Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a Mass Cancellation Rule and Amend Other Sections of the Rulebook, 72063-72065 [2019-28172]

Download as PDF Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Notices • Send an email to rule-comments@ sec.gov. Please include File Number SR– PEARL–2019–35 on the subject line. SECURITIES AND EXCHANGE COMMISSION Paper Comments [Release No. 34–87844; File No. SR–GEMX– 2019–18] • 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–PEARL–2019–35. 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 (http://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–PEARL–2019–35 and should be submitted on or before January 21, 2020. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 J. Matthew DeLesDernier, Assistant Secretary. khammond on DSKJM1Z7X2PROD with NOTICES [FR Doc. 2019–28085 Filed 12–27–19; 8:45 am] BILLING CODE 8011–01–P Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a Mass Cancellation Rule and Amend Other Sections of the Rulebook December 23, 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 December 9, 2019, Nasdaq GEMX, LLC (‘‘GEMX’’ 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 definitions within General 1, Section 1, adopt a new definition for ‘‘Away Best Bid or Offer’’ within Options 1, Section 1, and update rule citations in various other rules. The text of the proposed rule change is available on the Exchange’s website at http://nasdaqgemx.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. 1 15 10 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 20:00 Dec 27, 2019 2 17 Jkt 250001 PO 00000 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00174 Fmt 4703 72063 A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to adopt a new rule at Options 3, Section 19 titled ‘‘Mass Cancellation of Trading Interest.’’ The Exchange also proposes to amend definitions within General 1, Section 1, adopt a new definition for ‘‘Away Best Bid or Offer within Options 1, Section 1, and update rule citations in various other rules. Mass Cancellation of Trading Interest The Exchange proposes to adopt a new rule at Options 3, Section 19 titled ‘‘Mass Cancellation of Trading Interest.’’ The Nasdaq Options Market LLC (‘‘NOM’’) and Nasdaq BX, Inc. (‘‘BX’’) rules at Chapter VII, Section 11 permit Participants on those markets to contact market operations and manually request cancellation of interest. The Exchange proposes to adopt a rule which also permits Members to contact market operations and request the Exchange to manually cancel interest. The proposed new rule would state, ‘‘A Member may cancel any bids, offers, and orders in any series of options by requesting GEMX Market Operations 3 staff to effect such cancellation as per the instructions of the Member.’’ This new rule reflects the Exchange’s current practice of allowing Members to contact GEMX Market Operations and request the Exchange to cancel any bid, offer or order in any series of options. The Exchange would cancel such bid, offer or order pursuant to the Member’s instruction. The Exchange desires to memorialize the availability of this service. Definitions The Exchange proposes to make a technical amendment to General 1, Section 1(a)(6) to note the acronym for an Electronic Access Member, an ‘‘EAM’’ within the definition. The acronym is utilized throughout the Rulebook. Defining the acronym within the definition will add transparency to the Rulebook. The Exchange proposes to add the definition of an ‘‘Away Best Bid or Offer’’ or ‘‘ABBO’’ within Options 1, Section 1(a)(4). This term is utilized throughout the Rulebook. Defining this term will bring greater transparency to the Rulebook. The Exchange also proposes to update the numbering in the remainder of the rule and also update 3 The request to Market Operations is a manual request which is made telephonically. Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1 72064 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Notices cross-references throughout the Rulebook 4 as a result of the renumbering. Other Changes The Exchange proposes to reserve certain rules 5 in connection with a Rulebook harmonization project which organizes the rules of the Nasdaq affiliated markets. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,6 in general, and furthers the objectives of Section 6(b)(5) of the Act,7 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. khammond on DSKJM1Z7X2PROD with NOTICES Mass Cancellation of Trading Interest The Exchange’s proposal to memorialize the Mass Cancellation of Trading Interest rule within Options 3, Section 19 is consistent with the Act because permitting Members to contact Market Operations as a manual alternative to automated functionality which similarly allows Members to cancel interest provides Members experiencing their own system issues with a means to manage risk. Today, Members are able to cancel interest, in an automated fashion through protocols 8 and the Kill Switch.9 This is a voluntary services offered to all Members. The Exchange notes that offering this service, which permits Members to cancel interest, will not diminish a Market Maker’s obligation with respect to providing two-sided quotations and this rule is not inconsistent with other firm quote obligations of the Market Maker. Upon the request of a Member, GEMX Market Operations will manually input a mass cancellation message into the System consistent with the Member’s instruction to cancel trading interest. Once the mass cancellation message is entered into the System by GEMX Market Operations, the message will be accepted by the System in the order of receipt in the queue such that the interest that was already accepted into the System will be processed prior 4 See Options 3, Section 10 and Options 7, Section 1. 5 Options 2, Section 3 and Options 3, Section 28 are being reserved. 6 15 U.S.C. 78f(b). 7 15 U.S.C. 78f(b)(5). 8 See Options 3 at Supplementary Material .03 to Section 7. 9 See Options 3, Section 17. VerDate Sep<11>2014 20:00 Dec 27, 2019 Jkt 250001 to the mass cancellation message. In addition, mass cancellation messages entered into the System by GEMX Market Operations are handled by the System through the same queuing mechanism that a quote or order message is handled by the System. The Exchange notes its processing of a mass cancellation message inputted by GEMX Market Operations and handled by the System is consistent with firm quote and order handling rules. As noted above, NOM and BX Rules at Chapter VII, Section 11 allow NOM and BX Participants to also contact market operations and request cancellations of interest. This new rule reflects the Exchange’s current practice. Definitions The Exchange’s proposal to add the acronym for an Electronic Access Member, an ‘‘EAM’’ within General 1, Section 1 and add the definition of an ‘‘Away Best Bid or Offer’’ or ‘‘ABBO’’ within Options 1, Section 1(a)(4) are consistent with the Act because these amendments will add transparency to the Rulebook. Other Changes The remainder of the changes to correct numbering and citations are non-substantive. 