Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Notices 41115 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3Recently, the Exchange added a shell structure 

to its Rulebook with the purpose of improving 

efficiency and readability and to align its rules 

closer to those of its five sister exchanges, Nasdaq 

BX, Inc.; Nasdaq PHLX LLC; Nasdaq ISE, LLC; 

Nasdaq GEMX, LLC; and Nasdaq MRX, LLC 

(‘‘Affiliated Exchanges’’). The shell structure 

currently contains eight (8) Chapters which, once 

complete, will apply a common set of rules to the 

Affiliated Exchanges. See Securities Exchange Act 

Release No. 82175 (November 29, 2017), 82 FR 

57494 (December 5, 2017) (SR–NASDAQ–2017– 

125). 4http://www.finra.org/arbitration-and-mediation. 

CFR 3015.5; Public Representative: 

Christopher C. Mohr; Comments Due: 

August 21, 2018. 

2. Docket No(s).: CP2017–241; Filing 

Title: Notice of the United States Postal 

Service of Filing Modification Two to a 

Global Plus 1D Negotiated Service 

Agreement; Filing Acceptance Date: 

August 13, 2018; Filing Authority: 39 

CFR 3015.5; Public Representative: 

Kenneth R. Moeller; Comments Due: 

August 21, 2018. 

3. Docket No(s).: CP2017–243; Filing 

Title: Notice of the United States Postal 

Service of Filing Modification Two to a 

Global Plus 1D Negotiated Service 

Agreement; Filing Acceptance Date: 

August 13, 2018; Filing Authority: 39 

CFR 3015.5; Public Representative: 

Kenneth R. Moeller; Comments Due: 

August 21, 2018. 

4. Docket No(s).: CP2017–244; Filing 

Title: Notice of the United States Postal 

Service of Filing Modification Two to a 

Global Plus 1D Negotiated Service 

Agreement; Filing Acceptance Date: 

August 13, 2018; Filing Authority: 39 

CFR 3015.5; Public Representative: 

Kenneth R. Moeller; Comments Due: 

August 21, 2018. 

5. Docket No(s).: CP2017–247; Filing 

Title: Notice of the United States Postal 

Service of Filing Modification Two to a 

Global Plus 1D Negotiated Service 

Agreement; Filing Acceptance Date: 

August 13, 2018; Filing Authority: 39 

CFR 3015.5; Public Representative: 

Lyudmila Y. Bzhilyanskaya; Comments 

Due: August 21, 2018. 

6. Docket No(s).: CP2017–251; Filing 

Title: Notice of the United States Postal 

Service of Filing Modification Two to a 

Global Plus 1D Negotiated Service 

Agreement; Filing Acceptance Date: 

August 13, 2018; Filing Authority: 39 

CFR 3015.5; Public Representative: 

Christopher C. Mohr; Comments Due: 

August 22, 2018. 

7. Docket No(s).: CP2017–257; Filing 

Title: Notice of the United States Postal 

Service of Filing Modification Two to a 

Global Plus 1D Negotiated Service 

Agreement; Filing Acceptance Date: 

August 13, 2018; Filing Authority: 39 

CFR 3015.5; Public Representative: 

Lyudmila Y. Bzhilyanskaya; Comments 

Due: August 22, 2018. 

This Notice will be published in the 

Federal Register. 

Stacy L. Ruble, 

Secretary. 

[FR Doc. 2018–17791 Filed 8–16–18; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–83834; File No. SR– 

NASDAQ–2018–067] 

Self-Regulatory Organizations; The 

Nasdaq Stock Market LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Delete and 

Replace the Current Rules on 

Arbitration 

August 13, 2018. 

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 August 9, 

2018, 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, II, 

and III, below, which Items have been 

prepared by the Exchange. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to delete the 

current rules on arbitration (‘‘Current 

Arbitration Rules’’), currently under the 

10000 Series (Rules 10001 through 

10102), and adopt the Nasdaq ISE, LLC 

(‘‘ISE’’) rules on arbitration in Chapter 

18 of the ISE’s rulebook (‘‘Proposed 

Arbitration Rules’’) into General 6 in the 

Exchange’s rulebook’s (‘‘Rulebook’’) 

shell structure.3

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. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to delete the 

rules on arbitration, currently under the 

10000 Series (Rules 10001 through 

10102), and adopt the ISE rules on 

arbitration in Chapter 18 of the ISE’s 

rulebook into General 6 in the 

Exchange’s Rulebook. 

