Order Granting Applications by Nasdaq ISE, LLC, Nasdaq GEMX, LLC, and Nasdaq MRX, LLC for Exemption Pursuant to Section 36(a) of the Exchange Act From the Rule Filing Requirements of Section 19(b) of the Exchange Act With Respect to Certain Rules Incorporated by Reference, 42722-42723 [2018-18278]
Download as PDF
42722
Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices
The Exchange is obligated to ensure that
the amount of regulatory revenue
collected from the ORF, in combination
with its other regulatory fees and fines,
does not exceed regulatory costs.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 13 and paragraph (f) of Rule
19b–4 thereunder.14 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:
daltland on DSKBBV9HB2PROD with NOTICES
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 No. SR–
CboeEDGX–2018–033 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 No.
SR–CboeEDGX–2018–033. 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 No.
SR–CboeEDGX–2018–033, and should
be submitted on or before September 13,
2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–18165 Filed 8–22–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83887]
Order Granting Applications by
Nasdaq ISE, LLC, Nasdaq GEMX, LLC,
and Nasdaq MRX, LLC for Exemption
Pursuant to Section 36(a) of the
Exchange Act From the Rule Filing
Requirements of Section 19(b) of the
Exchange Act With Respect to Certain
Rules Incorporated by Reference
August 20, 2018.
Nasdaq ISE, LLC (‘‘ISE’’), Nasdaq
GEMX, LLC (‘‘GEMX’’), and Nasdaq
MRX, LLC (‘‘MRX’’) (each, a ‘‘Nasdaq
Exchange,’’ and collectively, the
‘‘Nasdaq Exchanges’’) have filed with
the Securities and Exchange
Commission (‘‘Commission’’) an
application for an exemption under
Section 36(a)(1) of the Securities
Exchange Act of 1934 (‘‘Exchange
Act’’) 1 from the rule filing requirements
of Section 19(b) of the Exchange Act 2
with respect to certain rules of Nasdaq
BX, Inc. (‘‘BX’’), an affiliate of the
15 17
CFR 200.30–3(a)(12).
U.S.C. 78mm(a)(1).
2 15 U.S.C. 78s(b).
13 15
U.S.C. 78s(b)(3)(A).
14 17 CFR 240.19b–4(f).
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19:43 Aug 22, 2018
1 15
Jkt 244001
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Fmt 4703
Sfmt 4703
Nasdaq Exchanges, that the Nasdaq
Exchanges seek to incorporate by
reference.3 Section 36 of the Exchange
Act authorizes the Commission to
conditionally or unconditionally
exempt any person, security, or
transaction, or any class thereof, from
any provision of the Exchange Act or
rule thereunder, if necessary or
appropriate in the public interest and
consistent with the protection of
investors.
Recently, the Nasdaq Exchanges each
filed a proposed rule change 4 under
Section 19(b) of the Exchange Act to
largely replace their existing
investigatory, disciplinary, and
adjudicatory rules with those contained
in the BX Rule 8000 and 9000 Series, as
such rules may be in effect from time to
time. In the proposed rule changes, the
Nasdaq Exchanges proposed to
incorporate by reference the BX Rule
8000 and 9000 Series into new Chapters
80 and 90 of their respective rulebooks,
and thus make these BX Rules
applicable to their members, associated
persons, and other persons subject to
their jurisdiction. When the proposed
rule changes become operative, Nasdaq
Exchange members, associated persons,
and other persons subject to the
jurisdiction of the Nasdaq Exchanges
will be required to comply with the BX
Rule 8000 and 9000 Series as though
such rules are fully set forth within each
of the Nasdaq Exchange’s rulebooks.
The Nasdaq Exchanges have
requested, pursuant to Rule 0–12 under
the Exchange Act,5 that the Commission
grant the Nasdaq Exchanges an
exemption from the rule filing
requirements of Section 19(b) of the
Exchange Act for changes to each of the
Nasdaq Exchange’s rules that are
effected solely by virtue of a change to
the BX Rule 8000 and 9000 Series that
are incorporated by reference.
Specifically, the Nasdaq Exchanges
request that they be permitted to
incorporate by reference changes made
to the BX Rule 8000 and 9000 Series
that are cross-referenced in each of the
Nasdaq Exchange’s rules, without the
need for each Nasdaq Exchange to file
separately the same proposed rule
changes pursuant to Section 19(b) of the
Exchange Act.6
3 See Letter from Brett M. Kitt, Senior Associate
General Counsel, Nasdaq Inc., to Brent Fields,
Secretary, Commission, dated July 16, 2018
(‘‘Exemptive Request’’).
