[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Notices]
[Pages 5528-5532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02892]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-85132; File No. SR-NASDAQ-2019-003]
Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend the Exchange's Provisions for Excluding a Day From Its Volume
Calculations for Purposes of Determining Tiered Pricing
February 14, 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 January 31, 2019, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II, below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the Exchange's provisions for
excluding a day from its volume calculations for purposes of
determining tiered pricing.
The text of the proposed rule change is available on the Exchange's
website at http://nasdaq.cchwallstreet.com/, at the principal office of
the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
[[Page 5529]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to amend the Exchange's
provisions for excluding a day from its volume calculations for
purposes of determining tiered pricing. The Exchange is standardizing
its practice for removing a day from its options volume calculations
with its affiliated options market, Nasdaq PHLX (``Phlx'').\3\
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\3\ See Phlx pricing schedule, Options 7, Section 1(b). The
Exchange's other affiliated options markets, Nasdaq ISE, Nasdaq
GEMX, Nasdaq MRX, and Nasdaq BX will also file similar rule change
proposals to conform to Phlx's rule.
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To avoid penalizing members when aberrant low volume days result
from systems or other issues at the Exchange, or where the Exchange
closes early for holiday observance, NOM currently has language in its
pricing schedule allowing it to exclude certain days from its average
daily volume (``ADV'') or other volume calculations.\4\ Currently,
language in Options 7, Section 2(5) provides that, for purposes of
determining Monthly Volume Tiers under this section, any day that the
market is not open for the entire trading day will be excluded from
such calculation. The Exchange now proposes to amend this provision by
first, renumbering this rule as paragraph (a) to Section 2(5) and
second, replacing the term ``Monthly Volume Tiers'' with ``equity tier
calculations'' to clarify the application of its rule.\5\ The Exchange
also proposes to adopt language similar to that on Phlx, which will
apply to the options tier calculations in the NOM pricing schedule.\6\
Specifically, the Exchange proposes to adopt a new paragraph (b) to
Section 2(5), entitled ``Removal of Days for Purposes of Options
Pricing Tiers,'' which will provide:
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\4\ Other volume calculations include certain cross-asset volume
tiers that link rebates on NOM to activity on the Nasdaq Stock
Market such as the Tier 6 Customer and Professional Rebate to Add
Liquidity in Penny Pilot Options. See Options 7, Section 2(1).
\5\ Because the Exchange is conforming its practice for options
markets only, the current language will remain in place for the
equity tier calculations in the NOM pricing schedule such as the
Tier 6 Customer and Professional Rebate to Add Liquidity in Penny
Pilot Options described in note 4 above, with the clarifying
modifications discussed above.
\6\ See note 3 above.
(i)(A) Any day that the Exchange announces in advance that it
will not be open for trading will be excluded from the options tier
calculations set forth in its Pricing Schedule; and (B) any day with
a scheduled early market close (``Scheduled Early Close'') may be
excluded from the options tier calculations only pursuant to
paragraph (iii) below.
(ii) The Exchange may exclude the following days
(``Unanticipated Events'') from the options tier calculations only
pursuant to paragraph (iii) below, specifically any day that:
(A) The market is not open for the entire trading day, (B) the
Exchange instructs Participants in writing to route their orders to
other markets, (C) the Exchange is inaccessible to Participants
during the 30-minute period before the opening of trade due to an
Exchange system disruption, or (D) the Exchange's system experiences
a disruption that lasts for more than 60 minutes during regular
trading hours.
(iii) If a day is to be excluded as a result of paragraph (i)(B)
or (ii) above, the Exchange will exclude the day from any
Participant's monthly options tier calculations as follows:
(A) The Exchange may exclude from the ADV calculation any
Scheduled Early Close or Unanticipated Event; and
(B) the Exchange may exclude from any other applicable options
tier calculation provided for in its Pricing Schedule (together with
(iii)(A), ``Tier Calculations'') any Scheduled Early Close or
Unanticipated Event.
provided, in each case, that the Exchange will only remove the day for
Participants that would have a lower Tier Calculation with the day
included.
While similar to the language currently in place on the Exchange,
the proposed language: (1) Provides greater flexibility to remove a day
in more circumstances, (2) categorizes the potential excluded days into
days that are known in advance (i.e., days in proposed paragraph (i),
including Scheduled Early Closes), and those that are not (i.e.,
Unanticipated Events in proposed paragraph (ii)), and (3) modifies the
provision so that Participants will only have the day removed when
doing so is beneficial for the Participant (i.e., only if the
Participant would have a lower volume tier calculation with the day
included, hereinafter, the ``better of rule''). As it relates to
Unanticipated Events, the Exchange will inform all Participants if any
such day will be excluded from its Tier Calculations via a system
status message disseminated to all Participants. The Exchange notes
that it is not proposing to amend the thresholds a Participant must
achieve to become eligible for, or the dollar amount associated with,
the tiered rebates or fees.
