Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To Reassign Certain Investigation and Enforcement Functions Under the Exchange's Authority and Supervision, 27387-27388 [2019-12341]
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Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices
Number SR–MIAX–2019–27 and should
be submitted on or before July 3, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019–12335 Filed 6–11–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–86051; File No. SR–BX–
2019–002]
Self-Regulatory Organizations; Nasdaq
BX, Inc.; Notice of Filing of
Amendment No. 1 and Order Granting
Accelerated Approval of a Proposed
Rule Change, as Modified by
Amendment No. 1, To Reassign
Certain Investigation and Enforcement
Functions Under the Exchange’s
Authority and Supervision
June 6, 2019.
I. Introduction
On April 5, 2019, Nasdaq BX, Inc.
(‘‘Exchange’’ or ‘‘BX’’) 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 to
assume operational responsibility for
certain investigation and enforcement
functions currently performed by the
Financial Industry Regulatory Authority
(‘‘FINRA’’) under the Exchange’s
authority and supervision. The
proposed rule change was published for
comment in the Federal Register on
April 24, 2019.3 On May 2, 2019, the
Exchange filed Amendment No. 1 to the
proposed rule change, which amended
and replaced the proposed rule change
as originally filed.4 The Commission did
not receive any comment letters on the
proposed rule change. The Commission
9 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 85691
(April 18, 2019), 84 FR 17219.
4 In Amendment No. 1, the Exchange: (1) Clarified
that the staff performing surveillance work on
behalf of BX’s options and equities markets is the
same that performs surveillance work on behalf of
all The Nasdaq Stock Market LLC (‘‘Nasdaq’’)affiliated equities and options markets; (2) clarified
the equities surveillance patterns and related
review functions that were previously reallocated
from FINRA to the Exchange; (3) clarified that the
Exchange bears the ultimate responsibility for selfregulatory conduct and primary liability for selfregulatory failures; and (4) made other technical,
clarifying, and conforming changes. Amendment
No. 1 is available at https://www.sec.gov/comments/
sr-bx-2019-002/srbx2019002-5442622-184831.pdf.
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is publishing this notice to solicit
comments on Amendment No. 1 from
interested persons, and is approving the
proposed rule change, as modified by
Amendment No. 1, on an accelerated
basis.
II. Description of the Proposal
Since its acquisition by The NASDAQ
OMX Group, Inc., the Exchange has
contracted with FINRA through various
regulatory services agreements to
perform certain regulatory functions on
its behalf.5 At the same time, the
Exchange has retained operational
responsibility for a number of regulatory
functions, including real-time
surveillance and most surveillance
related to its affiliated options markets.6
The Exchange now proposes to
reallocate operational responsibility
from FINRA to the Exchange’s
Regulation Department 7 for certain
investigation and enforcement activities,
specifically: (1) Investigation and
enforcement responsibilities for conduct
occurring on The BX Options Market,8
and (2) investigation and enforcement
responsibilities for conduct occurring
on BX’s equity market only (i.e., not also
on non-Nasdaq-affiliated equities
markets).9 The Exchange states that it
anticipates a phased transition whereby
it would assume increasing
investigation and enforcement
responsibility throughout 2019 and into
2020.10 The Exchange also anticipates
transitioning certain matters currently
pending with FINRA to the Exchange’s
Enforcement Department if the
Exchange’s Enforcement Department
believes doing so is consistent with
ensuring prompt resolution of
regulatory matters.11
Amendment No. 1, supra note 4 at 4.
id. at 4–5.
7 The Exchange’s Regulation Department includes
the Exchange’s Enforcement Department. See id. at
6 n.7. The Exchange states that the staff that
comprises the Exchange’s Regulation Department is
the same that comprises the Nasdaq Regulation
Department. See id.
8 The Exchange states that, as appropriate, the
Exchange’s Regulation Department will coordinate
with other self-regulatory organizations to the
extent it is investigating activity occurring on nonNasdaq-affiliated options markets to ensure no
regulatory duplication occurs. See id. at 6 n.8.
9 See id. at 5–6. The Exchange believes its
expertise in its own market structure, coupled with
its expertise in surveillance activities, would enable
it to conduct investigation and enforcement
responsibilities for the Exchange effectively,
efficiently, and with immediacy. See id. at 7. The
Exchange also states that Commission approval of
the proposal would allow it to better leverage its
surveillance, investigation, and enforcement teams,
to deliver increased efficiencies in the regulation of
its market, and to act promptly and provide more
effective regulation. See id. at 10.
