83 FR 9046 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Update Rule 4758 To Reflect the Name Change of NYSE MKT to NYSE American
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 42 (March 2, 2018)
Federal Register Volume 83, Issue 42 (March 2, 2018)
| Page Range | 9046-9047 | |
| FR Document | 2018-04211 |
[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)] [Notices] [Pages 9046-9047] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04211] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82775; File No. SR-NASDAQ-2018-014] Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Update Rule 4758 To Reflect the Name Change of NYSE MKT to NYSE American February 26, 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 February 14, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' 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 update Rule 4758 to reflect the name change of NYSE MKT to NYSE American. 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 purpose of the proposed change is to update Rule 4758 to reflect the name change of NYSE MKT to NYSE American. Rule 4758 concerns order routing and paragraph (1)(A) thereunder provides various routing options market participants may choose for their orders. The DOT,\3\ DOTI,\4\ and LIST \5\ routing options allow a market participant to route its orders to NYSE MKT. Effective on July 24, 2017, NYSE MKT was renamed NYSE American.\6\ Accordingly, the Exchange is proposing to make a technical change to Rule 4758 to reflect the new name of NYSE MKT--NYSE American. --------------------------------------------------------------------------- \3\ See Rule 4758(a)(1)(A)(i). \4\ See Rule 4758(a)(1)(A)(ii). \5\ See Rule 4758(a)(1)(A)(x). \6\ See Securities Exchange Act Release No. 80283 (March 21, 2017), 82 FR 15244 (March 27, 2017) (SR-NYSEMKT-2017-14); see also Member Education Bulletin, NYSE MKT Number 17-01, July 14, 2017, available at https://www.nyse.com/publicdocs/nyse/markets/nyse-american/rule-interpretations/2017/NYSE%20MKT%20MEB%2017-01%20NYSE%20MKT%20American%20Transition.pdf. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act \7\ in general, and furthers the objectives of Section 6(b)(5) of the Act \8\ in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest, by avoiding market participant confusion that may be caused by having an inaccurate national securities exchange name referenced in the Exchange's rulebook. --------------------------------------------------------------------------- \7\ 15 U.S.C. 78f(b). \8\ 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 change will make a technical change to Rule 4758 to reflect the accurate name of a national securities exchange. As such, the Exchange does not believe that the proposal will place any burden on competition whatsoever. [[Page 9047]] 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 The proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(3) \10\ thereunder in that the proposed rule change is concerned solely with the administration of the Exchange. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(3)(A). \10\ 17 CFR 240.19b-4(f)(3). --------------------------------------------------------------------------- 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: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NASDAQ-2018-014 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-2018-014. 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-2018-014 and should be submitted on or before March 23, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\11\ --------------------------------------------------------------------------- \11\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-04211 Filed 3-1-18; 8:45 am] BILLING CODE 8011-01-P
![9046 Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Notices
filing also will be available for For the Commission, by the Division of A. Self-Regulatory Organization’s
inspection and copying at the principal Trading and Markets, pursuant to delegated Statement of the Purpose of, and
office of NSCC and on DTCC’s website authority.68 Statutory Basis for, the Proposed Rule
(http://dtcc.com/legal/sec-rule- Brent J. Fields, Change
filings.aspx). All comments received Secretary.
will be posted without change. Persons [FR Doc. 2018–04238 Filed 3–1–18; 8:45 am]
1. Purpose
submitting comments are cautioned that BILLING CODE 8011–01–P The purpose of the proposed change
we do not redact or edit personal is to update Rule 4758 to reflect the
identifying information from comment name change of NYSE MKT to NYSE
submissions. You should submit only SECURITIES AND EXCHANGE American. Rule 4758 concerns order
information that you wish to make COMMISSION routing and paragraph (1)(A) thereunder
available publicly. All submissions
[Release No. 34–82775; File No. SR– provides various routing options market
should refer to File Number SR–NSCC– NASDAQ–2018–014] participants may choose for their orders.
2017–020 and should be submitted on
The DOT,3 DOTI,4 and LIST 5 routing
or before March 23, 2018. Self-Regulatory Organizations; The options allow a market participant to
IV. Accelerated Approval of Proposed Nasdaq Stock Market LLC; Notice of route its orders to NYSE MKT. Effective
Rule Change, as Modified by Filing and Immediate Effectiveness of on July 24, 2017, NYSE MKT was
Amendment No. 1 Proposed Rule Change To Update Rule renamed NYSE American.6
4758 To Reflect the Name Change of Accordingly, the Exchange is proposing
The Commission finds good cause to NYSE MKT to NYSE American
approve the proposed rule change, as to make a technical change to Rule 4758
modified by Amendment No. 1, prior to February 26, 2018. to reflect the new name of NYSE MKT—
the thirtieth day after the date of Pursuant to Section 19(b)(1) of the NYSE American.
