Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 61641 

105The Commission has added this new 

requirement for the Revised New Consolidated Data 

Plan based on its reconsideration of the comments 

received regarding the CT Plan that was previously 

filed by the SROs. The Commission’s rationale for 

this new requirement is discussed above in Section 

II.B.4. 

106The Commission has added this new 

requirement for the Revised New Consolidated Data 

Plan based on its reconsideration of the comments 

received regarding the CT Plan that was previously 

filed by the SROs. The Commission’s rationale for 

this new requirement is discussed above in Section 

II.B.4. 

107 15 U.S.C. 78k–1(a)(3)(B). 

108 17 CFR 242.608(a). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 97903 

(July 13, 2023), 88 FR 46320. Comments on the 

proposed rule change, as modified by Amendment 

No. 1, are available at: https://www.sec.gov/ 

comments/sr-cboebzx-2023-040/ 

srcboebzx2023040.htm. 

4 15 U.S.C. 78s(b)(2). 

5 15 U.S.C. 78s(b)(2). 

6 17 CFR 200.30–3(a)(31). 

allow disclosure of specified recurring 

information to identified Covered 

Persons. 

Æ The Revised New Consolidated 

Data Plan shall provide that recipients 

of Confidential Information must 

segregate the information, retain it in 

confidence, and use it only in a manner 

consistent with the terms of the plan’s 

confidentiality provisions and policies. 

• The Revised New Consolidated 

Data Plan shall identify the 

circumstances in which members may 

meet in executive session and shall 

confine executive sessions to 

circumstances in which it is appropriate 

to exclude members of the Advisory 

Committee. 

• The Revised New Consolidated 

Data Plan shall provide that requests to 

enter into an executive session must be 

included on a written agenda, along 

with a clearly stated rationale for each 

matter to be discussed, and that each 

such request must be approved by a 

majority vote of the operating 

committee. 

• The Revised New Consolidated 

Data Plan shall require that all 

subcommittees prepare minutes of all 

meetings and make those minutes 

available to all members of the operating 

committee and the advisory committee, 

and, with respect to any legal 

subcommittee, the Revised New 

Consolidated Data Plan shall require 

that the minutes include (i) attendance 

at the meeting; (ii) the subject matter of 

each item discussed; (iii) sufficient nonprivileged information to identify the 

rationale for referring the matter to the 

legal subcommittee, and (iv) the 

privilege or privileges claimed with 

respect to that item.105

• The Revised New Consolidated 

Data Plan shall exclude from the 

functions that may be delegated to a 

subcommittee of the operating 

committee those administrative 

functions to be performed by the 

independent Administrator.106

• To the extent that those provisions 

are in furtherance of the purposes of the 

Revised New Consolidated Data Plan as 

expressed in this Amended Order and 

not inconsistent with any other 

regulatory requirements, the Revised 

New Consolidated Data Plan shall adopt 

and include all other provisions of the 

Equity Data Plans necessary for the 

operation and oversight of the SIPs 

under the Revised New Consolidated 

Data Plan, and the Revised New 

Consolidated Data Plan should, to the 

extent possible, attempt to harmonize 

and combine existing provisions in the 

Equity Data Plans that relate to the 

Equity Data Plans’ separate processors. 

* * * * * 

IT IS HEREBY ORDERED, pursuant to 

section 11A(a)(3)(B) of the Act,107 that 

the Participants act jointly in 

developing and filing with the 

Commission, as an NMS plan pursuant 

to Rule 608(a) of Regulation NMS,108 a 

Revised New Consolidated Data Plan, as 

described above. The Participants are 

ordered to file the Revised New 

Consolidated Data Plan with the 

Commission no later than October 23, 

2023. 

By the Commission. 

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–19311 Filed 9–6–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98265; File No. SR– 

CboeBZX–2023–040] 

Self-Regulatory Organizations; Cboe 

BZX Exchange, Inc.; Notice of 

Designation of a Longer Period for 

Commission Action on a Proposed 

Rule Change, as Modified by 

Amendment No. 1, To List and Trade 

Shares of the VanEck Bitcoin Trust 

Under BZX Rule 14.11(e)(4), 

Commodity-Based Trust Shares 

August 31, 2023. 

On June 30, 2023, Cboe BZX 

Exchange, Inc. (‘‘BZX’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

to section 19(b)(1) of the Securities 

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 thereunder,2 a proposed rule 

change to list and trade shares of the 

VanEck Bitcoin Trust under BZX Rule 

14.11(e)(4), Commodity-Based Trust 

Shares. On July 11, 2023, the Exchange 

filed Amendment No. 1, which 

amended and replaced the proposed 

rule change in its entirety. The proposed 

rule change, as modified by Amendment 

No. 1, was published for comment in 

the Federal Register on July 19, 2023.3

Section 19(b)(2) of the Act 4 provides 

that within 45 days of the publication of 

notice of the filing of a proposed rule 

change, or within such longer period up 

to 90 days as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or as to which the 

self-regulatory organization consents, 

the Commission shall either approve the 

proposed rule change, disapprove the 

proposed rule change, or institute 

proceedings to determine whether the 

proposed rule change should be 

disapproved. The 45th day after 

publication of the notice for this 

proposed rule change is September 2, 

2023. The Commission is extending this 

45-day time period. 

The Commission finds it appropriate 

to designate a longer period within 

which to take action on the proposed 

rule change so that it has sufficient time 

to consider the proposed rule change 

and the issues raised therein. 

Accordingly, the Commission, pursuant 

to section 19(b)(2) of the Act,5

designates October 17, 2023, as the date 

by which the Commission shall either 

approve or disapprove, or institute 

proceedings to determine whether to 

disapprove, the proposed rule change 

(File No. SR–CboeBZX–2023–040), as 

modified by Amendment No. 1. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–19239 Filed 9–6–23; 8:45 am] 

BILLING CODE 8011–01–P 


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