Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate the Exchange's Schedule of Fees, 47386-47388 [2018-20309]
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47386
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices
which Users may submit auction
responses into auctions occurring on the
Exchange.
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
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 18 and
subparagraph (f)(6) of Rule 19b–4
thereunder.19
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
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 rule-comments@
sec.gov. Please include File Number SR–
C2–2018–019 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–C2–2018–019. 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–C2–2018–019 and should
be submitted on or before October 10,
2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.20
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–20307 Filed 9–18–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–84113; File No. SR–MRX–
2018–27]
Self-Regulatory Organizations; Nasdaq
MRX, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Relocate the
Exchange’s Schedule of Fees
September 13, 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 August
31, 2018, Nasdaq MRX, LLC (‘‘MRX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to (a) relocate
the MRX Schedule of Fees and current
Rule 209 to the Exchange’s rulebook’s
(‘‘Rulebook’’) shell structure,3 and (b)
make conforming cross-reference
changes throughout the Rulebook.
The text of the proposed rule change
is available on the Exchange’s website at
https://nasdaqmrx.cchwallstreet.com/, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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 BX, Inc.; Nasdaq
PHLX LLC; Nasdaq GEMX, LLC; and Nasdaq ISE,
LLC (‘‘Affiliated Exchanges’’). See Securities
Exchange Act Release No. 82172 (November 29,
2017), 82 FR 57495 (December 5, 2017) (SR–MRX–
2017–26).
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2 17
18 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
19 17
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Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices
Finally, the Exchange will update all
references to ‘‘NASDAQ’’ in proposed
Section 8, E., of the Pricing Schedule
with the word ‘‘Nasdaq,’’ to keep the
proposed rule text consistent with
changes to the names of the Affiliated
Exchanges.5
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 relocate the
entire MRX Schedule of Fees and Rule
209 to the Exchange’s shell structure;
specifically, the Exchange will relocate
the aforementioned rules to the Options
7 (‘‘Pricing Schedule’’) section of the
shell. In addition, the Exchange will
make conforming cross-reference
changes throughout the Rulebook.
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(a) Relocation of Rules
As indicated, the Exchange, as part of
its continued effort to promote
efficiency and the conformity of its
processes with those of the Affiliated
Exchanges, and the goal of harmonizing
and uniformizing its rules, proposes to
relocate the Schedule of Fees and MRX
Rule 209 to Options 7, Pricing Schedule,
of the shell structure.
To improve the readability of the
relocated Pricing Schedule rules, the
Exchange will update their current
‘‘Preface’’ section and rename it
‘‘Section 1. General Provisions.’’ Next,
the Exchange will move current MRX
Rule 209, described in the paragraph
below, and rename it ‘‘Section 2’’ but
keeping its current title, ‘‘Collection of
Exchange Fees and Other Claims.’’
MRX Rule 209 was added to the
Rulebook to permit the Exchange the
collection of undisputed or final fees,
fines, charges and/or other monetary
sanctions or other monies due and
owing to the Exchange or other charges
related to Rules 205 and 206.4 The
Exchange believes that, unlike other
rules in Chapter 2 (‘‘Administration’’) of
the Rulebook, which generally refer to
the powers of the Board of Directors and
the authority it delegates to Senior
Management of the Exchange, the direct
debit process established in Rule 209
will be better situated among the
relocated rules of the Pricing Schedule.
The Exchange is also proposing to
move all the remaining sections, I
through VI, in the current Schedule of
Fees, renumber them as provided in the
table below, and add the word
‘‘Section’’ to each of their titles.
Relatedly, the Exchange will update all
references to the ‘‘Schedule of Fees’’ in
the proposed rule text and replace them
with the term ‘‘Pricing Schedule.’’
4 See Securities Exchange Act Release No. 79012
(September 30, 2016), 81 FR 69565 (October 6,
2016) (SR–ISEMercury–2016–18).
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Options 7—Pricing
schedule
(Proposed)
Section 1. General
Provisions.
Section 2. Collection
of Exchange Fees
and Other Claims.
Section 3. Regular
Order Fees and
Rebates.
Section 4. Other Options Fees and Rebates.
Section 5. Legal &
Regulatory.
Section 6. Ports and
Other Services.
Section 7. Market
Data.
Section 8.
Connectivity Fees.
Schedule of fees
(Current)
PREFACE.
Rule 209. Collection
of Exchange Fees
and Other Claims.
I. Regular Order Fees
and Rebates.
II. Other Options
Fees and Rebates.
III. Legal & Regulatory.
IV. Ports and Other
Services.
V. Market Data.
VI. Connectivity Fees.
The relocation of the Pricing Schedule
rules will facilitate the use of the
Rulebook by Members 6 of the Exchange,
including those who are members of
other Affiliated Exchanges, and other
market participants. Moreover, the
proposed changes are of a nonsubstantive nature and will not amend
the relocated rules, other than make the
updates previously explained.
