Self-Regulatory Organizations; Long-Term Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.410(a), 53881-53883 [2020-19054]
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Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Notices
interest by facilitating the uninterrupted
availability of Users’ equipment.
For all of the above reasons, the
Exchange believes that the proposal is
consistent with the Act.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
In accordance with Section 6(b)(8) of
the Act,12 the Exchange believes that the
proposed rule change will not impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
Intramarket Competition
The Exchange does not believe that
the proposed change would place any
burden on intramarket competition that
is not necessary or appropriate.
The proposed extension of the waiver
is not designed to affect competition,
but rather to provide relief to Users that,
while a Rule 7.1 closure is in effect,
have no option but to use the Hot Hands
service.
The proposed extension of the waiver
would not apply differently to distinct
types or sizes of market participants.
Rather, all Users whose equipment
requires work during the extension of
the Data Center closure would have the
resulting fees waived, and the extension
of the waiver would apply uniformly to
all Users during the period.
Intermarket Competition
The Exchange does not believe that
the proposed change would impose any
burden on intermarket competition that
is not necessary or appropriate.
The Exchange believes that the
proposed change would not affect the
competitive landscape among the
national securities exchanges, as the Hot
Hands service is solely charged within
co-location to existing Users, and would
be temporary.
For the reasons described above, the
Exchange believes that the proposed
rule change reflects this competitive
environment.
khammond on DSKJM1Z7X2PROD with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 13 of the Act and
subparagraph (f)(2) of Rule 19b–4 14
thereunder, because it establishes a due,
fee, or other charge imposed by the
Exchange.
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 15 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSECHX–2020–25 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–NYSECHX–2020–25. 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–NYSECHX–2020–25 and
should be submitted on or before
September 21, 2020.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2020–19048 Filed 8–28–20; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–89668; File No. SR–LTSE–
2020–13]
Self-Regulatory Organizations; LongTerm Stock Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Amend
Rule 11.410(a)
August 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 August
18, 2020, Long-Term Stock Exchange,
Inc. (‘‘LTSE’’ or the ‘‘Exchange’’) 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 self-regulatory
organization. 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
LTSE proposes a rule change to
amend Rule 11.410(a) to (i) update the
Exchange’s source of data feeds for
purposes of order handling and
execution, and regulatory compliance,
to include data regarding MEMX LLC
(‘‘MEMX’’); and (ii) make ministerial
changes to the existing list of exchanges
16 17
12 15
U.S.C. 78f(b)(8).
13 15 U.S.C. 78s(b)(3)(A).
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19:30 Aug 28, 2020
14 17
CFR 240.19b–4(f)(2).
15 15 U.S.C. 78s(b)(2)(B).
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53881
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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53882
Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Notices
to address name changes and to realphabetize the list.
The text of the proposed rule change
is available at the Exchange’s website at
https://longtermstockexchange.com/, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement on 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 these statements may be examined at
the places specified in Item IV below.
The self-regulatory organization 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 on the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change 3
khammond on DSKJM1Z7X2PROD with NOTICES
1. Purpose
The Exchange proposes to amend the
Market Data Sources identified in LTSE
Rule 11.410(a), which sets forth on a
market-by-market basis the data feeds
that the Exchange utilizes as its source
for quotes, trades and administrative
messages. Currently, LTSE utilizes the
securities information processor (‘‘SIP’’)
consolidated quotation (i.e., CQS/
UQDF), trade and administrative (i.e.,
CTS/UTDF) data feeds for data on all
national securities exchanges. The
Exchange proposes to amend the table
in Rule 11.410(a) to add a new
exchange, MEMX, and specify that the
Exchange also will utilize the
consolidated quotation (i.e., CQS/
UQDF), trade and administrative (i.e.,
CTS/UTDF) data feeds for MEMX.
Additionally, the Exchange proposes
to update the names of exchanges that
have been renamed, as well as
alphabetize the list of exchanges in the
table.
The Exchange proposes that this rule
change become operative on or before
the day that MEMX launches operations
as an equities exchange, which is
currently expected on September 4,
2020.4
3 Unless otherwise defined, capitalized terms are
used herein as defined in the LTSE Rulebook.
4 See https://memx.com/memx-timeline-updatelaunch-set-for-september-4th/.
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19:30 Aug 28, 2020
Jkt 250001
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,5
in general, and furthers the objectives of
Section 6(b)(5) of the Act,6 in particular,
in that it is designed to prevent
fraudulent and manipulative acts and
practices, promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in facilitating transactions in securities,
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.
The Exchange believes that the
proposed rule change is consistent with
the Act because including MEMX in the
list of market data sources the Exchange
will use to determine each away trading
center’s Top of Book quotes will
facilitate transparency in the Exchange’s
operations and support the Exchange’s
compliance with the applicable
requirements of Regulation NMS.
