Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Clarify the Requirements for Delivery of a Contrary Exercise Advice, 14703-14705 [2018-06912]
Download as PDF
Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Notices
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEArca–2017–99 on the subject line.
amozie on DSK30RV082PROD with NOTICES
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–NYSEArca–2017–99. 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 (https://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–NYSEArca–2017–99, and
should be submitted on or before April
26, 2018.
V. Accelerated Approval of Proposed
Rule Change, as Modified by
Amendment No. 3
The Commission finds good cause to
approve the proposed rule change, as
modified by Amendment No. 3, prior to
the thirtieth day after the date of
publication of notice of the filing of
Amendment No. 3 in the Federal
Register. The Commission notes that
Amendment No. 3 clarified the
application of NYSE Arca Rule 8.600–E
to the Fund’s investments. Amendment
No. 3 also provided other clarifications
and additional information to the
proposed rule change. The changes and
additional information in Amendment
No. 3 assisted the Commission in
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18:33 Apr 04, 2018
Jkt 244001
finding that the proposal is consistent
with the Act. Accordingly, the
Commission finds good cause, pursuant
to Section 19(b)(2) of the Act,34 to
approve the proposed rule change, as
modified by Amendment No. 3, on an
accelerated basis.
VI. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,35 that the
proposed rule change (SR–NYSEArca–
2017–99), as modified by Amendment
No. 3 be, and hereby is, approved on an
accelerated basis.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.36
Eduardo Aleman,
Assistant Secretary.
[FR Doc. 2018–06914 Filed 4–4–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82969; File No. SR–
NASDAQ–2018–024]
Self-Regulatory Organizations; The
Nasdaq Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Clarify the
Requirements for Delivery of a
Contrary Exercise Advice
March 30, 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 March 20,
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, II, and
III below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
rules of the Nasdaq Options Market LLC
(‘‘NOM’’), at Chapter VIII, Exercises and
Deliveries.
The text of the proposed rule change
is available on the Exchange’s website at
https://nasdaq.cchwallstreet.com, at the
principal office of the Exchange, and at
34 15
U.S.C. 78s(b)(2).
35 Id.
36 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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14703
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 correct
Chapter VIII, Exercises and Deliveries,
Section 1, Exercise of Options Contracts,
to clarify the requirements for delivery
of a Contrary Exercise Advice. Section
1(b) currently provides that option
holders desiring to exercise or not
exercise expiring options must either (i)
take no action and allow exercise
determinations to be made in
accordance with the Options Clearing
Corporation’s Ex-by-Ex procedure where
applicable, or (ii) submit a ‘‘Contrary
Exercise Advice’’ to the Options
Clearing Corporation through the
participant’s clearing firm. In actual
practice, however, an option holder
delivers a Contrary Exchange Advice to
the Exchange, not to the Options
Clearing Corporation. The Exchange
therefore proposes to replace the words
‘‘Options Clearing Corporation through
the participants clearing firm’’ in
Section 1(b)(ii) with a reference to the
Exchange and make similar, conforming
changes to Section 1(e)(i). As amended,
Section 1(b) would be consistent with
Nasdaq ISE Rule 1100(b) which directs
option holders to submit Contrary
Exercise Advices to the Exchange (not to
the Options Clearing Corporation).
The Exchange proposes to further
replace the words ‘‘by the deadline
specified in paragraph (d) below’’ with
the words ‘‘as specified in paragraph (d)
below’’ given that paragraph (d)
contains a number of requirements
associated with submission of Contrary
Exercise Advices in addition to the
deadline. As revised, Section (b)(ii)
tracks the language of ISE Rule
1100(b)(ii) which permits an options
holder desiring to exercise or not
E:\FR\FM\05APN1.SGM
05APN1
14704
Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Notices
exercise expiring options to ‘‘submit a
‘‘Contrary Exercise Advice’’ to the
Exchange as specified in paragraph (d)
. . . .’’ (which, like the counterpart
NOM paragraph (d) rule, specifies
various requirements associated with
submitting Contrary Exercise Advices).
