Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend General 9, Section 1, Titled General Standards, 12360-12362 [2020-04184]
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12360
Federal Register / Vol. 85, No. 41 / Monday, March 2, 2020 / Notices
orders as Cancel Back orders, including
Post Only orders. Cancel Back orders of
all Users will be handled in the same
manner. Additionally, all Post Only—
Cancel Back orders that would remove
liquidity will be handled in the same
manner pursuant to the proposed rule
change. Further, the use of the Cancel
Back instruction and/or the Post Only—
Cancel Back designation is voluntary
and all Users may, instead, elect for
their orders to be subject to the displayprice sliding process or the Price Adjust
process (specifically, if they wish for
their Post Only orders not to remove
liquidity).
The Exchange does not believe the
proposed rule change will impose any
burden on intermarket competition that
is not necessary or appropriate in
furtherance of the purposes of the Act.
First, the Cancel Back instruction is
functionality currently available and
contemplated by the Rules. The
instruction is intended as an additional
order mechanism to ensure compliance
with the linkage rules that provides
Users with additional flexibility with
respect to handling their orders. Second,
the proposed rule change to allow Post
Only—Cancel Back orders to remove
liquidity pursuant to Rule 21.1(d)(8)
does not impact intermarket
competition as Post Only orders (with
any additional instruction), by
definition, do not route away to other
options exchanges. To the extent that
the proposed changes make BZX
Options a more attractive marketplace
for market participants at other
exchanges, such market participants are
welcome to become BZX Options
market participants. Additionally, the
Exchange notes that the proposed rule
change to the rule governing Post Only
orders subject to the display-price
sliding process would not impose any
burden on competition as the proposed
changes are nonsubstantive and serve
only to add clarity to the rule and make
it easier to follow and understand.
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C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not:
A. Significantly affect the protection
of investors or the public interest;
B. impose any significant burden on
competition; and
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18:10 Feb 28, 2020
Jkt 250001
C. 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 17 and Rule 19b–4(f)(6) 18
thereunder. At any time within 60 days
of the filing of the proposed rule change,
the Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission will institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
CboeBZX–2020–017 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–CboeBZX–2020–017. 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–CboeBZX–2020–017 and
should be submitted on or before March
23, 2020.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020–04187 Filed 2–28–20; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–88282; File No. SR–
NASDAQ–2020–010]
Self-Regulatory Organizations; The
Nasdaq Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
General 9, Section 1, Titled General
Standards
February 25, 2020.
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
19, 2020, The Nasdaq Stock Market LLC
(‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
General 9, Section 1, titled ‘‘General
Standards.’’
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
19 17
17 15
U.S.C. 78s(b)(3)(A).
18 17 CFR 240.19b–4(f)(6).
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\02MRN1.SGM
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Federal Register / Vol. 85, No. 41 / Monday, March 2, 2020 / Notices
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 recently relocated
Nasdaq rules, including The Nasdaq
Options Market LLC (‘‘NOM’’) rules,
into a new Rulebook shell.3 In
relocating the Nasdaq Rulebook, IM–
2110–3 titled, ‘‘Front Running Policy’’
was inadvertently deleted and not
relocated. IM–2110–3 provided,
‘‘Nasdaq members and persons
associated with a member shall comply
with NASD Interpretive Material 2110–
3 as if such Rule were part of Nasdaq’s
rules.’’
This rule should have been relocated
to General 9, Section 1(c), similar to the
manner in which an identical rule was
relocated into the Nasdaq BX, Inc.
(‘‘BX’’) Rulebook.4 At this time, the
Exchange proposes to relocate this rule
into General 9, Section 1(c) similar to
BX. The Exchange is not amending IM–
2110–3 in any way. The Exchange is
correcting its rules by adding IM–2110–
3 back into the Nasdaq Rulebook into
the same location as an identical rule is
located within the BX Rules. The
Exchange also proposes to re-letter the
current rule to accommodate the
addition of this rule.5
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2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,6 in general, and furthers the
3 See Securities Exchange Act Release No. 87778
(December 17, 2019), 84 FR 70590 (December 23,
2019) (SR–NASDAQ–2019–098).
4 See Securities Exchange Act Release No. 87468
(November 5, 2019), 84 FR 61091 (November 12,
2019) (SR–BX–2019–039).
5 The Exchange will also separately file another
rule change to amend other NASD Rule references
to the FINRA Rulebook.