publication of the notice of Amendment Securities Exchange Act of 1934 2. Statutory Basis
No. 1 in the Federal Register. As (‘‘Act’’),1 and Rule 19b–4 thereunder,2
discussed above, NSCC submitted notice is hereby given that on February The Exchange believes that its
Amendment No. 1 to replace in its 14, 2018, The Nasdaq Stock Market LLC proposal is consistent with Section 6(b)
entirety the originally filed confidential (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the of the Act 7 in general, and furthers the
Exhibit 3a with a new confidential Securities and Exchange Commission objectives of Section 6(b)(5) of the Act 8
Exhibit 3a in order to remove references (‘‘Commission’’) the proposed rule in particular, in that it is designed to
to a practice that was not intended for change as described in Items I and II promote just and equitable principles of
consideration as part of the filing. The below, which Items have been prepared trade, to remove impediments to and
Commission believes that Amendment by the Exchange. The Commission is perfect the mechanism of a free and
No. 1 does not raise any novel issues or publishing this notice to solicit open market and a national market
alter the proposed changes in any way. comments on the proposed rule change system, and, in general to protect
In addition, the Commission finds that from interested persons. investors and the public interest, by
the proposed rule change, as modified avoiding market participant confusion
by Amendment No. 1, is consistent with I. Self-Regulatory Organization’s
Statement of the Terms of Substance of that may be caused by having an
the Exchange Act and applicable rules inaccurate national securities exchange
thereunder for the reasons discussed the Proposed Rule Change
name referenced in the Exchange’s
above. Accordingly, the Commission The Exchange proposes to update rulebook.
finds good cause to approve the Rule 4758 to reflect the name change of
proposed rule change, as modified by NYSE MKT to NYSE American. B. Self-Regulatory Organization’s
Amendment No. 1, on an accelerated The text of the proposed rule change Statement on Burden on Competition
basis, pursuant to Section 19(b)(2) of the is available on the Exchange’s website at
Exchange Act.65 http://nasdaq.cchwallstreet.com, at the The Exchange does not believe that
principal office of the Exchange, and at the proposed rule change will impose
V. Conclusion any burden on competition not
the Commission’s Public Reference
On the basis of the foregoing, the Room. necessary or appropriate in furtherance
Commission finds that the proposed of the purposes of the Act. The
rule change, as modified by Amendment II. Self-Regulatory Organization’s proposed change will make a technical
No. 1, is consistent with the Statement of the Purpose of, and change to Rule 4758 to reflect the
requirements of the Exchange Act, in Statutory Basis for, the Proposed Rule accurate name of a national securities
particular, with the requirements of Change exchange. As such, the Exchange does
Section 17A of the Exchange Act 66 and In its filing with the Commission, the not believe that the proposal will place
the rules and regulations thereunder. Exchange included statements any burden on competition whatsoever.
It is therefore ordered, pursuant to concerning the purpose of and basis for
Section 19(b)(2) of the Exchange Act,67 the proposed rule change and discussed 3 See Rule 4758(a)(1)(A)(i).
that proposed rule change SR–NSCC– any comments it received on the 4 See Rule 4758(a)(1)(A)(ii).
2017–020, as modified by Amendment proposed rule change. The text of these 5 See Rule 4758(a)(1)(A)(x).
6 See Securities Exchange Act Release No. 80283
No. 1, be, and it hereby is, approved on statements may be examined at the (March 21, 2017), 82 FR 15244 (March 27, 2017)
an accelerated basis. places specified in Item IV below. The
daltland on DSKBBV9HB2PROD with NOTICES
(SR–NYSEMKT–2017–14); see also Member
Exchange has prepared summaries, set Education Bulletin, NYSE MKT Number 17–01, July
65 15 U.S.C. 78s(b)(2). forth in sections A, B, and C below, of 14, 2017, available at https://www.nyse.com/
66 Inapproving this proposed rule change, the publicdocs/nyse/markets/nyse-american/rule-
Commission has considered the proposed rule’s
the most significant aspects of such interpretations/2017/
impact on efficiency, competition, and capital statements. NYSE%20MKT%20MEB%2017-01%20NYSE
formation. See 15 U.S.C. 78c(f). %20MKT%20American%20Transition.pdf.
67 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). 7 15 U.S.C. 78f(b).
68 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 8 15 U.S.C. 78f(b)(5).
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![Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Notices 9047
C. Self-Regulatory Organization’s Commission, and all written thereunder,4 which renders it effective
Statement on Comments on the communications relating to the upon filing with the Commission. The
Proposed Rule Change Received From proposed rule change between the Commission is publishing this notice to
Members, Participants, or Others Commission and any person, other than solicit comments on the proposed rule
No written comments were either those that may be withheld from the change from interested persons.
solicited or received. public in accordance with the
provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s
III. Date of Effectiveness of the available for website viewing and Statement of the Terms of Substance of
Proposed Rule Change and Timing for printing in the Commission’s Public the Proposed Rule Change
Commission Action Reference Room, 100 F Street NE, The Exchange filed a proposal to
The proposed rule change has become Washington, DC 20549 on official introduce a new data feed on its equity
effective pursuant to Section 19(b)(3)(A) business days between the hours of options platform (‘‘BZX Options’’) to be
of the Act 9 and Rule 19b–4(f)(3) 10 10:00 a.m. and 3:00 p.m. Copies of the known as BZX Options Top.
thereunder in that the proposed rule filing also will be available for The text of the proposed rule change
change is concerned solely with the inspection and copying at the principal is available at the Exchange’s website at
administration of the Exchange. office of the Exchange. All comments www.markets.cboe.com, at the principal
At any time within 60 days of the received will be posted without change. office of the Exchange, and at the
filing of the proposed rule change, the Persons submitting comments are Commission’s Public Reference Room.