Potential Excluded Days
The Exchange first proposes to adopt language identical to Phlx
providing that it will always exclude days where the Exchange announces
in advance that it will not be open for trading (e.g., Thanksgiving)
from all options tier calculations set forth in its Pricing
Schedule.\7\ This is also the case today since no trading activity
occurs on those days, and the Exchange is only clarifying its current
practice within the proposed rule.
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\7\ See id. at paragraph (1)(A).
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In addition, Phlx adopted the language on instructing members to
route away to prevent situations where days that have artificially
lower volume could not be excluded, for example, because the exchange
experienced an issue in the morning that did not carry over into the
trading day.\8\ Like Phlx, the Exchange believes that it should have
the flexibility to exclude days if members have been instructed to send
their orders elsewhere, regardless of whether the issue that resulted
in this instruction ultimately impacts the availability of the Exchange
for trading.
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\8\ See id. at paragraph (2)(B).
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In addition, the Exchange proposes to adopt identical language as
on Phlx to exclude days where the Exchange is inaccessible to
Participants during the 30-minute period before the opening of trade
(i.e., between 9:00 a.m. to 9:30 a.m. Eastern Time) due to an Exchange
system disruption.\9\ While the language proposed above on instructing
Participants to route away may also cover Exchange system disruptions
that occur before the market opens, the Exchange notes that it may not
always instruct Participants to route away in such instances. For
example, the Exchange may be inaccessible to Participants in the
morning due to a systems disruption but the Exchange resolves the issue
shortly before 9:30 a.m. and as a result, the Exchange does not
instruct Participants to route away. In this instance, the Exchange
would not be permitted to exclude the day from its volume calculations.
The Exchange generally experiences a high volume of member
participation within the 30-minute window leading up to the opening of
trade from Participants who submit eligible interest to be included in
the Exchange's opening process. As a result, days where Participants
are precluded from submitting eligible interest during this 30-minute
time period due to an Exchange systems disruption, even if the issue is
ultimately resolved by the Exchange before the market opens (and
Participants therefore are not instructed to route away), are likely to
have lower trading volume. Including such days in calculations of ADV
will therefore make it more difficult for Participants to achieve
particular pricing tiers for that
[[Page 5530]]
month. Accordingly, excluding such days from the monthly tier
calculations will diminish the likelihood of a cost increase occurring
because a Participant is not able to reach a pricing tier on that date
that it would reach on other trading days during the month.
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\9\ See id. at paragraph (2)(C).
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The Exchange further proposes to adopt language identical to Phlx
to exclude days where there is an Exchange system disruption that lasts
for more than 60 minutes during regular trading hours (i.e., 9:30 a.m.
to 4:00 p.m. Eastern Time), even if such disruption would not be
categorized as a complete outage of the Exchange's system.\10\ Such a
disruption may occur where a certain options series traded on the
Exchange is unavailable for trading due to an Exchange systems issue,
or where the Exchange may be able to perform certain functions with
respect to accepting and processing orders, but may have a failure to
another significant process, such as routing to other market centers,
that would lead Participants who rely on such processes to avoid using
the Exchange until the Exchange's entire system was operational. The
Exchange believes that certain system disruptions that are not complete
system outages could preclude some members from submitting orders to
the Exchange. The Exchange also notes that this proposal is consistent
with the rules of other options exchanges.\11\
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\10\ See id. at paragraph 2(D).
\11\ See BATS BZX Options Exchange Fee Schedule (defining an
``Exchange System Disruption'' as any day that the exchange's system
experiences a disruption that lasts for more than 60 minutes during
regular trading hours); and NYSE Arca Options Fee Schedule (defining
an ``Exchange System Disruption'' as a disruption affects an
Exchange system that lasts for more than 60 minutes during regular
trading hours).
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Because the potential excluded days proposed above generally have
artificially lower trading volume, the Exchange believes it is
reasonable and equitable to exclude such days in determining its
options fee and rebate tiers. The Exchange desires to avoid penalizing
Participants that might otherwise qualify for certain tiered pricing
but that, because of special circumstances on a particular day, did not
participate on the Exchange to the extent that they might have
otherwise participated. Absent the authority to exclude such days,
Participants may experience an effective increase in the cost of
trading on NOM, a result that is both unintended and undesirable to the
Exchange and to its Participants.