Finally, the Exchange proposes to
make a number of nonsubstantive
revisions to Chapter VIII which are
designed simply to facilitate
administration of the rules. References
to ‘‘NOM’’ and to ‘‘Nasdaq Regulation’’
are proposed to be replaced with
references to ‘‘the Exchange.’’ 3
Substituting the word ‘‘Exchange’’ for
NOM in various places will provide the
Exchange flexibility to determine the
most appropriate department or
individual within the Exchange to
oversee the particular rule, and will also
facilitate the incorporation by reference
of the amended rule into the rules of
NOM’s affiliated exchanges in the
future.4
2. Statutory Basis
amozie on DSK30RV082PROD with NOTICES
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,5 in general, and furthers the
objectives of Section 6(b)(5) of the Act,6
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
identifying the correct entity to which
option holders must deliver Contrary
Exercise Advices and by substituting the
word ‘‘Exchange’’ for NOM in various
places which will enable the amended
rule to be incorporated by reference into
rules of affiliated exchanges in the
future, which should enhance the
ability of members of NOM and
affiliated exchanges to understand and
3 The changes are proposed to be made in Section
1(b), (d), (e), (f), (g), (h), (i) (k) and (l), as well as
in Section 2(a) and (b), of Chapter VIII. The
Exchange notes that Chapter 11, Exercises and
Deliveries, of the ISE Rulebook likewise uses the
generic term ‘‘the Exchange’’ throughout that
chapter.
4 Recently, the Exchange added a shell structure
to its Rulebook with the purpose of improving
efficiency and readability and to align its rules
closer to those of its five sister exchanges, Nasdaq
BX, Inc.; Nasdaq PHLX LLC; Nasdaq ISE, LLC;
Nasdaq GEMX, LLC; and Nasdaq MRX, LLC
(‘‘Affiliated Exchanges’’). See Securities Exchange
Act Release No. 82175 (November 29, 2017), 82 FR
57494 (December 5, 2017) (SR–NASDAQ–2017–
125). The changes proposed herein are being made
in connection with that effort, to align the NOM
rules with those of the Affiliated Exchanges more
closely.
5 15 U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(5).
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18:33 Apr 04, 2018
Jkt 244001
comply with a uniform set of rules
across the exchanges.
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 rule changes will apply
equally to all option holders desiring to
exercise options under the NOM rules.
Further, the proposed changes merely
correct an incorrect reference to OCC
and conform the wording of the rule
more closely to that of a NOM rule for
the sake of administrative convenience.
The Exchange does not intend for or
expect that such changes will have any
impact on competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A)(iii) of the Act 7 and
subparagraph (f)(6) of Rule 19b–4
thereunder.8
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.
7 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
8 17
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Frm 00083
Fmt 4703
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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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2018–024 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–2018–024. 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 (https://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–2018–024, and
should be submitted on or before April
26, 2018.
E:\FR\FM\05APN1.SGM
05APN1
Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Eduardo Aleman,
Assistant Secretary.
unclassified, contains business information
submitted to the Department of State by the
applicant, publication of which could cause
competitive harm to the United States firm
concerned.
[FR Doc. 2018–06912 Filed 4–4–18; 8:45 am]
Sincerely,
BILLING CODE 8011–01–P
Charles S. Faulkner,
14705
Sincerely,
Charles S. Faulkner,
Bureau of Legislative Affairs.
Enclosure: Transmittal No. DDTC 16–123.
Sep 07, 2017
Bureau of Legislative Affairs.
Honorable Paul D. Ryan, Speaker of the
House of Representatives.
DEPARTMENT OF STATE
Enclosure: Transmittal No. DDTC 16–091.
Dear Mr. Speaker:
[Public Notice 10377]
Sep 12 2017
Pursuant to Section 36(d) of the Arms
Export Control Act, I am transmitting
certification of a proposed license for the
export of defense articles, including technical
data, and defense services for the
manufacture of significant military
equipment abroad.
The transaction contained in the attached
certification involves the export of technical
data, defense services, and manufacturing
know-how to the Republic of Korea to
support the design and manufacture of
Controllable Pitch Propellers and Shafting
Systems for the Korean KDX–III Batch II
Destroyer program.
The United States government is prepared
to license the export of these items having
taken into account political, military,
economic, human rights, and arms control
considerations.
More detailed information is contained in
the formal certification which, though
unclassified, contains business information
submitted to the Department of State by the
applicant, publication of which could cause
competitive harm to the United States firm
concerned.
Honorable Paul D. Ryan, Speaker of the
House of Representatives.
Notifications of Proposed Export
Licenses to the Congress
Dear Mr. Speaker:
Department of State.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the Department of State has forwarded
the attached Notifications of Proposed
Export Licenses to the Congress on the
dates indicated on the attachments.
Applicable Date: As shown on each of
the 39 letters.
FOR FURTHER INFORMATION CONTACT: Mr.
