Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Communications With the Public, 7138-7140 [2019-03623]
Download as PDF
<![CDATA[
7138
Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Notices
jbell on DSK30RV082PROD with NOTICES
The exemption is required by paragraph
A.4 of Section VIII, ‘‘Processes for
Changes and Departures,’’ appendix D,
to 10 CFR part 52 to allow SNC to
depart from Tier 1 information. With the
requested license amendment, SNC
proposed changes to plant-specific DCD
Tier 2 and Tier 2 * information and
related changes to the VEGP Units 3 and
4, COL Appendix A and COL Appendix
C (and corresponding plant-specific
DCD Tier 1) to modify an administrative
program to incorporate the results of
various updated plant-specific
containment integrity analyses.
Part of the justification for granting
the exemption was provided by the
review of the amendment. Because the
exemption is necessary in order to issue
the requested license amendment, the
NRC granted the exemption and issued
the amendment concurrently, rather
than in sequence. This included issuing
a combined safety evaluation containing
the NRC staff’s review of both the
exemption request and the license
amendment. The exemptions met all
applicable regulatory criteria set forth in
10 CFR 50.12, 10 CFR 52.7, and Section
VIII.A.4 of appendix D to 10 CFR part
52. The license amendments met all
applicable regulatory criteria and were
found to be acceptable as well. The
combined safety evaluation is available
in ADAMS under Accession No.
ML18289A753.
Identical exemption documents
(except for referenced unit numbers and
license numbers) were issued to SNC for
VEGP Units 3 and 4 (COLs NPF–91 and
NPF–92). The exemption documents for
VEGP Units 3 and 4 can be found in
ADAMS under Accession Nos.
ML18289A750 and ML18289A752,
respectively. The exemption is
reproduced (with the exception of
abbreviated titles and additional
citations), in Section II of this
document. The amendment documents
for COLs NPF–91 and NPF–92 are
available in ADAMS under Accession
Nos. ML18289A745 and ML18289A748,
respectively. A summary of the
amendment documents is provided in
Section III of this document.
II. Exemption
Reproduced below is the exemption
document issued to VEGP Units 3 and
Unit 4. It makes reference to the
combined safety evaluation that
provides the reasoning for the findings
made by the NRC (and listed under Item
1) in order to grant the exemption:
1. In a letter dated December 21, 2017,
as supplemented September 28, 2018,
SNC requested from the Commission an
exemption to allow departure from Tier
1 information in the certified DCD
VerDate Sep<11>2014
18:13 Feb 28, 2019
Jkt 247001
incorporated by reference in 10 CFR
part 52, appendix D, ‘‘Design
Certification Rule for the AP1000
Design,’’ as part of license amendment
request (LAR) 17–043, ‘‘Containment
Pressure Analysis.’’
For the reasons set forth in Section 3.2
of the NRC staff’s Safety Evaluation,
which can be found in ADAMS under
Accession No. ML18289A753, the
Commission finds that:
A. The exemption is authorized by
law;
B. the exemption presents no undue
risk to public health and safety;
C. the exemption is consistent with
the common defense and security;
D. special circumstances are present
in that the application of the rule in this
circumstance is not necessary to serve
the underlying purpose of the rule;
E. the special circumstances outweigh
any decrease in safety that may result
from the reduction in standardization
caused by the exemption; and
F. the exemption will not result in a
significant decrease in the level of safety
otherwise provided by the design.
2. Accordingly, SNC is granted an
exemption from the certified DCD Tier
1 information, with corresponding
changes to Appendix C of the Facility
Combined License, as described in
SNC’s request dated December 21, 2017,
as supplemented September 28, 2018.
This exemption is related to, and
necessary for the granting of License
Amendment Nos. 147 [(Unit 3) and 146
(Unit 4)], which is being issued
concurrently with this exemption.
3. As explained in the NRC staff’s
Safety Evaluation (ADAMS Accession
No. ML18289A753), this exemption
meets the eligibility criteria for
categorical exclusion set forth in 10 CFR
51.22(c)(9). Therefore, pursuant to 10
CFR 51.22(b), no environmental impact
statement or environmental assessment
needs to be prepared in connection with
the issuance of the exemption.
4. This exemption is effective as of the
date of its issuance.
III. License Amendment Request
By letter dated December 21, 2017, as
supplemented by letter dated September
28, 2018 (ADAMS Accession Nos.
