Sunshine Act Meetings, 47952-47953 [2018-20741]

Download as PDF 47952 Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices reduce the regulatory burden placed on market participants engaged in trading activities across different markets. The Exchange believes that the harmonization of these registration requirements across the various markets will reduce burdens on competition by removing impediments to participation in the national market system and promoting competition among participants across the multiple national securities exchanges. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action daltland on DSKBBV9HB2PROD with NOTICES 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 12 and Rule 19b– 4(f)(6) thereunder. A proposed rule change filed under Rule 19b–4(f)(6) normally does not become operative for 30 days from the date of filing. However, Rule 19b– 4(f)(6)(iii) 13 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative on October 1, 2018 to coincide with the effective date of FINRA’s proposed rule change on which the proposal is based.14 The waiver of the operative delay would make the Exchange’s qualification requirements consistent with those of FINRA, as of October 1, 2018. Therefore, the Commission believes that the waiver of the 30-day operative delay is consistent with the protection of investors and the public interest and hereby waives the 30-day operative delay and designates the proposal operative on October 1, 2018.15 12 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6)(iii). 14 See supra note 3. 15 For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 13 17 VerDate Sep<11>2014 17:30 Sep 20, 2018 Jkt 244001 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 proposal 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 No. SR– CboeEDGX–2018–040 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–2018–040. 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 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 to make available publicly. All submissions should refer to File No. SR–CboeEDGX–2018–040 and should be submitted on or before October 12, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.16 Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018–20546 Filed 9–20–18; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–83936; File No. SR– NYSEArca–2018–60] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To List and Trade Shares of the First Trust Long Duration Opportunities ETF Under NYSE Arca Rule 8.600–E August 24, 2018. Correction In notice document 2018–18781, appearing on pages 44312 through 44320, in the issue of Thursday, August 30, 2018, make the following correction: On page 44320, in the second column, in the first paragraph, in the last row, ‘‘October 1, 2018’’ should read ‘‘September 20, 2018’’. [FR Doc. C1–2018–18781 Filed 9–20–18; 8:45 am] BILLING CODE 1301–00–D SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meetings Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94–409, that the Securities and Exchange Commission staff will hold a public roundtable on Wednesday, September 26, 2018 at 9:30 a.m. PLACE: The roundtable will be held in Multi-Purpose Room LL–006 at the Commission’s headquarters, 100 F Street NE, Washington, DC. STATUS: The meeting will begin at 9:30 a.m. and will be open to the public. Seating will be on a first-come, firstserved basis. Doors will open at 9:00 a.m. Visitors will be subject to security checks. The meeting will be webcast on the Commission’s website at www.sec.gov. MATTERS TO BE CONSIDERED: The Commission staff will host a roundtable TIME AND DATE: 16 17 E:\FR\FM\21SEN1.SGM CFR 200.30–3(a)(12). 21SEN1 Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices on combating retail investor fraud. The roundtable is open to the public and the public is invited to submit written comments. This Sunshine Act notice is being issued because a majority of the Commission may attend the roundtable. The agenda for the roundtable will focus on the types of fraudulent and manipulative schemes currently targeting retail investors, and enhancing the ability of broker-dealers and others to combat retail investor fraud. CONTACT PERSON FOR MORE INFORMATION: For further information, please contact Brent J. Fields from the Office of the Secretary at (202) 551–5400. Dated: September 19, 2018. Brent J. Fields, Secretary. [FR Doc. 2018–20741 Filed 9–19–18; 4:15 pm] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–84177; File No. SR– PEARL–2018–16] Self-Regulatory Organizations; MIAX PEARL, LLC; Suspension of and Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To Amend the Fee Schedule Regarding Connectivity Fees for Members and Non-Members September 17, 2018. I. Introduction On July 31, 2018, MIAX PEARL, LLC (‘‘MIAX PEARL’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 a proposed rule change (File Number SR–PEARL–2018– 16) to amend the MIAX PEARL fee schedule to increase certain connectivity fees. The proposed rule change was immediately effective upon filing with the Commission pursuant to Section 19(b)(3)(A) of the Act.3 The proposed rule change was published for comment in the Federal Register on August 13, 2018.4 The Commission has received one comment letter on the proposal.5 Under Section 19(b)(3)(C) of the Act,6 the Commission is hereby: (i) daltland on DSKBBV9HB2PROD with NOTICES 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A). 4 See Securities Exchange Act Release No. 83785 (August 7, 2018), 83 FR 40101 (‘‘Notice’’). 5 See Letter from Tyler Gellasch, Executive Director, The Healthy Markets Association, to Brent J. Fields, Secretary, Commission, dated September 4, 2018 (‘‘Healthy Markets Letter’’). 6 15 U.S.C. 78s(b)(3)(C). 2 17 VerDate Sep<11>2014 17:30 Sep 20, 2018 Jkt 244001 Temporarily suspending the proposed rule change; and (ii) instituting proceedings to determine whether to approve or disapprove the proposed rule change. II. Description of the Proposed Rule Change The Exchange proposes to amend its fee schedule to increase its monthly network connectivity fees. Specifically, the Exchange proposes to increase the connectivity fee for connectivity to the Exchange’s primary/secondary facility from $1,100 to $1,400 for a 1 Gigabit (‘‘Gb’’) connection, from $5,500 to $6,100 for a 10Gb connection, and from $8,500 to $9,300 for a 10Gb ultra-low latency connection.7 In addition, the Exchange proposes to increase the network connectivity fees for connectivity to the Exchange’s disaster recovery facility from $500 to $550 for a 1Gb connection and from $2,500 to $2,750 for a 10Gb connection.8 III. Suspension of the Proposed Rule Change Pursuant to Section 19(b)(3)(C) of the Act,9 at any time within 60 days of the date of filing of a proposed rule change pursuant to Section 19(b)(1) of the Act,10 the Commission summarily may temporarily suspend the change in the rules of a self-regulatory organization (‘‘SRO’’) 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. As discussed below, the Commission believes a temporary suspension of the proposed rule change is necessary and appropriate to allow for additional analysis of the proposed rule change’s consistency with the Act and the rules thereunder. As noted above, the Commission received one comment letter on the proposal.11 The commenter argues that the Exchange did not provide sufficient information in its filing to support a finding that the proposal is consistent with the Act.12 Specifically, the commenter objects to the Exchange’s reliance on the fees of other exchanges to demonstrate that its fee increases are consistent with the Act. In addition, the commenter argues that the Exchange did not offer any details to support its basis for asserting that the proposed fee increases are consistent with the Act.13 7 See Notice, supra note 4 at 40102. id. 9 15 U.S.C. 78s(b)(3)(C). 10 15 U.S.C. 78s(b)(1). 11 See Healthy Markets Letter, supra note 5. 12 See id. at 5. 13 See id. at 6–7, 12. 8 See PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 47953 The Exchange has not responded to the comment letter. When exchanges file their proposed rule changes with the Commission, including fee filings like the Exchange’s present proposal, they are required to provide a statement supporting the proposal’s basis under the Act and the rules and regulations thereunder applicable to the exchange.14 The instructions to Form 19b–4, on which exchanges file their proposed rule changes, specify that such statement ‘‘should be sufficiently detailed and specific to support a finding that the proposed rule change is consistent with [those] requirements.’’ 15 Among other things, exchange proposed rule changes are subject to Section 6 of the Act, including Sections 6(b)(4), (5), and (8), which requires the rules of an exchange to (1) provide for the equitable allocation of reasonable fees among members, issuers, and other persons using the exchange’s facilities; 16 (2) perfect the mechanism of a free and open market and a national market system, protect investors and the public interest, and not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers; 17 and (3) not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act.18 In temporarily suspending the Exchange’s fee change, the Commission intends to further consider whether increasing certain connectivity fees to the Exchange is consistent with the statutory requirements applicable to a national securities exchange under the Act. In particular, the Commission will consider whether the proposed rule change satisfies the standards under the Act and the rules thereunder requiring, among other things, that an exchange’s rules provide for the equitable allocation of reasonable fees among members, issuers, and other persons using its facilities; not permit unfair discrimination between customers, issuers, brokers or dealers; and do not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act.19 Therefore, the Commission finds that it is appropriate in the public interest, for the protection of investors, and 14 See 17 CFR 240.19b–4 (Item 3 entitled ‘‘SelfRegulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change’’). 15 Id. 16 15 U.S.C. 78f(b)(4). 17 15 U.S.C. 78f(b)(5). 18 15 U.S.C. 78f(b)(8). 19 See 15 U.S.C. 78f(b)(4), (5), and (8), respectively. E:\FR\FM\21SEN1.SGM 21SEN1