Anthony M. Dearth Directorate of
Defense Trade Controls, Department of
State, telephone (202) 663–2836; e-mail
DDTCResponseTeam@state.gov. ATTN:
Congressional Notification of Licenses.
SUPPLEMENTARY INFORMATION: Pursuant
to sections 36(c) and 36(d), and in
compliance with section 36(f), of the
Arms Export Control Act. Section 36(f)
of the Arms Export Control Act (22
U.S.C. 2776) mandates that notifications
to the Congress pursuant to sections
36(c) and 36(d) must be published in a
timely manner in the Federal Register,
upon transmittal to Congress.
amozie on DSK30RV082PROD with NOTICES
SUMMARY:
Following are such notifications to the
Congress:
July 03, 2017
Honorable Paul D. Ryan, Speaker of the
House of Representatives.
Dear Mr. Speaker:
Pursuant to Section 36(c) of the Arms
Export Control Act, I am transmitting
certification of a proposed license for the
export of defense articles, including technical
data, and defense services in the amount of
$50,000,000 or more.
The transaction contained in the attached
certification involves the continued export of
defense articles, including technical data,
and defense services for the operational
support, maintenance, and overhaul of F110–
GE–100/100B/129/129B/129C/129D/129E/
132/132A aircraft engines, used in F–15 and
F–16 aircraft to the Republic of Turkey.
The United States government is prepared
to license the export of these items having
taken into account political, military,
economic, human rights, and arms control
considerations.
More detailed information is contained in
the formal certification which, though
9 17
CFR 200.30–3(a)(12).
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18:33 Apr 04, 2018
Jkt 244001
Pursuant to Section 36(c) of the Arms
Export Control Act, I am transmitting
certification of a proposed license for the
export of firearms, parts, and components
abroad controlled under Category I of the
United States Munitions List in the amount
of $1,000,000 or more.
The transaction contained in the attached
certification involves the export of various
machine guns and spare barrels to the United
Arab Emirates.
The United States government is prepared
to license the export of these items having
taken into account political, military,
economic, human rights, and arms control
considerations.
More detailed information is contained in
the formal certification which, though
unclassified, contains business information
submitted to the Department of State by the
applicant, publication of which could cause
competitive harm to the United States firm
concerned.
Sincerely,
Charles S. Faulkner,
Charles S. Faulkner,
Bureau of Legislative Affairs.
Bureau of Legislative Affairs.
Enclosure: Transmittal No. DDTC 16–124.
Enclosure: Transmittal No. DDTC 16–117.
Jul 10, 2017
Honorable Paul D. Ryan, Speaker of the
House of Representatives.
Dear Mr. Speaker:
Pursuant to Section 36(c) of the Arms
Export Control Act, I am transmitting
certification of a proposed license for the
export of firearms, parts, and accessories
abroad controlled under Category I of the
United States Munitions List in the amount
of $1,000,000 or more.
The transaction contained in the attached
certification involves the export of M16A4
rifles, spare parts, accessories, and training to
the United Arab Emirates.
The United States government is prepared
to license the export of these items having
taken into account political, military,
economic, human rights, and arms control
considerations.
More detailed information is contained in
the formal certification which, though
unclassified, contains business information
submitted to the Department of State by the
applicant, publication of which could cause
competitive harm to the United States firm
concerned.
PO 00000
Frm 00084
Sincerely,
Fmt 4703
Sfmt 4703
Jul 10, 2017
Honorable Paul D. Ryan, Speaker of the
House of Representatives.
Dear Mr. Speaker:
Pursuant to Section 36(c) of the Arms
Export Control Act, I am transmitting
certification of a proposed license for the
export of firearms, parts, and components
abroad controlled under Category I of the
United States Munitions List in the amount
of $1,000,000 or more.
The transaction contained in the attached
certification involves the export of M4A1
carbines with flash and sound suppressors,
associated components and equipment to the
Republic of Tunisia.
The United States government is prepared
to license the export of these items having
taken into account political, military,
economic, human rights, and arms control
considerations.
More detailed information is contained in
the formal certification which, though
unclassified, contains business information
submitted to the Department of State by the
applicant, publication of which could cause
competitive harm to the United States firm
concerned.
E:\FR\FM\05APN1.SGM
05APN1
Agencies
[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Notices]
[Pages 14703-14705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06912]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-82969; File No. SR-NASDAQ-2018-024]
Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Clarify the Requirements for Delivery of a Contrary Exercise Advice
March 30, 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 March 20, 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, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the rules of the Nasdaq Options
Market LLC (``NOM''), at Chapter VIII, Exercises and Deliveries.