10 See id. at 9.
11 See id.
27387
The Exchange states that FINRA will
continue to perform certain functions,
including, among other things: (1) The
investigation and enforcement of
conduct occurring on the BX equity
market that also relates to cross market
activity on non-Nasdaq-affiliated
exchanges; (2) the handling of contested
disciplinary proceedings arising out of
BX Regulation-led investigation and
enforcement activities; 12 and (3) matters
covered by agreements to allocate
regulatory responsibility under Rule
17d–2 of the Act.13
III. Discussion and Commission
Findings
After careful review, the Commission
finds that the proposed rule change, as
modified by Amendment No. 1, is
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to a national
securities exchange 14 and, in particular,
with Sections 6(b)(5) and 6(b)(7) of the
Act.15 As noted above, since its
acquisition by The NASDAQ OMX
Group, Inc., the Exchange has
contracted with FINRA through various
regulatory services agreements to
perform certain regulatory functions on
its behalf.16 BX Rule 0150 requires that,
unless BX obtains prior Commission
approval, the regulatory functions
subject to the regulatory services
agreement in effect at the time when BX
executed the agreement in 2008 must at
all times continue to be performed by
FINRA or an affiliate thereof or by
another independent self-regulatory
organization. The Exchange now
proposes to reallocate operational
responsibility for the specific
investigation and enforcement activities
discussed above from FINRA to the
5 See
6 See
PO 00000
Frm 00157
Fmt 4703
Sfmt 4703
12 The Exchange states that, for example, pursuant
to Rule 9216, if at the conclusion of a BX
Regulation-led investigation, BX Regulation has
reason to believe that a violation occurred but the
Respondent disputes the violation and therefore
does not execute an Acceptance, Waiver, and
Consent (‘‘AWC’’) letter, or if the Respondent
executes the AWC letter but the Exchange Review
Council, Review Subcommittee, or FINRA’s Office
of Disciplinary Affairs does not accept the executed
letter, the Exchange may decide to pursue formal
disciplinary proceedings. In such a case, the
Exchange would refer the matter to FINRA to
handle the formal disciplinary proceedings on its
behalf. FINRA’s Office of Hearing Officers will
continue to be responsible for the administration of
the hearing process. See id. at 8 n.15.
13 See id. at 8. The Exchange represents that, as
with all investigation and enforcement work, all
tasks delegated to FINRA are subject to BX’s
supervision and ultimate responsibility. See id.
14 In approving this proposed rule change, the
Commission has considered the proposed rule’s
impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
15 15 U.S.C. 78f(b)(5), (7).
16 See supra note 5 and accompanying text.
E:\FR\FM\12JNN1.SGM
12JNN1
27388
Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices
Exchange’s Regulation Department.17
The Commission believes that the
Exchange could leverage its knowledge
of its markets and members, its
experience with investigation and
enforcement work, and its surveillance,
investigation, and enforcement staff, in
helping it to effectively and efficiently
conduct the reallocated investigation
and enforcement activities. The
Commission also notes that the proposal
would be an incremental reallocation of
operational responsibility because the
staff of the Exchange’s Regulation
Department currently performs the same
investigative and enforcement work on
behalf of Nasdaq PHLX LLC, Nasdaq
ISE, LLC, Nasdaq GEMX, LLC, and
Nasdaq MRX, LLC.18 Moreover, the
Commission recently approved a similar
proposal by Nasdaq to reallocate
operational responsibility for specific
investigation and enforcement activities
from FINRA to Nasdaq.19 In addition,
the Exchange states that BX Regulation
has instituted the requisite
infrastructure to accommodate the
internalization of the investigative and
enforcement work on behalf of the
Exchange.20 Furthermore, the Exchange
states that BX Regulation has developed
comprehensive plans covering the
transition and has met regularly for
more than one year to ensure a smooth
transition of the work and prevent any
gaps in regulatory coverage.21
Accordingly, the Commission believes
that the proposed rule change, as
modified by Amendment No. 1, is
consistent with the Act.
IV. Solicitation of Comments on
Amendment No. 1 to the Proposed Rule
Change
Interested persons are invited to
submit written data, views, and
arguments concerning whether
Amendment No. 1 is consistent with the
17 See
supra notes 7–9 and accompanying text.