6 15 U.S.C. 78f(b).
VerDate Sep<11>2014
18:10 Feb 28, 2020
Jkt 250001
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 and to protect investors and the
public interest by correcting its rules by
adding IM–2110–3 back into the Nasdaq
Rulebook. The deletion of this rule was
inadvertent. The Exchange did not
intend to remove this rule which
addresses the Exchange’s front running
policy. The Exchange’s proposal is
consistent with the Act and will protect
investors and the public interest by
adding back a front running policy into
its Rules that was inadvertently deleted.
The front running policy is applicable to
all members. The Exchange is not
amending IM–2110–3 in any way. The
Exchange is correcting its rules by
adding IM–2110–3 back into the Nasdaq
Rulebook into the same location as an
identical rule is located within the BX
Rules.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. The
Exchange believes that restoring IM–
2110–3 in the Nasdaq Rules does not
impose an undue burden on
competition because the rule previously
existed and is simply being relocated
into the new Rulebook as originally
intended.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 8 and Rule 19b–
4(f)(6) thereunder.9
7 15
U.S.C. 78f(b)(5).
U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
8 15
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
12361
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 10 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 11
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
public interest. The Exchange has
requested that the Commission waive
the 30-day operative delay so that the
Exchange may immediately add an
inadvertently deleted rule back into the
Exchange rulebook and ensure
continued compliance of the rule by
Exchange members. 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 as
operative upon filing.12
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2020–010 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.
as designated by the Commission. The Exchange
has satisfied this requirement.
10 17 CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6)(iii).
12 For purposes only of waiving the 30-day
operative delay, the Commission also has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
E:\FR\FM\02MRN1.SGM
02MRN1
12362
Federal Register / Vol. 85, No. 41 / Monday, March 2, 2020 / Notices
All submissions should refer to File
Number SR–NASDAQ–2020–010. 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–NASDAQ–2020–010 and
should be submitted on or before March
23, 2020.
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the closed meeting. Certain
staff members who have an interest in
the matters also may be present.
In the event that the time, date, or
location of this meeting changes, an
announcement of the change, along with
the new time, date, and/or place of the
meeting will be posted on the
Commission’s website at https://
www.sec.gov.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
and (10) and 17 CFR 200.402(a)(3),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and
(a)(10), permit consideration of the
scheduled matters at the closed meeting.
The subject matters of the closed
meeting will consist of the following
topics:
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings;
Resolution of litigation claims; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting agenda items that
may consist of adjudicatory,
examination, litigation, or regulatory
matters.
CONTACT PERSON FOR MORE INFORMATION:
For further information; please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
J. Matthew DeLesDernier,
Assistant Secretary.
Dated: February 26, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020–04184 Filed 2–28–20; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
BILLING CODE 8011–01–P
Sunshine Act Meetings
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BILLING CODE 8011–01–P
[Release No. 34–88281; File No. SR–CBOE–
2020–013]
SECURITIES AND EXCHANGE
COMMISSION
2:00 p.m. on Wednesday,
March 4, 2020.
PLACE: The meeting will be held at the
Commission’s headquarters, 100 F
Street NE, Washington, DC 20549.
STATUS: This meeting will be closed to
the public.
MATTERS TO BE CONSIDERED:
Commissioners, Counsel to the
TIME AND DATE:
[FR Doc. 2020–04296 Filed 2–27–20; 11:15 am]
Self-Regulatory Organizations; Cboe
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend Rules 4.13 and
5.31 Concerning the Modified Opening
Auction Process
February 25, 2020.
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
1 15
13 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
18:10 Feb 28, 2020
2 17
Jkt 250001
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00113
Fmt 4703
11, 2020, Cboe Exchange, Inc. Inc. (the
‘‘Exchange’’ or ‘‘Cboe Options’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the Exchange. The
Exchange filed the proposal as a ‘‘noncontroversial’’ proposed rule change
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 Exchange, Inc. (the ‘‘Exchange’’
or ‘‘Cboe Options’’) proposes to amend
Rules 4.13 and 5.31. The text of the
proposed rule change is provided
below.
(additions are italicized; deletions are
[bracketed])
*
*
*
*
Rules of Cboe Exchange, Inc.
*
*
*
*
*
Rule 4.13. Series of Index Options
(a) General.
(1)–(4) No change.