The text of the proposed rule change is available on the Exchange's
website at https://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 correct Chapter VIII, Exercises and
Deliveries, Section 1, Exercise of Options Contracts, to clarify the
requirements for delivery of a Contrary Exercise Advice. Section 1(b)
currently provides that option holders desiring to exercise or not
exercise expiring options must either (i) take no action and allow
exercise determinations to be made in accordance with the Options
Clearing Corporation's Ex-by-Ex procedure where applicable, or (ii)
submit a ``Contrary Exercise Advice'' to the Options Clearing
Corporation through the participant's clearing firm. In actual
practice, however, an option holder delivers a Contrary Exchange Advice
to the Exchange, not to the Options Clearing Corporation. The Exchange
therefore proposes to replace the words ``Options Clearing Corporation
through the participants clearing firm'' in Section 1(b)(ii) with a
reference to the Exchange and make similar, conforming changes to
Section 1(e)(i). As amended, Section 1(b) would be consistent with
Nasdaq ISE Rule 1100(b) which directs option holders to submit Contrary
Exercise Advices to the Exchange (not to the Options Clearing
Corporation).
The Exchange proposes to further replace the words ``by the
deadline specified in paragraph (d) below'' with the words ``as
specified in paragraph (d) below'' given that paragraph (d) contains a
number of requirements associated with submission of Contrary Exercise
Advices in addition to the deadline. As revised, Section (b)(ii) tracks
the language of ISE Rule 1100(b)(ii) which permits an options holder
desiring to exercise or not
[[Page 14704]]
exercise expiring options to ``submit a ``Contrary Exercise Advice'' to
the Exchange as specified in paragraph (d) . . . .'' (which, like the
counterpart NOM paragraph (d) rule, specifies various requirements
associated with submitting Contrary Exercise Advices).
Finally, the Exchange proposes to make a number of nonsubstantive
revisions to Chapter VIII which are designed simply to facilitate
administration of the rules. References to ``NOM'' and to ``Nasdaq
Regulation'' are proposed to be replaced with references to ``the
Exchange.'' \3\ Substituting the word ``Exchange'' for NOM in various
places will provide the Exchange flexibility to determine the most
appropriate department or individual within the Exchange to oversee the
particular rule, and will also facilitate the incorporation by
reference of the amended rule into the rules of NOM's affiliated
exchanges in the future.\4\
---------------------------------------------------------------------------
\3\ The changes are proposed to be made in Section 1(b), (d),
(e), (f), (g), (h), (i) (k) and (l), as well as in Section 2(a) and
(b), of Chapter VIII. The Exchange notes that Chapter 11, Exercises
and Deliveries, of the ISE Rulebook likewise uses the generic term
``the Exchange'' throughout that chapter.
\4\ Recently, the Exchange added a shell structure to its
Rulebook with the purpose of improving efficiency and readability
and to align its rules closer to those of its five sister exchanges,
Nasdaq BX, Inc.; Nasdaq PHLX LLC; Nasdaq ISE, LLC; Nasdaq GEMX, LLC;
and Nasdaq MRX, LLC (``Affiliated Exchanges''). See Securities
Exchange Act Release No. 82175 (November 29, 2017), 82 FR 57494
(December 5, 2017) (SR-NASDAQ-2017-125). The changes proposed herein
are being made in connection with that effort, to align the NOM
rules with those of the Affiliated Exchanges more closely.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\5\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\6\ 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 identifying the correct entity to which option holders must deliver
Contrary Exercise Advices and by substituting the word ``Exchange'' for
NOM in various places which will enable the amended rule to be
incorporated by reference into rules of affiliated exchanges in the
future, which should enhance the ability of members of NOM and
affiliated exchanges to understand and comply with a uniform set of
rules across the exchanges.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 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 rule changes will
apply equally to all option holders desiring to exercise options under
the NOM rules. Further, the proposed changes merely correct an
incorrect reference to OCC and conform the wording of the rule more
closely to that of a NOM rule for the sake of administrative
convenience. The Exchange does not intend for or expect that such
changes will have any impact on competition.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \7\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\8\
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\7\ 15 U.S.C. 78s(b)(3)(A)(iii).
\8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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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 Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-NASDAQ-2018-024 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-2018-024. 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 (https://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-2018-024, and should be submitted
on or before April 26, 2018.
[[Page 14705]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Eduardo Aleman,
Assistant Secretary.
[FR Doc. 2018-06912 Filed 4-4-18; 8:45 am]
BILLING CODE 8011-01-P