4 See Securities Exchange Act Release Nos. 83703
(July 25, 2018) (SR–ISE–2018–59); 83704 (July 25,
2018) (SR–GEMX–2018–24); and 83705 (July 25,
2018) (SR–MRX–2018–23).
5 17 CFR 240.0–12.
6 See Exemptive Request, supra note 3, at 2.
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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
The Nasdaq Exchanges represent that
the BX Rule 8000 and 9000 Series are
not trading rules. Moreover, the Nasdaq
Exchanges state that in each instance,
the Nasdaq Exchanges propose to
incorporate by reference categories of
rules (rather than individual rules
within a category) that are regulatory in
nature. The Nasdaq Exchanges will, as
a condition of this exemption, provide
written notice to their members
whenever BX proposes a change to its
Rule 8000 and 9000 Series.7 Such notice
will alert the members of each Nasdaq
Exchange to the proposed rule change
and give them an opportunity to
comment on the proposal. The Nasdaq
Exchanges state that they will also
inform members in writing when the
Commission approves any such
proposed changes.8
The Nasdaq Exchanges believe this
exemption is necessary and appropriate,
because it will result in the Nasdaq
Exchanges’ rules being consistent with
the relevant cross-referenced BX rules at
all times, thus ensuring that the Nasdaq
Exchanges and BX maintain a
harmonious system of investigating,
disciplining, and adjudicating the rights
of their respective members, associated
persons, and other persons subject to
their jurisdiction. Without such an
exemption, members of the Nasdaq
Exchanges and BX could become subject
to different standards for investigations
and disciplinary actions.9
The Commission has issued
exemptions similar to the Nasdaq
Exchanges’ request.10 In granting one
7 The Nasdaq Exchanges state that they will
provide such notice on their websites in the same
section they use to post their own proposed rule
change filings pursuant to Rule 19b–4(l) within the
timeframe required by such Rule. In addition, the
Nasdaq Exchanges state that their website will also
include a link to the BX website where the
proposed rule change filings are located. Id. at 3.
8 Id.
9 Id. at 2.
10 See, e.g., Securities Exchange Act Release Nos.
80338 (March 29, 2017), 82 FR 16464 (April 4,
2017) (order granting exemptive request from MIAX
PEARL, LLC relating to rules of Miami International
Securities Exchange, LLC incorporated by
reference); 72650 (July 22, 2014), 79 FR 44075 (July
29, 2014) (order granting exemptive requests from
NASDAQ OMX BX, Inc. and the NASDAQ Stock
Market LLC relating to rules of NASDAQ OMX
PHLX LLC incorporated by reference); 67256 (June
26, 2012), 77 FR 39277, 39286 (July 2, 2012) (order
approving SR–BX–2012–030 and granting
exemptive request relating to rules incorporated by
reference by the BX Options rules); 61534 (February
18, 2010), 75 FR 8760 (February 25, 2010) (order
granting BATS Exchange, Inc.’s exemptive request
relating to rules incorporated by reference by the
BATS Exchange Options Market rules) (‘‘BATS
Options Market Order’’); and 57478 (March 12,
2008), 73 FR 14521, 14539–40 (March 18, 2008)
(order approving SR–NASDAQ–2007–004 and SR–
NASDAQ–2007–080, and granting exemptive
request relating to rules incorporated by reference
by The NASDAQ Options Market).