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 that is not necessary or appropriate in furtherance of the purposes of the Act. Mass Cancellation of Trading Interest The Exchange’s proposal to memorialize the Mass Cancellation of Trading Interest rule within Options 3, Section 19 does not impose an undue burden on competition because all Members may utilize this service. This new rule reflects the Exchange’s current practice. Definitions Other Changes The remainder of the changes to correct numbering and citations are non-substantive. Frm 00175 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)(iii) of the Act 10 and subparagraph (f)(6) of Rule 19b–4 thereunder.11 A proposed rule change filed under Rule 19b–4(f)(6) 12 normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b–4(f)(6)(iii),13 the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange requests that the Commission waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Exchange notes that NOM and BX currently have rules that permit NOM and BX Participants to cancel interest,14 and that the Exchange proposes the additional changes to provide greater clarity in its rules. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. Accordingly, the Commission waives the 30-day operative delay and designates the proposed rule change operative upon filing.15 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 10 15 The Exchange’s proposal to add the acronym for an Electronic Access Member, an ‘‘EAM’’ within General 1, Section 1 and add the definition of an ‘‘Away Best Bid or Offer’’ or ‘‘ABBO’’ within Options 1, Section 1(a)(4) do not impose an undue burden on competition because these amendments will add transparency to the Rulebook. PO 00000 C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Fmt 4703 Sfmt 4703 U.S.C. 78s(b)(3)(A)(iii). CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6) requires the Exchange 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. 12 17 CFR 240.19b–4(f)(6). 13 17 CFR 240.19b–4(f)(6)(iii). 14 See NOM and BX Rules at Chapter VII, Section 11. 15 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 11 17 E:\FR\FM\30DEN1.SGM 30DEN1 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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. Number SR–GEMX–2019–18 and should be submitted on or before January 21, 2020. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.16 Eduardo A. Aleman, Deputy Secretary. 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: [FR Doc. 2019–28172 Filed 12–27–19; 8:45 am] Electronic Comments • Use the Commission’s internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number SR– GEMX–2019–18 on the subject line. Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change, as Modified by Amendment No. 1, To Amend Chapter One of the Listed Company Manual To Modify the Provisions Relating to Direct Listings 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–GEMX–2019–18. 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 (http://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 December 20, 2019. VerDate Sep<11>2014 20:00 Dec 27, 2019 Jkt 250001 BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–87821; File No. SR–NYSE– 2019–67] Pursuant to Section 19(b)(1)1 of the Securities Exchange Act of 1934 (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 notice is hereby given that on December 11, 2019, New York Stock Exchange LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) a proposed rule change. On December 13, 2019, the Exchange filed Amendment No. 1 to the proposed rule change, which amended and replaced the proposed rule change in its entirety. The proposed rule change, as modified by Amendment No. 1, is described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change, as modified by Amendment No. 1, from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Chapter One of the Listed Company Manual (the ‘‘Manual’’) to modify the provisions relating to direct listings.4 16 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 15 U.S.C. 78a. 3 17 CFR 240.19b–4. 4 The Exchange has previously filed a proposed rule change to amend Chapter One of the Manual to modify the provisions related to direct listings. See SR–NYSE–2019–67. The Exchange is now filing this Amendment No. 1 to SR–NYSE–2019–67 to make clear in Exhibit 5 to this filing that a company conducting a Primary Direct Floor Listing in which the company sells shares in the opening auction with a market value of less than $100 million will be eligible to list if the aggregate of the market value of publicly-held shares immediately prior to listing 1 15 PO 00000 Frm 00176 Fmt 4703 Sfmt 4703 72065 The proposed rule change is available on the Exchange’s website at www.nyse.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 self-regulatory organization 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 those 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 parts of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose Section 102.01B of the Manual includes initial listing requirements for a company that has not previously had its common equity securities registered under the Act, to list its common equity securities on the Exchange at the time of effectiveness of a registration statement filed solely for the purpose of allowing existing shareholders to sell their shares (a ‘‘Selling Shareholder Direct Floor Listing’’).5 To allow a company to sell shares on its own behalf in connection with its initial listing upon effectiveness of a registration statement, without a traditional underwritten public offering, the Exchange proposes to amend Section 102.01B. The proposed change would allow a company that has not previously had its common equity securities registered under the Act, to list its common equity securities on the Exchange at the time of effectiveness of a registration statement pursuant to which the company will sell shares in the opening auction on the first day of trading on the Exchange (a ‘‘Primary Direct Floor Listing’’). The proposal would permit a company to conduct a Primary Direct Floor Listing in addition to, or instead of, a Selling Shareholder Direct Floor Listing. together with the market value of shares sold by the company in the opening auction totals at least $250 million. This Amendment No.1 to SR–NYSE–2019– 67 replaces SR–NYSE–2019–67 as originally filed and supersedes such filing in its entirety. 5 Securities Exchange Act Release No. 82627 (February 2, 2018), 83 FR 5650 (February 8, 2018) (SR–NYSE–2017–30). E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Pages 72063-72065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28172]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87844; File No. SR-GEMX-2019-18]


Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Adopt a Mass 
Cancellation Rule and Amend Other Sections of the Rulebook

December 23, 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 December 9, 2019, Nasdaq GEMX, LLC (``GEMX'' 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 definitions within General 1, 
Section 1, adopt a new definition for ``Away Best Bid or Offer'' within 
Options 1, Section 1, and update rule citations in various other rules.
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqgemx.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 Exchange proposes to adopt a new rule at Options 3, Section 19 
titled ``Mass Cancellation of Trading Interest.'' The Exchange also 
proposes to amend definitions within General 1, Section 1, adopt a new 
definition for ``Away Best Bid or Offer within Options 1, Section 1, 
and update rule citations in various other rules.
Mass Cancellation of Trading Interest
    The Exchange proposes to adopt a new rule at Options 3, Section 19 
titled ``Mass Cancellation of Trading Interest.'' The Nasdaq Options 
Market LLC (``NOM'') and Nasdaq BX, Inc. (``BX'') rules at Chapter VII, 
Section 11 permit Participants on those markets to contact market 
operations and manually request cancellation of interest. The Exchange 
proposes to adopt a rule which also permits Members to contact market 
operations and request the Exchange to manually cancel interest. The 
proposed new rule would state, ``A Member may cancel any bids, offers, 
and orders in any series of options by requesting GEMX Market 
Operations \3\ staff to effect such cancellation as per the 
instructions of the Member.'' This new rule reflects the Exchange's 
current practice of allowing Members to contact GEMX Market Operations 
and request the Exchange to cancel any bid, offer or order in any 
series of options. The Exchange would cancel such bid, offer or order 
pursuant to the Member's instruction. The Exchange desires to 
memorialize the availability of this service.
---------------------------------------------------------------------------

    \3\ The request to Market Operations is a manual request which 
is made telephonically.
---------------------------------------------------------------------------

Definitions
    The Exchange proposes to make a technical amendment to General 1, 
Section 1(a)(6) to note the acronym for an Electronic Access Member, an 
``EAM'' within the definition. The acronym is utilized throughout the 
Rulebook. Defining the acronym within the definition will add 
transparency to the Rulebook.
    The Exchange proposes to add the definition of an ``Away Best Bid 
or Offer'' or ``ABBO'' within Options 1, Section 1(a)(4). This term is 
utilized throughout the Rulebook. Defining this term will bring greater 
transparency to the Rulebook. The Exchange also proposes to update the 
numbering in the remainder of the rule and also update