Categories of Excluded Days
In light of the foregoing proposal, the Exchange seeks to
categorize the potential excluded days proposed above between days that
are known in paragraph (i) and days that are not in paragraph (ii), and
define the latter as Unanticipated Events. For planned days, the
Exchange proposes to further distinguish between days that the Exchange
announces in advance that it will not be open for trading in paragraph
(i)(A) (e.g., Thanksgiving), and Scheduled Early Closes in paragraph
(ii)(B) (e.g., the trading day after Thanksgiving). The Exchange notes
that it currently considers Scheduled Early Closes as a subset of days
that the market is not open for the entire trading day. The Exchange
believes it would be more clear to distinguish Scheduled Early Closes
in paragraph (i) as a day that is planned for in advance, and
separately consider days that are not open for the entire trading day
as Unanticipated Events in paragraph (ii)(A). As proposed, (ii)(A)
would continue to cover unplanned days where the Exchange declares a
trading halt in all securities or honors a market-wide trading halt
declared by another market. The other scenarios that will be
categorized as Unanticipated Events in paragraph (ii) are days that the
Exchange instructs members in writing to route away and the two
systems-related disruptions, each as further described above. The
foregoing proposal is consistent with how Phlx categorizes potential
excluded days today.\12\
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\12\ See note 3 above at paragraphs (1) and (2).
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Better of Rule
Similar to Phlx, the proposed language also specifies how the
potential excluded days will be removed from the Exchange's volume
calculations. In particular, the language will allow the Exchange to
exclude any Scheduled Early Close or Unanticipated Event from its
calculations of ADV or any other applicable options volume tiers
provided for in its Pricing Schedule, provided that the Exchange will
only remove such days for Participants that would have a lower volume
calculation with the day included (i.e., the better of rule).\13\
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\13\ Phlx similarly excludes Scheduled Early Closes and
Unanticipated Events from its ADV calculations and other applicable
volume calculations in its pricing schedule, subject in each case to
the better of rule. See note 3 above at paragraph (3).
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Phlx adopted the better of rule to avoid penalizing members that
step up and trade on days with artificially low volume so that it only
excludes such days for members that would have a lower volume
calculation with the day included. This language would also be helpful
on the Exchange as it would ensure that Participants that continue to
execute a large volume of contracts are not inadvertently disadvantaged
when the Exchange removes a day from its volume calculations.
Furthermore, Phlx adopted the catch-all provision applying to other
options tier calculations set forth in its pricing schedule, but not
specified within paragraph (3) of its rule, so that it would have
flexibility to apply the better of rule going forward to all options
pricing programs administered by the Exchange that are based on volume
calculations.\14\ The Exchange believes that adopting a similar
principle-based approach for its options volume calculations would
ensure that days are removed from such calculations only if doing so
would be beneficial for the Participant. As such, the proposed language
will not apply to straight volume accumulations as Participants do not
benefit when a day is removed for such accumulations. Again, the
Exchange believes that the approach of Phlx would be beneficial as it
counts volume executed during an excluded day toward its members'
straight volume accumulations.
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\14\ See id. at paragraph (3)(C).
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In addition, the Exchange proposes to harmonize its language with
Phlx's language by adding further detail throughout the proposed rule
text to bring greater transparency as to how the Exchange will apply
the better of rule when removing days from its tier calculations.
First, the Exchange proposes to make clear that it will only remove
days pursuant to the better of rule by specifying in paragraphs (i)(B)
and (ii) that such days may be excluded from the tier calculations only
pursuant to paragraph (iii).\15\ Paragraph (iii) will then provide that
if a day is to be excluded as a result of paragraph (i)(B) or (ii), the
Exchange will be required to exclude the day from any Participant's
monthly options tier calculations as detailed within paragraph
(iii).\16\ With the proposed changes, the Exchange seeks to clarify
that it will exclude days from any Participant's tier calculations in a
uniform manner to ensure that days are removed only in situations where
the Participant benefits. The Exchange will look at each potential
excluded day in a month and determine for every Participant their ADV
or other applicable volume calculation based on their trading volume on
that day. If any Participant would have a lower volume calculation with
the particular day included, the Exchange will exclude that day for
that Participant. As such,
[[Page 5531]]
the proposed changes specify that the Exchange will apply the better of
rule in a uniform manner for all Participants, and that there is no
arbitrary selection of ``winners'' or ``losers'' when the Exchange
excludes days.