VerDate Sep<11>2014
19:43 Aug 22, 2018
Jkt 244001
such exemption in 2010, the
Commission repeated a prior, 2004
Commission statement that it would
consider similar future exemption
requests from other self-regulatory
organizations (‘‘SROs’’), provided that:
• An SRO wishing to incorporate
rules of another SRO by reference has
submitted a written request for an order
exempting it from the requirement in
Section 19(b) of the Exchange Act to file
proposed rule changes relating to the
rules incorporated by reference, has
identified the applicable originating
SRO(s), together with the rules it wants
to incorporate by reference, and
otherwise has complied with the
procedural requirements set forth in the
Commission’s release governing
procedures for requesting exemptive
orders pursuant to Rule 0–12 under the
Exchange Act; 11
• The incorporating SRO has
requested incorporation of categories of
rules (rather than individual rules
within a category) that are not trading
rules (e.g., the SRO has requested
incorporation of rules such as margin,
suitability, or arbitration); and
• The incorporating SRO has
reasonable procedures in place to
provide written notice to its members
each time a change is proposed to the
incorporated rules of another SRO.12
The Commission believes that the
Nasdaq Exchanges have satisfied each of
these conditions. The Commission also
believes that granting the Nasdaq
Exchanges an exemption from the rule
filing requirements under Section 19(b)
of the Exchange Act will promote
efficient use of Commission and Nasdaq
Exchange resources by avoiding
duplicative rule filings based on
simultaneous changes to identical rule
text sought by more than one SRO.13
The Commission therefore finds it
appropriate in the public interest and
consistent with the protection of
investors to exempt the Nasdaq
Exchanges from the rule filing
requirements under Section 19(b) of the
Exchange Act with respect to the abovedescribed rules they have incorporated
by reference. This exemption is
11 See 17 CFR 240.0–12 and Securities Exchange
Act Release No. 39624 (February 5, 1998), 63 FR
8101 (February 18, 1998) (‘‘Commission Procedures
for Filing Applications for Orders for Exemptive
Relief Pursuant to Section 36 of the Exchange Act;
Final Rule’’).
12 See BATS Options Market Order, supra note 10
(citing Securities Exchange Act Release No. 49260
(February 17, 2004), 69 FR 8500 (February 24, 2004)
(order granting exemptive request relating to rules
incorporated by reference by several SROs) (‘‘2004
Order’’)).
13 See BATS Options Market Order, supra note
10, 75 FR at 8761; see also 2004 Order, supra note
12, 69 FR at 8502.
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
42723
conditioned upon the Nasdaq
Exchanges promptly providing written
notice to their members whenever the
BX changes a rule that the Nasdaq
Exchanges have incorporated by
reference.
Accordingly, it is ordered, pursuant to
Section 36 of the Exchange Act,14 that
the Nasdaq Exchanges are exempt from
the rule filing requirements of Section
19(b) of the Exchange Act solely with
respect to changes to the rules identified
in their request that incorporate by
reference certain BX rules that are the
result of changes to such BX rules,
provided that the Nasdaq Exchanges
promptly provide written notice to their
members whenever the BX proposes to
change a rule that the Nasdaq Exchanges
have incorporated by reference.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–18278 Filed 8–22–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83876; File No. SR–C2–
2018–017]
Self-Regulatory Organizations; Cboe
C2 Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend the Options
Regulatory Fee
August 17, 2018.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on August 9,
2018, Cboe C2 Exchange, Inc. (the
‘‘Exchange’’ or ‘‘C2’’) filed with the
Securities and Exchange Commission
(the ‘‘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 its
Fees Schedule relating to the Options
Regulatory Fee.
The text of the proposed rule change
is also available on the Exchange’s
14 15
U.S.C. 78mm.
CFR 200.30–3(a)(76).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
15 17
E:\FR\FM\23AUN1.SGM
23AUN1
Agencies
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Notices]
[Pages 42722-42723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18278]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-83887]
Order Granting Applications by Nasdaq ISE, LLC, Nasdaq GEMX, LLC,
and Nasdaq MRX, LLC for Exemption Pursuant to Section 36(a) of the
Exchange Act From the Rule Filing Requirements of Section 19(b) of the
Exchange Act With Respect to Certain Rules Incorporated by Reference
August 20, 2018.
Nasdaq ISE, LLC (``ISE''), Nasdaq GEMX, LLC (``GEMX''), and Nasdaq
MRX, LLC (``MRX'') (each, a ``Nasdaq Exchange,'' and collectively, the
``Nasdaq Exchanges'') have filed with the Securities and Exchange
Commission (``Commission'') an application for an exemption under
Section 36(a)(1) of the Securities Exchange Act of 1934 (``Exchange
Act'') \1\ from the rule filing requirements of Section 19(b) of the
Exchange Act \2\ with respect to certain rules of Nasdaq BX, Inc.
(``BX''), an affiliate of the Nasdaq Exchanges, that the Nasdaq
Exchanges seek to incorporate by reference.\3\ Section 36 of the
Exchange Act authorizes the Commission to conditionally or
unconditionally exempt any person, security, or transaction, or any
class thereof, from any provision of the Exchange Act or rule
thereunder, if necessary or appropriate in the public interest and
consistent with the protection of investors.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78mm(a)(1).
\2\ 15 U.S.C. 78s(b).