ML18029A243 and ML18271A188),
SNC requested that the NRC amend the
COLs for VEGP Units 3 and 4, COLs
NPF–91 and NPF–92. The proposed
amendment is described in Section I of
this Federal Register notice.
The Commission has determined for
these amendments that the application
complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations.
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
The Commission has made appropriate
findings as required by the Act and the
Commission’s rules and regulations in
10 CFR chapter I, which are set forth in
the license amendment.
A notice of consideration of issuance
of amendment to facility operating
license or COL, as applicable, proposed
no significant hazards consideration
determination, and opportunity for a
hearing in connection with these
actions, was published in the Federal
Register on May 8, 2018 (83 FR 20866).
No comments were received during the
30-day comment period.
The Commission has determined that
these amendments satisfy the criteria for
categorical exclusion in accordance
with 10 CFR 51.22. Therefore, pursuant
to 10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared for these
amendments.
IV. Conclusion
Using the reasons set forth in the
combined safety evaluation, the staff
granted the exemptions and issued the
amendments that SNC requested by
letter December 21, 2017, and
supplemented by letter dated September
28, 2018 (ADAMS Accession Nos.
ML18029A243 and ML18271A188).
The exemptions and amendments
were issued on November 7, 2018, as
part of a combined package to SNC
(ADAMS Package Accession No.
ML18289A742).
Dated at Rockville, Maryland, this 26th day
of February 2019.
For the Nuclear Regulatory Commission.
Jennifer L. Dixon-Herrity,
Chief, Licensing Branch 2, Division of
Licensing, Siting, and Environmental
Analysis, Office of New Reactors.
[FR Doc. 2019–03680 Filed 2–28–19; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85188; File No. SR–
NASDAQ–2019–008]
Self-Regulatory Organizations; The
Nasdaq Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to
Communications With the Public
February 25, 2019.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on February
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
E:\FR\FM\01MRN1.SGM
01MRN1
Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Notices
19, 2019, The Nasdaq Stock Market LLC
(‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘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 amend
Rule 2210, titled ‘‘Communications with
the Public.’’
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
jbell on DSK30RV082PROD with NOTICES
1. Purpose
The purpose of the proposed rule
change is to update the reference to
NASD Rule 2210 to FINRA Rule 2210.3
The change is non-substantive as it
simply reflects a change in the reference
from the NASD rulebook to the FINRA
rulebook. The Exchange believes the
proposed rule change will remove
confusion among Nasdaq members as to
their obligations when communicating
with the public.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,4 in general, and
Section 6(b)(5) of the Act,5 in particular,
3 See Securities Exchange Act Release No. 66681
(March 29, 2012), 77 FR 20452 (April 4, 2012) (SR–
FINRA–2011–035).
4 15 U.S.C. 78f(b).
5 15 U.S.C. 78f(b)(5).
VerDate Sep<11>2014
18:13 Feb 28, 2019
Jkt 247001
as it merely corrects a reference to the
current FINRA rule. The proposed rule
change will have no impact on just and
equitable principles of trade or the
protection of investors and the public
interest.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The proposed rule change does not
impose any burden on competition
because it is a non-substantive change
that imposes no new requirement on
Nasdaq members.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A) of the Act 6 and Rule 19b–
4(f)(6) thereunder.7 Because the
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 and Rule 19b–
4(f)(6)(iii) thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) 8 normally does not
become operative for 30 days after the
date of the filing. However, pursuant to
Rule 19b–4(f)(6)(iii),9 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest. In
its filing with the Commission, Nasdaq
has asked the Commission to waive the
30-day operative delay to allow Nasdaq
to immediately reflect the proper rule
reference regarding the marketing
materials requirement. Immediate
implementation of the proposed rule
change will avoid confusion by
correcting the reference to the relevant
FINRA rule regarding communications
with the public.
The Commission believes that 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 proposed rule
change operative upon filing.10
6 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
8 17 CFR 240.19b–4(f)(6).
9 17 CFR 240.19b–4(f)(6)(iii).
10 For purposes only of waiving the operative
delay, the Commission has considered the proposed
rule’s impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
7 17
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
7139
At any time within 60 days of the
filing of such 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
under Section 19(b)(2)(B) 11 of the Act 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 rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2019–008 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–2019–008. 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 such
filing also will be available for
inspection and copying at the principal
11 15
E:\FR\FM\01MRN1.SGM
U.S.C. 78s(b)(2)(B).