Agencies

[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Notices]
[Pages 47952-47953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20741]


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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of 
the Government in the Sunshine Act, Public Law 94-409, that the 
Securities and Exchange Commission staff will hold a public roundtable 
on Wednesday, September 26, 2018 at 9:30 a.m.

PLACE: The roundtable will be held in Multi-Purpose Room LL-006 at the 
Commission's headquarters, 100 F Street NE, Washington, DC.

STATUS: The meeting will begin at 9:30 a.m. and will be open to the 
public. Seating will be on a first-come, first-served basis. Doors will 
open at 9:00 a.m. Visitors will be subject to security checks. The 
meeting will be webcast on the Commission's website at www.sec.gov.

MATTERS TO BE CONSIDERED: The Commission staff will host a roundtable

[[Page 47953]]

on combating retail investor fraud. The roundtable is open to the 
public and the public is invited to submit written comments. This 
Sunshine Act notice is being issued because a majority of the 
Commission may attend the roundtable.
    The agenda for the roundtable will focus on the types of fraudulent 
and manipulative schemes currently targeting retail investors, and 
enhancing the ability of broker-dealers and others to combat retail 
investor fraud.

CONTACT PERSON FOR MORE INFORMATION: For further information, please 
contact Brent J. Fields from the Office of the Secretary at (202) 551-
5400.

    Dated: September 19, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-20741 Filed 9-19-18; 4:15 pm]
 BILLING CODE 8011-01-P
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