\3\ See Letter from Brett M. Kitt, Senior Associate General
Counsel, Nasdaq Inc., to Brent Fields, Secretary, Commission, dated
July 16, 2018 (``Exemptive Request'').
---------------------------------------------------------------------------
Recently, the Nasdaq Exchanges each filed a proposed rule change
\4\ under Section 19(b) of the Exchange Act to largely replace their
existing investigatory, disciplinary, and adjudicatory rules with those
contained in the BX Rule 8000 and 9000 Series, as such rules may be in
effect from time to time. In the proposed rule changes, the Nasdaq
Exchanges proposed to incorporate by reference the BX Rule 8000 and
9000 Series into new Chapters 80 and 90 of their respective rulebooks,
and thus make these BX Rules applicable to their members, associated
persons, and other persons subject to their jurisdiction. When the
proposed rule changes become operative, Nasdaq Exchange members,
associated persons, and other persons subject to the jurisdiction of
the Nasdaq Exchanges will be required to comply with the BX Rule 8000
and 9000 Series as though such rules are fully set forth within each of
the Nasdaq Exchange's rulebooks.
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release Nos. 83703 (July 25,
2018) (SR-ISE-2018-59); 83704 (July 25, 2018) (SR-GEMX-2018-24); and
83705 (July 25, 2018) (SR-MRX-2018-23).
---------------------------------------------------------------------------
The Nasdaq Exchanges have requested, pursuant to Rule 0-12 under
the Exchange Act,\5\ that the Commission grant the Nasdaq Exchanges an
exemption from the rule filing requirements of Section 19(b) of the
Exchange Act for changes to each of the Nasdaq Exchange's rules that
are effected solely by virtue of a change to the BX Rule 8000 and 9000
Series that are incorporated by reference. Specifically, the Nasdaq
Exchanges request that they be permitted to incorporate by reference
changes made to the BX Rule 8000 and 9000 Series that are cross-
referenced in each of the Nasdaq Exchange's rules, without the need for
each Nasdaq Exchange to file separately the same proposed rule changes
pursuant to Section 19(b) of the Exchange Act.\6\
---------------------------------------------------------------------------
\5\ 17 CFR 240.0-12.
\6\ See Exemptive Request, supra note 3, at 2.
---------------------------------------------------------------------------
[[Page 42723]]
The Nasdaq Exchanges represent that the BX Rule 8000 and 9000
Series are not trading rules. Moreover, the Nasdaq Exchanges state that
in each instance, the Nasdaq Exchanges propose to incorporate by
reference categories of rules (rather than individual rules within a
category) that are regulatory in nature. The Nasdaq Exchanges will, as
a condition of this exemption, provide written notice to their members
whenever BX proposes a change to its Rule 8000 and 9000 Series.\7\ Such
notice will alert the members of each Nasdaq Exchange to the proposed
rule change and give them an opportunity to comment on the proposal.
The Nasdaq Exchanges state that they will also inform members in
writing when the Commission approves any such proposed changes.\8\
---------------------------------------------------------------------------
\7\ The Nasdaq Exchanges state that they will provide such
notice on their websites in the same section they use to post their
own proposed rule change filings pursuant to Rule 19b-4(l) within
the timeframe required by such Rule. In addition, the Nasdaq
Exchanges state that their website will also include a link to the
BX website where the proposed rule change filings are located. Id.
at 3.
\8\ Id.
---------------------------------------------------------------------------
The Nasdaq Exchanges believe this exemption is necessary and
appropriate, because it will result in the Nasdaq Exchanges' rules
being consistent with the relevant cross-referenced BX rules at all
times, thus ensuring that the Nasdaq Exchanges and BX maintain a
harmonious system of investigating, disciplining, and adjudicating the
rights of their respective members, associated persons, and other
persons subject to their jurisdiction. Without such an exemption,
members of the Nasdaq Exchanges and BX could become subject to
different standards for investigations and disciplinary actions.\9\
---------------------------------------------------------------------------
\9\ Id. at 2.