Commission summarily may cautioned that we do not redact or edit
temporarily suspend such rule change if personal identifying information from II. Self-Regulatory Organization’s
it appears to the Commission that such comment submissions. You should Statement of the Purpose of, and
action is: (i) Necessary or appropriate in submit only information that you wish Statutory Basis for, the Proposed Rule
the public interest; (ii) for the protection to make available publicly. All Change
of investors; or (iii) otherwise in submissions should refer to File In its filing with the Commission, the
furtherance of the purposes of the Act. Number SR–NASDAQ–2018–014 and Exchange included statements
If the Commission takes such action, the should be submitted on or before March concerning the purpose of and basis for
Commission shall institute proceedings 23, 2018. the proposed rule change and discussed
to determine whether the proposed rule For the Commission, by the Division of any comments it received on the
should be approved or disapproved. Trading and Markets, pursuant to delegated proposed rule change. The text of these
authority.11 statements may be examined at the
IV. Solicitation of Comments
Eduardo A. Aleman, places specified in Item IV below. The
Interested persons are invited to Assistant Secretary. Exchange has prepared summaries, set
submit written data, views, and [FR Doc. 2018–04211 Filed 3–1–18; 8:45 am] forth in Sections A, B, and C below, of
arguments concerning the foregoing, BILLING CODE 8011–01–P the most significant parts of such
including whether the proposed rule statements.
change is consistent with the Act.
Comments may be submitted by any of SECURITIES AND EXCHANGE (A) Self-Regulatory Organization’s
the following methods: COMMISSION Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Electronic Comments [Release No. 34–82776; File No. SR– Change
• Use the Commission’s internet CboeBZX–2018–013]
comment form (http://www.sec.gov/ 1. Purpose
Self-Regulatory Organizations; Cboe
rules/sro.shtml); or The Exchange proposes to introduce a
• Send an email to rule-comments@ BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a new data feed on BZX Options to be
sec.gov. Please include File Number SR– known as BZX Options Top. The
NASDAQ–2018–014 on the subject line. Proposed Rule Change To Introduce a
New Data Feed on the Exchange’s Exchange also proposes to amend
Paper Comments Equity Options Platform Exchange Rule 21.15(b) to add a
description of the BZX Options Top
• Send paper comments in triplicate February 26, 2018. feed and to change the name of the
to Secretary, Securities and Exchange Pursuant to Section 19(b)(1) of the Multicast PITCH feed to BZX Options
Commission, 100 F Street NE, Securities Exchange Act of 1934 Depth.
Washington, DC 20549–1090. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 A description of each market data
All submissions should refer to File notice is hereby given that on February product offered by the Exchange is
Number SR–NASDAQ–2018–014. This 20, 2018, Cboe BZX Exchange, Inc. described in Exchange Rule 21.15(b).
file number should be included on the (‘‘Exchange’’ or ‘‘BZX’’) filed with the The Exchange proposes to amend Rule
subject line if email is used. To help the Securities and Exchange Commission 21.15(b) to introduce and add a
Commission process and review your (‘‘Commission’’) the proposed rule description of the BZX Options Top
comments more efficiently, please use change as described in Items I and II feed to Exchange under subparagraph
only one method. The Commission will below, which Items have been prepared (2).5 The BZX Options Top feed would
post all comments on the Commission’s by the Exchange. The Exchange has be described as ‘‘a data feed that offers
internet website (http://www.sec.gov/ designated this proposal as a ‘‘non- top of book quotations and execution
rules/sro.shtml). Copies of the controversial’’ proposed rule change
daltland on DSKBBV9HB2PROD with NOTICES
information based on options orders
submission, all subsequent pursuant to Section 19(b)(3)(A) of the entered into the System.’’ 6 The
amendments, all written statements Act 3 and Rule 19b–4(f)(6)(iii)
with respect to the proposed rule 4 17CFR 240.19b–4(f)(6)(iii).
change that are filed with the 11 17 CFR 200.30–3(a)(12). 5 The Exchange also proposes to renumber
1 15 U.S.C. 78s(b)(1).
current subparagraph (2) as (3) and current
9 15 U.S.C. 78s(b)(3)(A). 2 17 CFR 240.19b–4. subparagraph (3) as (4).
10 17 CFR 240.19b–4(f)(3). 3 15 U.S.C. 78s(b)(3)(A). 6 Exchange Rule 21.15(b)(2).
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Document Created: 2018-03-01 23:57:02
Document Modified: 2018-03-01 23:57:02
| 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 9046 |
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