Amendment No. 1, supra note 4 at 7. As
noted above, the staff that comprises the Exchange’
Regulation Department is the same that comprises
the Nasdaq Regulation Department. See supra note
7.
19 See Securities Exchange Act Release No. 85505
(April 3, 2019), 84 FR 14170 (April 9, 2019) (SR–
NASDAQ–2019–007).
20 See Amendment No. 1, supra note 4 at 8.
Specifically, BX has created a new investigation
and enforcement group to perform the functions
covered by this proposal, which included hiring
additional staff. See id. at 9. The Exchange would
also leverage its existing staff of analysts, lawyers,
programmers, and market structure experts to assist,
where necessary, with performing the new
functions covered by this proposal. See id.
21 See id. The investigatory and disciplinary
processes and related rules applicable to Exchange
members that FINRA currently follows on the
Exchange’s behalf (i.e., the Series 8000 and 9000
rules) will remain the same. See id. at 9 n.17.
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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–
BX–2019–002 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–BX–2019–002. 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–BX–2019–002 and should
be submitted on or before July 3, 2019.
V. Accelerated Approval of Proposed
Rule Change, as Modified by
Amendment No. 1
The Commission finds good cause to
approve the proposed rule change, as
modified by Amendment No. 1, prior to
the thirtieth day after the date of
publication of notice of the filing of
Amendment No. 1 in the Federal
Register. The Commission notes that, in
Amendment No. 1, the Exchange
provided additional information to
PO 00000
Frm 00158
Fmt 4703
Sfmt 4703
clarify and support the proposal, and
did not materially change the substance
of the proposal. The Commission also
notes that the original proposal was
subject to a 21-day comment period and
no comments were received.
Accordingly, the Commission finds
good cause, pursuant to Section 19(b)(2)
of the Act,22 to approve the proposed
rule change, as modified by Amendment
No. 1, on an accelerated basis.
VI. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,23 that the
proposed rule change (SR–BX–2019–
002), as modified by Amendment No. 1
be, and hereby is, approved on an
accelerated basis.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.24
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019–12341 Filed 6–11–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–86053; File No. SR–BOX–
2019–20]
Self-Regulatory Organizations; BOX
Exchange LLC; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend Rule 7260 by
Extending the Penny Pilot Program
Through December 31, 2019
June 6, 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 June 3,
2019, BOX Exchange LLC (the
‘‘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 self-regulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
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 7260 by extending the Penny Pilot
Program through December 31, 2019.
The text of the proposed rule change is
22 15
U.S.C. 78s(b)(2).
23 Id.
24 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\12JNN1.SGM
12JNN1
]]>Agencies
[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Pages 27387-27388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12341]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-86051; File No. SR-BX-2019-002]
Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
of Amendment No. 1 and Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment No. 1, To Reassign
Certain Investigation and Enforcement Functions Under the Exchange's
Authority and Supervision
June 6, 2019.
I. Introduction
On April 5, 2019, Nasdaq BX, Inc. (``Exchange'' or ``BX'') 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 to assume
operational responsibility for certain investigation and enforcement
functions currently performed by the Financial Industry Regulatory
Authority (``FINRA'') under the Exchange's authority and supervision.
The proposed rule change was published for comment in the Federal
Register on April 24, 2019.\3\ On May 2, 2019, the Exchange filed
Amendment No. 1 to the proposed rule change, which amended and replaced
the proposed rule change as originally filed.\4\ The Commission did not
receive any comment letters on the proposed rule change. The Commission
is publishing this notice to solicit comments on Amendment No. 1 from
interested persons, and is approving the proposed rule change, as
modified by Amendment No. 1, on an accelerated basis.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 85691 (April 18,
2019), 84 FR 17219.
\4\ In Amendment No. 1, the Exchange: (1) Clarified that the
staff performing surveillance work on behalf of BX's options and
equities markets is the same that performs surveillance work on
behalf of all The Nasdaq Stock Market LLC (``Nasdaq'')-affiliated
equities and options markets; (2) clarified the equities
surveillance patterns and related review functions that were
previously reallocated from FINRA to the Exchange; (3) clarified
that the Exchange bears the ultimate responsibility for self-
regulatory conduct and primary liability for self-regulatory
failures; and (4) made other technical, clarifying, and conforming
changes. Amendment No. 1 is available at https://www.sec.gov/comments/sr-bx-2019-002/srbx2019002-5442622-184831.pdf.
