchange Act Release No. 84373
                                               Reference Room, 100 F Street NE,                        is available on the Exchange’s website at             (October, 2018), 83 FR 31783 (July 9, 2018) (SR–
                                               Washington, DC 20549, on official                       http://ise.cchwallstreet.com/, at the                 ISE–2018–56) (Notice of Filing of Amendment No.
                                                                                                                                                             1 and Order Granting Accelerated Approval of a
                                                  10 For purposes only of waiving the 30-day
                                                                                                       principal office of the Exchange, and at              Proposed Rule Change, as Modified by Amendment
                                               operative delay, the Commission has also                                                                      No. 1, To Amend Its Rules Relating to Complex
                                                                                                         11 17 CFR 200.30–3(a)(12).                          Orders).
                                               considered the proposed rule’s impact on
                                                                                                         1 15 U.S.C. 78s(b)(1).                                 5 15 U.S.C. 78f(b).
                                               efficiency, competition, and capital formation. See
                                               15 U.S.C. 78c(f).                                         2 17 CFR 240.19b–4.                                    6 15 U.S.C. 78f(b)(5).




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Document Created: 2018-12-05 02:36:24
Document Modified: 2018-12-05 02:36:24
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 62936 

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