(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 location of the Pricing Schedule
rules and/or any of their subsections.
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
promoting efficiency and structural
5 See Securities Exchange Act Releases No. 81917
(October 23, 2017), 82 FR 49879 (October 27, 2017)
(SR–NASDAQ–2017–111) and No. 81948 (October
25, 2017), 82 FR 50468 (October 31, 2017) (SR–BX–
2017–046).
6 Exchange Rule 100(a)(32).
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
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47387
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 Pricing Schedule rules, updating the
name ‘‘NASDAQ’’ to ‘‘Nasdaq,’’ and
related cross-reference updates are of a
non-substantive nature.
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 nonsubstantive 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 foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 9 and Rule 19b–
4(f)(6) thereunder.10
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 11 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 12
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). As required under Rule
19b–4(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.
11 17 CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6)(iii).
10 17
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47388
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices
public interest. The Exchange has
requested that the Commission waive
the 30-day operative delay so that the
proposed rule change may become
operative upon filing. Waiver of the
operative delay would allow the
Exchange to promptly relocate the
Pricing Schedule rules and continue to
reorganize its Rulebook to promote
efficiency and structural consistency
between the Exchange’s rules and those
of the Affiliated Exchanges. The
Commission believes that waiver of the
30-day operative delay is consistent
with the protection of investors and the
public interest. Accordingly, the
Commission hereby waives the
operative delay and designates the
proposed rule change operative upon
filing.13
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
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–MRX–2018–27 and should
be submitted on or before October 10,
2018.
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Eduardo A. Aleman,
Assistant Secretary.
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–
MRX–2018–27 on the subject line.
SMALL BUSINESS ADMINISTRATION
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–MRX–2018–27. 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
AGENCY:
13 For purposes only of waiving the 30-day
operative delay, the Commission also has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
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[FR Doc. 2018–20309 Filed 9–18–18; 8:45 am]
BILLING CODE 8011–01–P
[Disaster Declaration #15438 and #15439;
CALIFORNIA Disaster Number CA–00282]
Presidential Declaration Amendment of
a Major Disaster for the State of
California
U.S. Small Business
Administration.
ACTION: Amendment 1.
This is an amendment of the
Presidential declaration of a major
disaster for the State of California
(FEMA–4353–DR), dated 01/15/2018.
Incident: Wildfires, Flooding,
Mudflows, and Debris Flows directly
related to the Wildfires.
Incident Period: 12/04/2017 through
01/31/2018.
DATES: Issued on 09/07/2018.
Physical Loan Application Deadline
Date: 03/16/2018.
SUMMARY:
14 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00061
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Economic Injury (EIDL) Loan
Application Deadline Date: 10/15/2018.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW, Suite 6050,
Washington, DC 20416, (202) 205–6734.
SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
declaration for the State of California,
dated 01/15/2018, is hereby amended to
establish the incident period for this
disaster as beginning 12/04/2017
through 01/31/2018.
All other information in the original
declaration remains unchanged.
(Catalog of Federal Domestic Assistance
Number 59008)
James Rivera,
Associate Administrator for Disaster
Assistance.
[FR Doc. 2018–20382 Filed 9–18–18; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #15694 and #15695;
IOWA Disaster Number IA–00084]
Presidential Declaration of a Major
Disaster for Public Assistance Only for
the State of Iowa
U.S. Small Business
Administration.
ACTION: Notice.
AGENCY:
This is a Notice of the
Presidential declaration of a major
disaster for Public Assistance Only for
the State of Iowa (FEMA–4392–DR),
dated 09/12/2018.
Incident: Severe Storm and
Tornadoes.
Incident Period: 07/19/2018.
DATES: Issued on 09/12/2018.
Physical Loan Application Deadline
Date: 11/13/2018.
Economic Injury (EIDL) Loan
Application Deadline Date: 06/12/2019.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW, Suite 6050,
Washington, DC 20416, (202) 205–6734.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Notices]
[Pages 47386-47388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20309]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-84113; File No. SR-MRX-2018-27]
Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Relocate the
Exchange's Schedule of Fees
September 13, 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 August 31, 2018, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to (a) relocate the MRX Schedule of Fees and
current Rule 209 to the Exchange's rulebook's (``Rulebook'') shell
structure,\3\ and (b) make conforming cross-reference changes
throughout the Rulebook.
---------------------------------------------------------------------------
\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 BX, Inc.; Nasdaq PHLX LLC;
Nasdaq GEMX, LLC; and Nasdaq ISE, LLC (``Affiliated Exchanges'').