---------------------------------------------------------------------------
II. Description of the Proposal
Since its acquisition by The NASDAQ OMX Group, Inc., the Exchange
has contracted with FINRA through various regulatory services
agreements to perform certain regulatory functions on its behalf.\5\ At
the same time, the Exchange has retained operational responsibility for
a number of regulatory functions, including real-time surveillance and
most surveillance related to its affiliated options markets.\6\
---------------------------------------------------------------------------
\5\ See Amendment No. 1, supra note 4 at 4.
\6\ See id. at 4-5.
---------------------------------------------------------------------------
The Exchange now proposes to reallocate operational responsibility
from FINRA to the Exchange's Regulation Department \7\ for certain
investigation and enforcement activities, specifically: (1)
Investigation and enforcement responsibilities for conduct occurring on
The BX Options Market,\8\ and (2) investigation and enforcement
responsibilities for conduct occurring on BX's equity market only
(i.e., not also on non-Nasdaq-affiliated equities markets).\9\ The
Exchange states that it anticipates a phased transition whereby it
would assume increasing investigation and enforcement responsibility
throughout 2019 and into 2020.\10\ The Exchange also anticipates
transitioning certain matters currently pending with FINRA to the
Exchange's Enforcement Department if the Exchange's Enforcement
Department believes doing so is consistent with ensuring prompt
resolution of regulatory matters.\11\
---------------------------------------------------------------------------
\7\ The Exchange's Regulation Department includes the Exchange's
Enforcement Department. See id. at 6 n.7. The Exchange states that
the staff that comprises the Exchange's Regulation Department is the
same that comprises the Nasdaq Regulation Department. See id.
\8\ The Exchange states that, as appropriate, the Exchange's
Regulation Department will coordinate with other self-regulatory
organizations to the extent it is investigating activity occurring
on non-Nasdaq-affiliated options markets to ensure no regulatory
duplication occurs. See id. at 6 n.8.
\9\ See id. at 5-6. The Exchange believes its expertise in its
own market structure, coupled with its expertise in surveillance
activities, would enable it to conduct investigation and enforcement
responsibilities for the Exchange effectively, efficiently, and with
immediacy. See id. at 7. The Exchange also states that Commission
approval of the proposal would allow it to better leverage its
surveillance, investigation, and enforcement teams, to deliver
increased efficiencies in the regulation of its market, and to act
promptly and provide more effective regulation. See id. at 10.
\10\ See id. at 9.
\11\ See id.
---------------------------------------------------------------------------
The Exchange states that FINRA will continue to perform certain
functions, including, among other things: (1) The investigation and
enforcement of conduct occurring on the BX equity market that also
relates to cross market activity on non-Nasdaq-affiliated exchanges;
(2) the handling of contested disciplinary proceedings arising out of
BX Regulation-led investigation and enforcement activities; \12\ and
(3) matters covered by agreements to allocate regulatory responsibility
under Rule 17d-2 of the Act.\13\
---------------------------------------------------------------------------
\12\ The Exchange states that, for example, pursuant to Rule
9216, if at the conclusion of a BX Regulation-led investigation, BX
Regulation has reason to believe that a violation occurred but the
Respondent disputes the violation and therefore does not execute an
Acceptance, Waiver, and Consent (``AWC'') letter, or if the
Respondent executes the AWC letter but the Exchange Review Council,
Review Subcommittee, or FINRA's Office of Disciplinary Affairs does
not accept the executed letter, the Exchange may decide to pursue
formal disciplinary proceedings. In such a case, the Exchange would
refer the matter to FINRA to handle the formal disciplinary
proceedings on its behalf. FINRA's Office of Hearing Officers will
continue to be responsible for the administration of the hearing
process. See id. at 8 n.15.
\13\ See id. at 8. The Exchange represents that, as with all
investigation and enforcement work, all tasks delegated to FINRA are
subject to BX's supervision and ultimate responsibility. See id.