The Exchange believes its proposal to
amend the table in Rule 11.410(a) to
update the data feed source for MEMX
will ensure that Rule 11.410 correctly
identifies and publicly states on a
market-by-market basis all of the
specific data feeds that the Exchange
utilizes for the handling and execution
of orders, and for regulatory
compliance. The proposed rule change
also removes impediments to and
perfects the mechanism of a free and
open market and protects investors and
the public interest by providing
additional specificity, clarity, and
transparency in the Exchange’s rules.
Further, the Exchange believes it is
consistent with the Act to update the
referenced rule to list all the away
trading centers in alphabetical order, to
enhance clarity to market participants.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will result in
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed change is not designed to
address any competitive issue, but
rather would provide the public and
market participants with up-to-date
information about the data feeds the
Exchange will use for the handling and
execution of orders, as well as for
regulatory compliance.
5 15
6 15
PO 00000
U.S.C. 78f.
U.S.C. 78f(b)(5).
Frm 00097
Fmt 4703
Sfmt 4703
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor 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 7 and Rule 19b–
4(f)(6) thereunder.8
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 9 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 10
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
public interest. The Exchange has asked
the Commission to waive the 30-day
operative delay so that the proposed
rule change may become operative
immediately. According to the
Exchange, the proposed rule change
does not significantly affect the
protection of investors or the public
interest or impose a significant burden
on competition because it merely
provides specificity regarding the
Exchange’s use of data feeds by
identifying which data feed would be
used for MEMX and enables market
participants to understand how the
Exchange views trade and quote
information from other national
securities exchanges and does not
impose any burden on Members or
market participants. The Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
interest, as doing so will ensure that the
rule change becomes operative on or
before the day that MEMX launches
operations as an equities exchange,
which is currently expected on
7 15
U.S.C. 78s(b)(3)(A).
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.
9 17 CFR 240.19b–4(f)(6).
10 17 CFR 240.19b–4(f)(6)(iii).
8 17
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Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Notices
September 4, 2020, which, in turn, will
ensure that the Exchange rules clearly
and accurately reflect the market data
sources it utilizes in generating quotes,
trades and administrative messages.
Accordingly, the Commission hereby
waives the operative delay and
designates the proposed rule change
operative upon filing.11
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.
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–LTSE–2020–13 and should
be submitted on or before September 21,
2020.
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Jill M. Peterson,
Assistant Secretary.
khammond on DSKJM1Z7X2PROD with NOTICES
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–
LTSE–2020–13 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–LTSE–2020–13. 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
11 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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19:30 Aug 28, 2020
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[FR Doc. 2020–19054 Filed 8–28–20; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–89664; File No. SR–BOX–
2020–35]
Self-Regulatory Organizations; BOX
Exchange LLC; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend BOX Rule 7160
(Transfer of Positions)
August 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 August
18, 2020, BOX Exchange LLC (the
‘‘Exchange’’) 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 ‘‘non-controversial’’
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.
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
1 15
PO 00000
Frm 00098
Fmt 4703
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53883
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
BOX Rule 7160 (Transfer of Positions).
The text of the proposed rule change is
available from the principal office of the
Exchange, at the Commission’s Public
Reference Room and also on the
Exchange’s internet website at https://
boxoptions.com.
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 these statements may be examined at
the places specified in Item IV below.
The self-regulatory organization 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 filed a
proposed change to establish new Rule
7160 to provide a process by which
Participants may transfer option
positions in limited circumstances off
the BOX Trading Floor.5 Currently, Rule
7160 permits market participants to
move positions from one account to
another without first exposure of the
transaction on the Exchange, provided
certain exceptions are met. Specifically,
the exception in Rule 7160(a)(2)
provides that off the Exchange transfers
of positions are permissible if from one
account to another account where no
change in ownership is involved (i.e.,
accounts of the same Person),6 provided
the accounts are not in separate
aggregation units or otherwise subject to
information barrier or account
segregation requirements. These
transfers are subject to, among other
things, the requirement to submit prior
written notice of the transfers to the
5 See Securities Exchange Act Release No. 88810
(May 5, 2020), 85 FR 27782 (May 11, 2020)(SR–
BOX–2020–09). The Exchange notes that the
proposed change was similar to Cboe Rule 6.7.
6 ‘‘Person’’ is defined as ‘‘an individual,
partnership (general or limited), joint stock
company, corporation, limited liability company,
trust or unincorporated organization, or any
governmental entity or agency or political
subdivision thereof.’’ This definition is identical to
Cboe Rule 1.1.