01MRN1
7140
Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Notices
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–2019–008, and
should be submitted on or before March
22, 2019.
orders, and to amend Rules 21.1(d) and
21.20 to add Qualified Contingent Cross
with Stock Order (‘‘QCC with Stock
Order’’) functionality. The text of the
proposed rule change is provided
below.
(additions are italicized; deletions are
[bracketed])
*
*
*
*
*
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Eduardo A. Aleman,
Deputy Secretary.
Rule 20.6. Nullification and Adjustment of
Options Transactions Including Obvious
Errors
The Exchange may nullify a transaction or
adjust the execution price of a transaction in
accordance with this Rule. However, the
determination as to whether a trade was
executed at an erroneous price may be made
by mutual agreement of the affected parties
to a particular transaction. A trade may be
nullified or adjusted on the terms that all
parties to a particular transaction agree,
provided, however, that such agreement to
nullify or adjust must be conveyed to the
Exchange in a manner prescribed by the
Exchange prior to 8:30 a.m. Eastern Time on
the first trading day following the execution.
It is considered conduct inconsistent with
just and equitable principles of trade for any
Member to use the mutual adjustment
process to circumvent any applicable
Exchange rule, the Act or any of the rules and
regulations thereunder.
(a)–(l) No change.
[FR Doc. 2019–03623 Filed 2–28–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85200; File No. SR–
CboeEDGX–2019–005]
Self-Regulatory Organizations; Cboe
EDGX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend Rule
20.6 To Apply the Obvious Error Rule
to Stock-Option Orders, and To Amend
Rules 21.1(d) and 21.20 To Add
Qualified Contingent Cross With Stock
Order Functionality
February 26, 2019.
jbell on DSK30RV082PROD with NOTICES
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 February
12, 2019, Cboe EDGX Exchange, Inc.
(the ‘‘Exchange’’ or ‘‘EDGX’’) 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 Exchange filed the proposal
pursuant to Section 19(b)(3)(A)(iii) of
the Act 3 and Rule 19b–4(f)(6)
thereunder.4 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
Cboe EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX’’) proposes to
amend Rules [sic] 20.6 to apply the
obvious error rule to stock-option
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
1 15
VerDate Sep<11>2014
18:13 Feb 28, 2019
Jkt 247001
Rules of Cboe EDGX Exchange, Inc.
*
*
*
*
*
Interpretations and Policies
.01–.03 No change.
.04 Complex Orders and Stock-Option
Orders:
(a)–(b) No change.
(c) If the option leg of a stock-option order
qualifies as an Obvious Error under
paragraph (c)(1) or a Catastrophic Error
under paragraph (d)(1), then the option leg
that is an Obvious or Catastrophic Error will
be adjusted in accordance with paragraph
(c)(4)(A) or (d)(3), respectively, regardless of
whether one of the parties is a Customer.
However, the option leg of any Customer
order subject to this paragraph (c) will be
nullified if the adjustment would result in an
execution price higher (for buy transactions)
or lower (for sell transactions) than the
Customer’s limit price on the stock-option
order, and the Exchange will attempt to
nullify the stock leg. Whenever a stock
trading venue nullifies the stock leg of a
stock-option order or whenever the stock leg
cannot be executed, the Exchange will nullify
the option leg upon request of one of the
parties to the transaction or in accordance
with paragraph (c)(3).
*
*
*
*
*
Rule 21.1. Definitions
The following definitions apply to Chapter
XXI for the trading of options listed on EDGX
Options.
(a)–(c) No change.
(d) The term ‘‘Order Type’’ shall mean the
unique processing prescribed for designated
orders, subject to the restrictions set forth in
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
paragraph (j) below with respect to orders
and bulk messages submitted through bulk
ports, that are eligible for entry into the
System, and shall include:
(1)–(9) No change.
(10) A ‘‘Qualified Contingent Cross Order’’
is comprised of an originating order to buy
or sell at least 1,000 standard option
contracts that is identified as being part of a
qualified contingent trade, as that term is
defined in paragraph (A) below, coupled
with a contra-side order or orders totaling an
equal number of contracts. See Rule 21.20 for
a definition of a QCC with Stock Order. For
purposes of this order type:
*
*
*
*
*
Rule 21.20. Complex Orders
(a) No change.