---------------------------------------------------------------------------
III. Discussion and Commission Findings
After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange \14\ and, in particular,
with Sections 6(b)(5) and 6(b)(7) of the Act.\15\ As noted above, since
its acquisition by The NASDAQ OMX Group, Inc., the Exchange has
contracted with FINRA through various regulatory services agreements to
perform certain regulatory functions on its behalf.\16\ BX Rule 0150
requires that, unless BX obtains prior Commission approval, the
regulatory functions subject to the regulatory services agreement in
effect at the time when BX executed the agreement in 2008 must at all
times continue to be performed by FINRA or an affiliate thereof or by
another independent self-regulatory organization. The Exchange now
proposes to reallocate operational responsibility for the specific
investigation and enforcement activities discussed above from FINRA to
the
[[Page 27388]]
Exchange's Regulation Department.\17\ The Commission believes that the
Exchange could leverage its knowledge of its markets and members, its
experience with investigation and enforcement work, and its
surveillance, investigation, and enforcement staff, in helping it to
effectively and efficiently conduct the reallocated investigation and
enforcement activities. The Commission also notes that the proposal
would be an incremental reallocation of operational responsibility
because the staff of the Exchange's Regulation Department currently
performs the same investigative and enforcement work on behalf of
Nasdaq PHLX LLC, Nasdaq ISE, LLC, Nasdaq GEMX, LLC, and Nasdaq MRX,
LLC.\18\ Moreover, the Commission recently approved a similar proposal
by Nasdaq to reallocate operational responsibility for specific
investigation and enforcement activities from FINRA to Nasdaq.\19\ In
addition, the Exchange states that BX Regulation has instituted the
requisite infrastructure to accommodate the internalization of the
investigative and enforcement work on behalf of the Exchange.\20\
Furthermore, the Exchange states that BX Regulation has developed
comprehensive plans covering the transition and has met regularly for
more than one year to ensure a smooth transition of the work and
prevent any gaps in regulatory coverage.\21\ Accordingly, the
Commission believes that the proposed rule change, as modified by
Amendment No. 1, is consistent with the Act.
---------------------------------------------------------------------------
\14\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
\15\ 15 U.S.C. 78f(b)(5), (7).
\16\ See supra note 5 and accompanying text.
\17\ See supra notes 7-9 and accompanying text.
\18\ See Amendment No. 1, supra note 4 at 7. As noted above, the
staff that comprises the Exchange' Regulation Department is the same
that comprises the Nasdaq Regulation Department. See supra note 7.
\19\ See Securities Exchange Act Release No. 85505 (April 3,
2019), 84 FR 14170 (April 9, 2019) (SR-NASDAQ-2019-007).
\20\ See Amendment No. 1, supra note 4 at 8. Specifically, BX
has created a new investigation and enforcement group to perform the
functions covered by this proposal, which included hiring additional
staff. See id. at 9. The Exchange would also leverage its existing
staff of analysts, lawyers, programmers, and market structure
experts to assist, where necessary, with performing the new
functions covered by this proposal. See id.
\21\ See id. The investigatory and disciplinary processes and
related rules applicable to Exchange members that FINRA currently
follows on the Exchange's behalf (i.e., the Series 8000 and 9000
rules) will remain the same. See id. at 9 n.17.
---------------------------------------------------------------------------
IV. Solicitation of Comments on Amendment No. 1 to the Proposed Rule
Change
Interested persons are invited to submit written data, views, and
arguments concerning whether Amendment No. 1 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-BX-2019-002 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-BX-2019-002. 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-BX-2019-002 and should be submitted on
or before July 3, 2019.
V. Accelerated Approval of Proposed Rule Change, as Modified by
Amendment No. 1
The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 1, prior to the thirtieth day
after the date of publication of notice of the filing of Amendment No.
1 in the Federal Register. The Commission notes that, in Amendment No.
1, the Exchange provided additional information to clarify and support
the proposal, and did not materially change the substance of the
proposal. The Commission also notes that the original proposal was
subject to a 21-day comment period and no comments were received.
Accordingly, the Commission finds good cause, pursuant to Section
19(b)(2) of the Act,\22\ to approve the proposed rule change, as
modified by Amendment No. 1, on an accelerated basis.
---------------------------------------------------------------------------
\22\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------
VI. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\23\ that the proposed rule change (SR-BX-2019-002), as modified by
Amendment No. 1 be, and hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------
\23\ Id.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------
\24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-12341 Filed 6-11-19; 8:45 am]
BILLING CODE 8011-01-P