---------------------------------------------------------------------------
The Commission has issued exemptions similar to the Nasdaq
Exchanges' request.\10\ In granting one such exemption in 2010, the
Commission repeated a prior, 2004 Commission statement that it would
consider similar future exemption requests from other self-regulatory
organizations (``SROs''), provided that:
---------------------------------------------------------------------------
\10\ See, e.g., Securities Exchange Act Release Nos. 80338
(March 29, 2017), 82 FR 16464 (April 4, 2017) (order granting
exemptive request from MIAX PEARL, LLC relating to rules of Miami
International Securities Exchange, LLC incorporated by reference);
72650 (July 22, 2014), 79 FR 44075 (July 29, 2014) (order granting
exemptive requests from NASDAQ OMX BX, Inc. and the NASDAQ Stock
Market LLC relating to rules of NASDAQ OMX PHLX LLC incorporated by
reference); 67256 (June 26, 2012), 77 FR 39277, 39286 (July 2, 2012)
(order approving SR-BX-2012-030 and granting exemptive request
relating to rules incorporated by reference by the BX Options
rules); 61534 (February 18, 2010), 75 FR 8760 (February 25, 2010)
(order granting BATS Exchange, Inc.'s exemptive request relating to
rules incorporated by reference by the BATS Exchange Options Market
rules) (``BATS Options Market Order''); and 57478 (March 12, 2008),
73 FR 14521, 14539-40 (March 18, 2008) (order approving SR-NASDAQ-
2007-004 and SR-NASDAQ-2007-080, and granting exemptive request
relating to rules incorporated by reference by The NASDAQ Options
Market).
---------------------------------------------------------------------------
An SRO wishing to incorporate rules of another SRO by
reference has submitted a written request for an order exempting it
from the requirement in Section 19(b) of the Exchange Act to file
proposed rule changes relating to the rules incorporated by reference,
has identified the applicable originating SRO(s), together with the
rules it wants to incorporate by reference, and otherwise has complied
with the procedural requirements set forth in the Commission's release
governing procedures for requesting exemptive orders pursuant to Rule
0-12 under the Exchange Act; \11\
---------------------------------------------------------------------------
\11\ See 17 CFR 240.0-12 and Securities Exchange Act Release No.
39624 (February 5, 1998), 63 FR 8101 (February 18, 1998)
(``Commission Procedures for Filing Applications for Orders for
Exemptive Relief Pursuant to Section 36 of the Exchange Act; Final
Rule'').
---------------------------------------------------------------------------
The incorporating SRO has requested incorporation of
categories of rules (rather than individual rules within a category)
that are not trading rules (e.g., the SRO has requested incorporation
of rules such as margin, suitability, or arbitration); and
The incorporating SRO has reasonable procedures in place
to provide written notice to its members each time a change is proposed
to the incorporated rules of another SRO.\12\
---------------------------------------------------------------------------
\12\ See BATS Options Market Order, supra note 10 (citing
Securities Exchange Act Release No. 49260 (February 17, 2004), 69 FR
8500 (February 24, 2004) (order granting exemptive request relating
to rules incorporated by reference by several SROs) (``2004
Order'')).
---------------------------------------------------------------------------
The Commission believes that the Nasdaq Exchanges have satisfied
each of these conditions. The Commission also believes that granting
the Nasdaq Exchanges an exemption from the rule filing requirements
under Section 19(b) of the Exchange Act will promote efficient use of
Commission and Nasdaq Exchange resources by avoiding duplicative rule
filings based on simultaneous changes to identical rule text sought by
more than one SRO.\13\ The Commission therefore finds it appropriate in
the public interest and consistent with the protection of investors to
exempt the Nasdaq Exchanges from the rule filing requirements under
Section 19(b) of the Exchange Act with respect to the above-described
rules they have incorporated by reference. This exemption is
conditioned upon the Nasdaq Exchanges promptly providing written notice
to their members whenever the BX changes a rule that the Nasdaq
Exchanges have incorporated by reference.
---------------------------------------------------------------------------
\13\ See BATS Options Market Order, supra note 10, 75 FR at
8761; see also 2004 Order, supra note 12, 69 FR at 8502.
---------------------------------------------------------------------------
Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act,\14\ that the Nasdaq Exchanges are exempt from the rule filing
requirements of Section 19(b) of the Exchange Act solely with respect
to changes to the rules identified in their request that incorporate by
reference certain BX rules that are the result of changes to such BX
rules, provided that the Nasdaq Exchanges promptly provide written
notice to their members whenever the BX proposes to change a rule that
the Nasdaq Exchanges have incorporated by reference.
---------------------------------------------------------------------------
\14\ 15 U.S.C. 78mm.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------
\15\ 17 CFR 200.30-3(a)(76).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-18278 Filed 8-22-18; 8:45 am]
BILLING CODE 8011-01-P