See Securities Exchange Act Release No. 82172 (November 29, 2017),
82 FR 57495 (December 5, 2017) (SR-MRX-2017-26).
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
website at https://nasdaqmrx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of
[[Page 47387]]
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 relocate the entire MRX Schedule of Fees
and Rule 209 to the Exchange's shell structure; specifically, the
Exchange will relocate the aforementioned rules to the Options 7
(``Pricing Schedule'') section of the shell. In addition, the Exchange
will make conforming cross-reference changes throughout the Rulebook.
(a) Relocation of Rules
As indicated, the Exchange, as part of its continued effort to
promote efficiency and the conformity of its processes with those of
the Affiliated Exchanges, and the goal of harmonizing and uniformizing
its rules, proposes to relocate the Schedule of Fees and MRX Rule 209
to Options 7, Pricing Schedule, of the shell structure.
To improve the readability of the relocated Pricing Schedule rules,
the Exchange will update their current ``Preface'' section and rename
it ``Section 1. General Provisions.'' Next, the Exchange will move
current MRX Rule 209, described in the paragraph below, and rename it
``Section 2'' but keeping its current title, ``Collection of Exchange
Fees and Other Claims.''
MRX Rule 209 was added to the Rulebook to permit the Exchange the
collection of undisputed or final fees, fines, charges and/or other
monetary sanctions or other monies due and owing to the Exchange or
other charges related to Rules 205 and 206.\4\ The Exchange believes
that, unlike other rules in Chapter 2 (``Administration'') of the
Rulebook, which generally refer to the powers of the Board of Directors
and the authority it delegates to Senior Management of the Exchange,
the direct debit process established in Rule 209 will be better
situated among the relocated rules of the Pricing Schedule.
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 79012 (September 30,
2016), 81 FR 69565 (October 6, 2016) (SR-ISEMercury-2016-18).
---------------------------------------------------------------------------
The Exchange is also proposing to move all the remaining sections,
I through VI, in the current Schedule of Fees, renumber them as
provided in the table below, and add the word ``Section'' to each of
their titles. Relatedly, the Exchange will update all references to the
``Schedule of Fees'' in the proposed rule text and replace them with
the term ``Pricing Schedule.''
Finally, the Exchange will update all references to ``NASDAQ'' in
proposed Section 8, E., of the Pricing Schedule with the word
``Nasdaq,'' to keep the proposed rule text consistent with changes to
the names of the Affiliated Exchanges.\5\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Releases No. 81917 (October 23,
2017), 82 FR 49879 (October 27, 2017) (SR-NASDAQ-2017-111) and No.
81948 (October 25, 2017), 82 FR 50468 (October 31, 2017) (SR-BX-
2017-046).
------------------------------------------------------------------------
Options 7--Pricing schedule (Proposed) Schedule of fees (Current)
------------------------------------------------------------------------
Section 1. General Provisions............. PREFACE.
Section 2. Collection of Exchange Fees and Rule 209. Collection of
Other Claims. Exchange Fees and Other
Claims.
Section 3. Regular Order Fees and Rebates. I. Regular Order Fees and
Rebates.
Section 4. Other Options Fees and Rebates. II. Other Options Fees and
Rebates.
Section 5. Legal & Regulatory............. III. Legal & Regulatory.
Section 6. Ports and Other Services....... IV. Ports and Other
Services.
Section 7. Market Data.................... V. Market Data.
Section 8. Connectivity Fees.............. VI. Connectivity Fees.
------------------------------------------------------------------------
The relocation of the Pricing Schedule rules will facilitate the
use of the Rulebook by Members \6\ 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 will not amend the relocated rules, other than make the
updates previously explained.
---------------------------------------------------------------------------
\6\ Exchange Rule 100(a)(32).
---------------------------------------------------------------------------
(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 location of the Pricing Schedule rules and/or any
of their subsections.
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 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 Pricing Schedule rules, updating the name ``NASDAQ'' to ``Nasdaq,''
and related cross-reference updates are of a non-substantive nature.
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\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
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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 foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(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.
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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the
[[Page 47388]]
public interest. The Exchange has requested that the Commission waive
the 30-day operative delay so that the proposed rule change may become
operative upon filing. Waiver of the operative delay would allow the
Exchange to promptly relocate the Pricing Schedule rules and continue
to reorganize its Rulebook to promote efficiency and structural
consistency between the Exchange's rules and those of the Affiliated
Exchanges. The Commission believes that waiver of the 30-day operative
delay is consistent with the protection of investors and the public
interest. Accordingly, the Commission hereby waives the operative delay
and designates the proposed rule change operative upon filing.\13\
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\11\ 17 CFR 240.19b-4(f)(6).
\12\ 17 CFR 240.19b-4(f)(6)(iii).
\13\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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 necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-MRX-2018-27 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-MRX-2018-27. 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-MRX-2018-27 and should be submitted on
or before October 10, 2018.
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\14\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20309 Filed 9-18-18; 8:45 am]
BILLING CODE 8011-01-P