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\15\ See id. at paragraphs (1)(B) and (2) for similar language
on Phlx.
\16\ See id. at paragraph (3) for similar language on Phlx.
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Equity 7, Section 118
In light of the foregoing proposal to amend the provisions for
removing days in Options 7, Section 2, the Exchange proposes to make
related changes to its current provisions for removing days in Equity
7, Section 118. Currently, the Exchange has a number of cross-asset
volume tiers in its equity pricing schedule, which link reduced
transaction fees on the Nasdaq Stock Market to activity on NOM,\17\
similar to the rebate tiers on NOM that link to activity on the Nasdaq
Stock Market as discussed above.\18\ Furthermore, the Exchange has
language in Equity 7, Section 118(j) allowing it to exclude certain
days from the volume calculations in its equity pricing schedule.\19\
The Exchange now seeks to amend Section 118(j) to make clear that this
language will continue to apply to the equity tier calculations within
Section 118, and the language proposed in Options 7, Section 2(5)(b)
will apply to the options tier calculations in Section 118.\20\
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\17\ For example, Nasdaq charges a reduced transaction fee of
$0.0029 per share if the member adds Customer, Professional, Firm,
Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny Pilot
Options and/or Non- Penny Pilot Options of 1.15% or more of total
industry ADV in the customer clearing range for Equity and ETF
option contracts per day in a month on NOM. See Equity 7, Section
118(a)(1).
\18\ See note 4 above. Also, for example, footnote ``e'' of the
NOM pricing schedule provides that NOM Participants that transact in
all securities through one or more of its Nasdaq Market Center MPIDs
that represent 3.00% or more of Consolidated Volume in the same
month on The Nasdaq Stock Market will receive a $0.52 per contract
rebate to add liquidity in Penny Pilot Options as Customer or
Professional and $1.00 per contract rebate to add liquidity in Non-
Penny Pilot Options as Customer or Professional. See Options 7,
Section 2(1).
\19\ In particular, Section 118(j) presently provides that, for
purposes of determining average daily volume and total consolidated
volume under this section, any day that the market is not open for
the entire trading day will be excluded from such calculation. In
addition, for purposes of calculating Consolidated Volume and the
extent of a member's trading activity, expressed as a percentage of
or ratio to Consolidated Volume, the date of the annual
reconstitution of the Russell Investments Indexes shall be excluded
from both total Consolidated Volume and the member's trading
activity.
\20\ See note 17 above.
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2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\21\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\22\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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\21\ 15 U.S.C. 78f(b).
\22\ 15 U.S.C. 78f(b)(4) and (5).
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The Exchange believes that the proposed rule change is reasonable
and equitable as it provides a new framework for removing days from the
Exchange's options volume tier calculations that the Exchange believes
is beneficial to Participants and consistent with similar provisions
already in place on Phlx. The proposed rule change would allow the
Exchange to remove a day from its options volume calculations in more
circumstances, and ensures that the Exchange will only do so in
circumstances where beneficial for the Participant. The Exchange
believes that it is reasonable and equitable to exclude a day from its
volume calculations when Participants are instructed to route their
orders to other markets as this preserves the Exchange's intent behind
adopting volume-based pricing, and avoids penalizing Participants that
follow this instruction.
The Exchange similarly believes it is reasonable and equitable to
exclude a day from its volume calculations when the Exchange's system
experiences a disruption during the 30-minute period prior to the
opening of trade which renders the Exchange inaccessible to
Participants. Without this change, Participants that are precluded from
submitting eligible interest during the 30-minute window before the
opening of trade may be negatively impacted, even if the Exchange
resolves the issue before the market opens and as a result, does not
instruct Participants to route away. The proposed change to exclude
such days will diminish the likelihood of a cost increase occurring
because a member is not able to reach a volume tier calculation on that
date that it would reach on other trading days during the month.
Similarly, excluding a day where the Exchange's system experiences
a disruption that lasts for more than 60 minutes intra-day is
reasonable and equitable because the proposal seeks to avoid penalizing
Participants that might otherwise qualify for certain tiered pricing
but that, because of an Exchange systems disruption, did not
participate on the Exchange to the extent they might have otherwise
participated. The Exchange believes that certain systems disruptions
could preclude some Participants from submitting orders to the Exchange
even if such issue is not actually a complete systems outage.