(5) Method of Determining Day that
Exercise Settlement Value will be
Calculated, Special Opening Quotation
and Expiration Date and Last Trading
Day for Options on Volatility Indexes
that Measure a 30-Day Volatility Period
(‘‘Volatility Index options’’).
(A) No change.
(B) Special Opening Quotation. The
exercise settlement value of a Volatility
Index option for such purposes shall be
calculated by the Exchange as a Special
Opening Quotation (SOQ) of the
applicable Volatility Index using the
sequence of opening prices of the
options that comprise the Volatility
Index[ ]. The opening price for any
series in which there is no trade shall
be the average of that option’s bid price
and ask price (which ask price equals
$0.05 if the series opens with
unexecuted sell market orders) as
determined at the opening of trading.
*
*
*
*
*
Rule 5.31. Opening Auction Process
(a) Definitions. For purposes of the
opening auction process in this Rule
5.31, the following terms have the
meaning below. A term defined
elsewhere in the Rules has the same
3 15
4 17
Sfmt 4703
*
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
E:\FR\FM\02MRN1.SGM
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Agencies
[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Notices]
[Pages 12360-12362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04184]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-88282; File No. SR-NASDAQ-2020-010]
Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend General 9, Section 1, Titled General Standards
February 25, 2020.
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 19, 2020, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend General 9, Section 1, titled
``General Standards.''
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
[[Page 12361]]
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 recently relocated Nasdaq rules, including The Nasdaq
Options Market LLC (``NOM'') rules, into a new Rulebook shell.\3\ In
relocating the Nasdaq Rulebook, IM-2110-3 titled, ``Front Running
Policy'' was inadvertently deleted and not relocated. IM-2110-3
provided, ``Nasdaq members and persons associated with a member shall
comply with NASD Interpretive Material 2110-3 as if such Rule were part
of Nasdaq's rules.''
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 87778 (December 17,
2019), 84 FR 70590 (December 23, 2019) (SR-NASDAQ-2019-098).
---------------------------------------------------------------------------
This rule should have been relocated to General 9, Section 1(c),
similar to the manner in which an identical rule was relocated into the
Nasdaq BX, Inc. (``BX'') Rulebook.\4\ At this time, the Exchange
proposes to relocate this rule into General 9, Section 1(c) similar to
BX. The Exchange is not amending IM-2110-3 in any way. The Exchange is
correcting its rules by adding IM-2110-3 back into the Nasdaq Rulebook
into the same location as an identical rule is located within the BX
Rules. The Exchange also proposes to re-letter the current rule to
accommodate the addition of this rule.\5\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 87468 (November 5,
2019), 84 FR 61091 (November 12, 2019) (SR-BX-2019-039).
\5\ The Exchange will also separately file another rule change
to amend other NASD Rule references to the FINRA Rulebook.
---------------------------------------------------------------------------
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 and to protect investors and the
public interest by correcting its rules by adding IM-2110-3 back into
the Nasdaq Rulebook. The deletion of this rule was inadvertent. The
Exchange did not intend to remove this rule which addresses the
Exchange's front running policy. The Exchange's proposal is consistent
with the Act and will protect investors and the public interest by
adding back a front running policy into its Rules that was
inadvertently deleted. The front running policy is applicable to all
members. The Exchange is not amending IM-2110-3 in any way. The
Exchange is correcting its rules by adding IM-2110-3 back into the
Nasdaq Rulebook into the same location as an identical rule is located
within the BX Rules.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that
restoring IM-2110-3 in the Nasdaq Rules does not impose an undue burden
on competition because the rule previously existed and is simply being
relocated into the new Rulebook as originally intended.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------
A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the Exchange may immediately add an inadvertently deleted rule
back into the Exchange rulebook and ensure continued compliance of the
rule by Exchange members. 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 as operative
upon filing.\12\
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\10\ 17 CFR 240.19b-4(f)(6).
\11\ 17 CFR 240.19b-4(f)(6)(iii).
\12\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-NASDAQ-2020-010 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.
[[Page 12362]]
All submissions should refer to File Number SR-NASDAQ-2020-010. 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-NASDAQ-2020-010 and should be submitted
on or before March 23, 2020.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
J. Matthew DeLesDernier,
Assistant Secretary.
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\13\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2020-04184 Filed 2-28-20; 8:45 am]
BILLING CODE 8011-01-P