(b) Availability of Types of Complex
Orders. The Exchange will determine and
communicate to Members via specifications
and/or a Regulatory Circular listing when the
complex order types, among the complex
order types set forth in this Rule, are
available for use on the Exchange. The
complex order types that may be submitted
are limit orders and market orders, and
orders with a Time in Force of GTD, IOC,
DAY, GTC, or OPG as such terms are defined
in Rule 21.1(f). Users may not submit
complex orders through bulk ports. The
following complex orders will also be
accepted by the Exchange:
(1)–(5) No change.
(6) QCC with Stock Orders. A ‘‘QCC with
Stock Order’’ is a qualified contingent cross
order, as defined in Rule 21.1(d)(10), entered
with a stock component to be electronically
communicated by the Exchange to a
designated broker-dealer for execution on
behalf of the submitting User pursuant to
subparagraph (c)(7) below. QCC with Stock
Orders are available to Users on a voluntary
basis.
(c) Trading of Complex Orders. The
Exchange will determine and communicate
to Members via specifications and/or
Regulatory Circular which complex order
origin codes (i.e., non-broker-dealer
customers, broker-dealers that are not Market
Makers on an options exchange, and/or
Market Makers on an options exchange) are
eligible for entry onto the COB. Complex
orders will be subject to all other Exchange
Rules that pertain to orders submitted to the
Exchange generally, unless otherwise
provided in this Rule.
(1)–(6) No change.
(7) QCC with Stock Orders. The System
processes QCC with Stock Orders as follows:
(A) Entry of QCC with Stock Order. When
a User enters a QCC with Stock Order on the
Exchange, it enters a QCC Order with a stock
component (pursuant to Rule 21.10(d)(10)).
When entering a QCC with Stock Order, the
User must:
(i) Include a net price for the stock and
option components;
(ii) give up a Clearing Member in
accordance with Rule 21.12; and
(iii) designate a specific broker-dealer to
which the stock components will be
communicated, which broker-dealer the
Exchange must have identified as having
connectivity to electronically communicate
E:\FR\FM\01MRN1.SGM
01MRN1
]]>Agencies
[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Pages 7138-7140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03623]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-85188; File No. SR-NASDAQ-2019-008]
Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Communications With the Public
February 25, 2019.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February
[[Page 7139]]
19, 2019, The Nasdaq Stock Market LLC (``Nasdaq'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``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 amend Rule 2210, titled ``Communications
with the Public.''
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 purpose of the proposed rule change is to update the reference
to NASD Rule 2210 to FINRA Rule 2210.\3\ The change is non-substantive
as it simply reflects a change in the reference from the NASD rulebook
to the FINRA rulebook. The Exchange believes the proposed rule change
will remove confusion among Nasdaq members as to their obligations when
communicating with the public.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 66681 (March 29,
2012), 77 FR 20452 (April 4, 2012) (SR-FINRA-2011-035).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and Section 6(b)(5) of the
Act,\5\ in particular, as it merely corrects a reference to the current
FINRA rule. The proposed rule change will have no impact on just and
equitable principles of trade or the protection of investors and the
public interest.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The proposed rule change does not impose any burden on competition
because it is a non-substantive change that imposes no new requirement
on Nasdaq members.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\ Because
the 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 and Rule 19b-4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A)(iii).
\7\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) \8\ normally
does not become operative for 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\9\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. In its filing with the
Commission, Nasdaq has asked the Commission to waive the 30-day
operative delay to allow Nasdaq to immediately reflect the proper rule
reference regarding the marketing materials requirement. Immediate
implementation of the proposed rule change will avoid confusion by
correcting the reference to the relevant FINRA rule regarding
communications with the public.
---------------------------------------------------------------------------
\8\ 17 CFR 240.19b-4(f)(6).
\9\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
The Commission believes that 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
proposed rule change operative upon filing.\10\
---------------------------------------------------------------------------
\10\ For purposes only of waiving the operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------
At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------
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-2019-008 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-2019-008. 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 such filing also will be available for inspection
and copying at the principal
[[Page 7140]]
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-2019-
008, and should be submitted on or before March 22, 2019.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------
\12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-03623 Filed 2-28-19; 8:45 am]
BILLING CODE 8011-01-P