In addition, the Exchange believes that it is reasonable and
equitable to only exclude a day from its volume calculations for
Participants that would otherwise have a lower volume calculation with
the day included. Without these changes, Participants that route away
in accordance with the Exchange's instructions, or that step up and
trade significant volume on excluded trading days, may be negatively
impacted, resulting in an effective cost increase for those
Participants. In addition, having a catch-all in paragraph (iii)(B) so
that the better of rule applies to other options volume calculations
than ADV to allow the Exchange to apply the rule going forward to all
pricing programs based on volume calculations will further protect
Participants. The Exchange notes that aberrant low volume days
resulting from, for instance, an Unanticipated Event, impacts all
volume calculations, and allowing the Exchange to exclude such days
from any volume tier calculation if the Participant would have a lower
tier calculation with the day included will further protect
Participants from being inadvertently penalized.
Furthermore, the Exchange believes that categorizing the potential
excluded days is reasonable and equitable because it will bring greater
transparency to the application of its rule. Specifically, the Exchange
is distinguishing between planned and unplanned days in paragraphs (i)
and (ii), defining the latter as Unanticipated Events, and stipulating
how the Exchange will exclude such days pursuant to this rule.
Categorizing days in this manner will clarify the application of its
rule in light of the Exchange's proposal to expand the rule to adopt
additional days that may be excluded from its volume calculations.
Providing in paragraph (i)(A) that the Exchange will always exclude
from its tier calculations days that it announces in advance it will
not be open for trading will clarify current practice. Furthermore, the
Exchange believes that the proposed changes to specify how days in
paragraphs (i)(B) and (ii) may be excluded from its volume calculations
will bring greater transparency by delineating the various
circumstances in which the better of rule will apply. Providing in
paragraph (iii) that the Exchange may exclude any Scheduled Early Close
or Unanticipated Event from the Tier Calculations, subject to the
better of rule, will make clear that the Exchange will take a
consistent
[[Page 5532]]
approach when excluding days for purposes of its volume based pricing
tiers. Furthermore, the proposed changes specifying that the days in
paragraphs (i)(B) and (ii) may be excluded only pursuant to paragraph
(iii), and requiring the Exchange to exclude such days pursuant to the
specifications in paragraph (iii) will likewise make clear that the
Exchange will take a consistent approach with respect to excluding days
from its Tier Calculations. As discussed above, these modifications
will clarify that the Exchange will apply the better of rule in a
uniform manner to all Participants, and that there is no arbitrary
selection of ``winners'' or ``losers.''
The Exchange also believes that specifying in its equity and
options pricing schedules that the proposed rule for excluding days in
Options 7, Section 2(5)(b) applies only to options tier calculations,
and that the current rules for excluding days \23\ continue to apply to
the equity tier calculations is reasonable and equitable. As discussed
above, the Exchange has a number of cross-asset tiers within its equity
and options pricing schedule,\24\ and believes that the proposed
changes will clarify the application of the Exchange's provisions for
excluding days in light of the Exchange's initiative to standardize its
practice across the options markets.
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\23\ See Equity 7, Section 118(j) and Options 7, Section
2(5)(a).
\24\ See notes 4, 17, and 18 above.
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Finally, the Exchange believes that the proposed rule change is not
unfairly discriminatory because it will apply equally to all Exchange
members that transact on the Nasdaq Stock Market and on NOM. Nasdaq
Stock Market members that are not currently Participants on NOM are
eligible to become Participants by amending their membership
application to add NOM. Moreover, the Exchange notes that any NOM
Participant may trade equities on the Nasdaq Stock Market because they
are already approved members.
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 proposed rule change is
designed to protect Participants from the possibility of a cost
increase by excluding days when overall participation might be
significantly lower than a typical trading day. The Exchange believes
that the proposed modifications to its tier calculations are pro-
competitive and will result in lower total costs to end users, a
positive outcome of competitive markets. Furthermore, other options
exchanges have adopted rules that are substantially similar to the
Exchange's proposal.\25\
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\25\ See notes 3 and 11 above.
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The Exchange operates in a highly competitive market in which
market participants can readily direct their order flow to competing
venues. In such an environment, the Exchange must continually review,
and consider adjusting, its fees and rebates to remain competitive with
other exchanges. For the reasons described above, the Exchange believes
that the proposed fee changes reflect this competitive environment.
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
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \26\ and paragraph (f) of Rule 19b-4
thereunder.\27\ 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.
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\26\ 15 U.S.C. 78s(b)(3)(A)(ii).
\27\ 17 CFR 240.19b-4(f).
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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-NASDAQ-2019-003 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-NASDAQ-2019-003. 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-NASDAQ-2019-003, and should be submitted
on or before March 14, 2019.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
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\28\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-02892 Filed 2-20-19; 8:45 am]
BILLING CODE 8011-01-P