[[Page 72064]]

cross-references throughout the Rulebook \4\ as a result of the 
renumbering.
---------------------------------------------------------------------------

    \4\ See Options 3, Section 10 and Options 7, Section 1.
---------------------------------------------------------------------------

Other Changes
    The Exchange proposes to reserve certain rules \5\ in connection 
with a Rulebook harmonization project which organizes the rules of the 
Nasdaq affiliated markets.
---------------------------------------------------------------------------

    \5\ Options 2, Section 3 and Options 3, Section 28 are being 
reserved.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\6\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\7\ 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

Mass Cancellation of Trading Interest
    The Exchange's proposal to memorialize the Mass Cancellation of 
Trading Interest rule within Options 3, Section 19 is consistent with 
the Act because permitting Members to contact Market Operations as a 
manual alternative to automated functionality which similarly allows 
Members to cancel interest provides Members experiencing their own 
system issues with a means to manage risk. Today, Members are able to 
cancel interest, in an automated fashion through protocols \8\ and the 
Kill Switch.\9\ This is a voluntary services offered to all Members.
---------------------------------------------------------------------------

    \8\ See Options 3 at Supplementary Material .03 to Section 7.
    \9\ See Options 3, Section 17.
---------------------------------------------------------------------------

    The Exchange notes that offering this service, which permits 
Members to cancel interest, will not diminish a Market Maker's 
obligation with respect to providing two-sided quotations and this rule 
is not inconsistent with other firm quote obligations of the Market 
Maker. Upon the request of a Member, GEMX Market Operations will 
manually input a mass cancellation message into the System consistent 
with the Member's instruction to cancel trading interest. Once the mass 
cancellation message is entered into the System by GEMX Market 
Operations, the message will be accepted by the System in the order of 
receipt in the queue such that the interest that was already accepted 
into the System will be processed prior to the mass cancellation 
message. In addition, mass cancellation messages entered into the 
System by GEMX Market Operations are handled by the System through the 
same queuing mechanism that a quote or order message is handled by the 
System. The Exchange notes its processing of a mass cancellation 
message inputted by GEMX Market Operations and handled by the System is 
consistent with firm quote and order handling rules.
    As noted above, NOM and BX Rules at Chapter VII, Section 11 allow 
NOM and BX Participants to also contact market operations and request 
cancellations of interest. This new rule reflects the Exchange's 
current practice.
Definitions
    The Exchange's proposal to add the acronym for an Electronic Access 
Member, an ``EAM'' within General 1, Section 1 and add the definition 
of an ``Away Best Bid or Offer'' or ``ABBO'' within Options 1, Section 
1(a)(4) are consistent with the Act because these amendments will add 
transparency to the Rulebook.
Other Changes
    The remainder of the changes to correct numbering and citations are 
non-substantive.

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 that is not necessary or appropriate 
in furtherance of the purposes of the Act.
Mass Cancellation of Trading Interest
    The Exchange's proposal to memorialize the Mass Cancellation of 
Trading Interest rule within Options 3, Section 19 does not impose an 
undue burden on competition because all Members may utilize this 
service. This new rule reflects the Exchange's current practice.
Definitions
    The Exchange's proposal to add the acronym for an Electronic Access 
Member, an ``EAM'' within General 1, Section 1 and add the definition 
of an ``Away Best Bid or Offer'' or ``ABBO'' within Options 1, Section 
1(a)(4) do not impose an undue burden on competition because these 
amendments will add transparency to the Rulebook.
Other Changes
    The remainder of the changes to correct numbering and citations are 
non-substantive.

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)(iii) of the Act \10\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires the Exchange 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange requests 
that the Commission waive the 30-day operative delay so that the 
proposal may become operative immediately upon filing. The Exchange 
notes that NOM and BX currently have rules that permit NOM and BX 
Participants to cancel interest,\14\ and that the Exchange proposes the 
additional changes to provide greater clarity in its rules. The 
Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
Accordingly, the Commission waives the 30-day operative delay and 
designates the proposed rule change operative upon filing.\15\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ See NOM and BX Rules at Chapter VII, Section 11.
    \15\ For purposes only of waiving the 30-day 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 the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such

[[Page 72065]]

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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-GEMX-2019-18 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-GEMX-2019-18. 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 (http://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-GEMX-2019-18 and should be submitted on 
or before January 21, 2020.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-28172 Filed 12-27-19; 8:45 am]
BILLING CODE 8011-01-P