The Exchange adopted the Current 

Arbitration Rules to ensure a fair and 

efficient manner in which to handle any 

dispute, claim or controversy arising out 

of, or in connection with, the business 

of any Member of the Exchange. To help 

administer the process of dispute 

resolution, the Exchange and FINRA are 

parties to a Regulatory Contract, 

pursuant to which FINRA has agreed to 

perform certain functions and provide 

access to certain services, including: 

member regulation and registration; 

non-real time market surveillance; 

examinations and investigations; and 

dispute resolution. FINRA currently 

operates the largest securities dispute 

resolution forum in the United States,4

and has given the Exchange access to 

these services. Under the Current 

Arbitration Rules, Members and 

associated persons of a Member are 

subject to the FINRA Code of 

Arbitration Procedure. 

Because the Affiliated Exchanges are 

also parties to similar Regulatory 

Contracts with FINRA that make their 

members and associated persons of such 

members subject to the FINRA Code of 

Arbitration Procedure, the Exchange 

believes it is pertinent that a common 

set of rules on arbitration be included in 

the General section of the Rulebook’s 

shell. These rules will, pursuant to 

subsequent filings, then replace the 

existing arbitration rules for each of the 

Affiliated Exchanges. 

As part of the process of harmonizing 

these rules, staff evaluated the 

corresponding rules on arbitration at 

each of the Affiliated Exchanges. Staff 

have determined that the Proposed 

Arbitration Rules are the easiest to read 

and the most accessible, and do not 


amozie on DSK3GDR082PROD with NOTICES1
41116 Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Notices 

5See footnote 3. 

6Exchange Rule 0120(i). 

7 15 U.S.C. 78f(b). 

8 15 U.S.C. 78f(b)(5). 

9 15 U.S.C. 78s(b)(3)(A)(iii). 

10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) requires a self-regulatory organization to give 

the Commission written notice of its intent to file 

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 requested a waiver 

of this requirement. 11 17 CFR 200.30–3(a)(12). 

detract from, or omit, any of the 

substance of the Current Arbitration 

Rules. 

Therefore, the Exchange will adopt 

the Proposed Arbitration Rules and 

place them under the ‘‘General 6 

Arbitration’’ of the shell’s ‘‘General 

Equity and Options Rules’’ section. As 

mentioned, these rules are already in 

place on ISE, and also apply to Nasdaq 

GEMX, LLC and Nasdaq MRX, LLC, 

which incorporate Chapter 18 of the ISE 

Rules by reference. Subsequently, the 

other Affiliated Exchanges plan to adopt 

these rules also. 

The relocation and harmonization of 

the arbitration rules is part of the 

Exchange’s continued effort to promote 

efficiency and conformity of its 

processes with those of its Affiliated 

Exchanges.5 The Exchange believes that 

the adoption and placement of the 

Proposed Arbitration Rules to their new 

location in the shell will facilitate the 

use of the Rulebook by Members 6 of the 

Exchange who are members of other 

Affiliated Exchanges. Moreover, the 

proposed changes are of a conforming 

nature and will not amend the 

substance of the adopted rules other 

than to update the language to that of 

the Proposed Arbitration Rules, and to 

make conforming cross-reference 

changes. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act,7 in general, and furthers the 

objectives of Section 6(b)(5) of the Act,8

in particular, in that it is designed to 

promote just and equitable principles of 

trade, to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system, and, in general to protect 

investors and the public interest, by 

promoting efficiency and conformity of 

the Exchange’s processes with those of 

the Affiliated Exchanges and to make 

the Exchange’s Rulebook easier to read 

and more accessible to its Members. The 

Exchange believes that the adoption and 

harmonization of the arbitration rules 

and cross-reference updates are of a 

non-substantive nature. 

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 changes do not impose a 

burden on competition because, as 

previously stated, they are (i) of a nonsubstantive nature, (ii) intended to 

harmonize the Exchange’s rules with 

those of its Affiliated Exchanges, and 

(iii) intended to organize the Rulebook 

in a way that it will ease the Members’ 

navigation and reading of the rules 

across the Affiliated Exchanges. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change does not: (i) Significantly affect 

the protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A)(iii) of the Act 9 and 

subparagraph (f)(6) of Rule 19b–4 

thereunder.10

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: (i) necessary or appropriate in 

the public interest; (ii) for the protection 

of investors; or (iii) otherwise in 

furtherance of the purposes of the Act. 

If the Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

should be approved or disapproved. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

NASDAQ–2018–067 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–2018–067. 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 wedbsite (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–2018–067 and 

should be submitted on or before 

September 7, 2018. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Robert W. Errett, 

Deputy Secretary. 

[FR Doc. 2018–17737 Filed 8–16–18; 8:45 am] 

BILLING CODE 8011–01–P 


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