E:\FR\FM\31AUN1.SGM
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Agencies
[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Notices]
[Pages 53881-53883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19054]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-89668; File No. SR-LTSE-2020-13]
Self-Regulatory Organizations; Long-Term Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend Rule 11.410(a)
August 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 August 18, 2020, Long-Term Stock Exchange, Inc. (``LTSE'' or
the ``Exchange'') 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 self-regulatory
organization. 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
LTSE proposes a rule change to amend Rule 11.410(a) to (i) update
the Exchange's source of data feeds for purposes of order handling and
execution, and regulatory compliance, to include data regarding MEMX
LLC (``MEMX''); and (ii) make ministerial changes to the existing list
of exchanges
[[Page 53882]]
to address name changes and to re-alphabetize the list.
The text of the proposed rule change is available at the Exchange's
website at https://longtermstockexchange.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement on 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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 on the Purpose of, and the
Statutory Basis for, the Proposed Rule Change \3\
---------------------------------------------------------------------------
\3\ Unless otherwise defined, capitalized terms are used herein
as defined in the LTSE Rulebook.
---------------------------------------------------------------------------
1. Purpose
The Exchange proposes to amend the Market Data Sources identified
in LTSE Rule 11.410(a), which sets forth on a market-by-market basis
the data feeds that the Exchange utilizes as its source for quotes,
trades and administrative messages. Currently, LTSE utilizes the
securities information processor (``SIP'') consolidated quotation
(i.e., CQS/UQDF), trade and administrative (i.e., CTS/UTDF) data feeds
for data on all national securities exchanges. The Exchange proposes to
amend the table in Rule 11.410(a) to add a new exchange, MEMX, and
specify that the Exchange also will utilize the consolidated quotation
(i.e., CQS/UQDF), trade and administrative (i.e., CTS/UTDF) data feeds
for MEMX.
Additionally, the Exchange proposes to update the names of
exchanges that have been renamed, as well as alphabetize the list of
exchanges in the table.
The Exchange proposes that this rule change become operative on or
before the day that MEMX launches operations as an equities exchange,
which is currently expected on September 4, 2020.\4\
---------------------------------------------------------------------------
\4\ See https://memx.com/memx-timeline-update-launch-set-for-september-4th/.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\5\ in general, and
furthers the objectives of Section 6(b)(5) of the Act,\6\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, promote just and equitable principles
of trade, to foster cooperation and coordination with persons engaged
in facilitating transactions in securities, 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.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f.
\6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule change is consistent
with the Act because including MEMX in the list of market data sources
the Exchange will use to determine each away trading center's Top of
Book quotes will facilitate transparency in the Exchange's operations
and support the Exchange's compliance with the applicable requirements
of Regulation NMS.
The Exchange believes its proposal to amend the table in Rule
11.410(a) to update the data feed source for MEMX will ensure that Rule
11.410 correctly identifies and publicly states on a market-by-market
basis all of the specific data feeds that the Exchange utilizes for the
handling and execution of orders, and for regulatory compliance. The
proposed rule change also removes impediments to and perfects the
mechanism of a free and open market and protects investors and the
public interest by providing additional specificity, clarity, and
transparency in the Exchange's rules.
Further, the Exchange believes it is consistent with the Act to
update the referenced rule to list all the away trading centers in
alphabetical order, to enhance clarity to market participants.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
change is not designed to address any competitive issue, but rather
would provide the public and market participants with up-to-date
information about the data feeds the Exchange will use for the handling
and execution of orders, as well as for regulatory compliance.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor 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 \7\ and Rule 19b-
4(f)(6) thereunder.\8\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 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 \9\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposed rule change may become operative immediately. According to
the Exchange, the proposed rule change does not significantly affect
the protection of investors or the public interest or impose a
significant burden on competition because it merely provides
specificity regarding the Exchange's use of data feeds by identifying
which data feed would be used for MEMX and enables market participants
to understand how the Exchange views trade and quote information from
other national securities exchanges and does not impose any burden on
Members or market participants. The Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest, as doing so will ensure that the
rule change becomes operative on or before the day that MEMX launches
operations as an equities exchange, which is currently expected on
[[Page 53883]]
September 4, 2020, which, in turn, will ensure that the Exchange rules
clearly and accurately reflect the market data sources it utilizes in
generating quotes, trades and administrative messages. Accordingly, the
Commission hereby waives the operative delay and designates the
proposed rule change operative upon filing.\11\
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\9\ 17 CFR 240.19b-4(f)(6).
\10\ 17 CFR 240.19b-4(f)(6)(iii).
\11\ 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-LTSE-2020-13 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-LTSE-2020-13. 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-LTSE-2020-13 and should
be submitted on or before September 21, 2020.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2020-19054 Filed 8-28-20; 8:45 am]
BILLING CODE 8011-01-P