Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 64963 

21 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78k–1(a)(3). 

2 17 CFR 242.608. 

3On July 6, 2001, the Commission approved the 

OLPP, which was proposed by the American Stock 

Exchange LLC (‘‘Amex’’) (n/k/a NYSE American, 

LLC (‘‘NYSE American’’)), Chicago Board Options 

Exchange, Incorporated (‘‘Cboe’’), International 

Securities Exchange LLC (‘‘ISE’’) (n/k/a Nasdaq ISE, 

LLC (‘‘Nasdaq ISE’’)), Options Clearing Corporation 

(‘‘OCC’’), Philadelphia Stock Exchange, Inc. 

(‘‘Phlx’’) (n/k/a Nasdaq Phlx LLC (Nasdaq Phlx)), 

and Pacific Exchange, Inc. (‘‘PCX’’) (n/k/a NYSE 

Arca, Inc. (‘‘NYSE Arca’’)). See Securities Exchange 

Act Release No. 44521, 66 FR 36809 (July 13, 2001). 

See also Securities Exchange Act Release Nos. 

49199 (February 5, 2004), 69 FR 7030 (February 12, 

2004) (adding Boston Stock Exchange, Inc. as a 

Sponsor to the OLPP); 57546 (March 21, 2008), 73 

FR 16393 (March 27, 2008) (adding Nasdaq Stock 

Market, LLC (‘‘Nasdaq’’) as a Sponsor to the OLPP); 

61528 (February 17, 2010), 75 FR 8415 (February 

24, 2010) (adding BATS Exchange, Inc. (‘‘BATS’’) 

(n/k/a Cboe BZX Exchange, Inc. (‘‘Cboe BZX’’)) as 

a Sponsor to the OLPP); 63162 (October 22, 2010), 

75 FR 66401 (October 28, 2010) (adding C2 Options 

Exchange Incorporated (‘‘C2’’) (n/k/a Cboe C2 

Exchange, Inc. (‘‘Cboe C2’’)) as a sponsor to the 

OLPP); 66952 (May 9, 2012), 77 FR 28641 (May 15, 

2012) (adding BOX Options Exchange LLC (‘‘BOX’’) 

as a Sponsor to the OLPP); 67327 (June 29, 2012), 

77 FR 40125 (July 6, 2012) (adding Nasdaq OMX 

BX, Inc. (‘‘BX’’) (n/k/a Nasdaq BX, Inc. (‘‘Nasdaq 

BX’’)) as a Sponsor to the OLPP); 70765 (October 

28, 2013), 78 FR 65739 (November 1, 2013) (adding 

Topaz Exchange, LLC as a Sponsor to the OLPP 

(‘‘Topaz’’) (n/k/a Nasdaq GEMX, LLC (‘‘Nasdaq 

GEMX’’); 70764 (October 28, 2013), 78 FR 65733 

(November 1, 2013) (adding Miami International 

Securities Exchange, LLC (‘‘MIAX’’) as a Sponsor to 

the OLPP); 76822 (January 1, 2016), 81 FR 1251 

(January 11, 2016) (adding EDGX Exchange, Inc. 

(‘‘EDGX’’) (n/k/a Cboe EDGX Exchange, Inc. (‘‘Cboe 

EDGX’’)) as a Sponsor to the OLPP); 77323 (March 

8, 2016), 81 FR 13433 (March 14, 2016) (adding ISE 

Mercury, LLC (‘‘ISE Mercury’’) (n/k/a Nasdaq MRX, 

LLC (‘‘Nasdaq MRX’’)) as a Sponsor to the OLPP); 

79897 (January 30, 2017), 82 FR 9263 (February 3, 

2017) (adding MIAX PEARL, LLC (‘‘MIAX PEARL’’) 

as a Sponsor to the OLPP) and 85228 (March 1, 

2019), 84 FR 8355 (March 7, 2019) (adding MIAX 

Emerald, LLC (‘‘MIAX Emerald’’) as a Sponsor to 

the OLPP). 

4See Securities and Exchange Act Release No. 

88806 (May 4, 2020), 85 FR 27451 (May 8, 2020) 

(File No. 10–237). 

5See Securities and Exchange Act Release No. 

95445 (August 8, 2022), 87 FR 49894 (August 12, 

2022) (File No. SR–MEMX–2022–10). 

6See id. at 49907. 

7A ‘‘Plan Sponsor’’ is an Eligible Exchange whose 

participation in the OLPP has become effective 

pursuant to Section 7 of the OLPP. 

8See Letter from Anders Franzon, General 

Counsel, MEMX, to Vanessa Countryman, 

Secretary, Commission, dated August 29, 2023 

(‘‘Amendment’’). 

9The OLPP defines an ‘‘Eligible Exchange’’ as a 

national securities exchange registered with the 

Commission pursuant to Section 6(a) of the Act, 15 

U.S.C. 78f(a), that (1) has effective rules for the 

trading of options contracts issued and cleared by 

the OCC approved in accordance with the 

provisions of the Act and the rules and regulations 

thereunder and (2) is a party to the Plan for 

Reporting Consolidated Options Last Sale Reports 

and Quotation Information (the ‘‘OPRA Plan’’). 

MEMX has represented that it has met both the 

requirements for being considered an Eligible 

Exchange. See Amendment, supra note 8 (Section 

7(i) of the OLPP). 

10MEMX has represented that it has executed a 

copy of the current Plan, amended to include 

MEMX as a Plan Sponsor in Section 9 of the Plan, 

and has provided each current Plan Sponsor with 

a copy of the executed and amended Plan. See 

Amendment, supra note 8. 

11The list of Plan Sponsors is set forth in Section 

9 of the OLPP. 

12 17 CFR 242.608(b)(3)(iii). 

13 17 CFR 242.608(a)(1). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.21

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–20313 Filed 9–19–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98388; File No. 4–443] 

Joint Industry Plan; Notice of Filing 

and Immediate Effectiveness of 

Amendment to the Plan for the 

Purpose of Developing and 

Implementing Procedures Designed To 

Facilitate the Listing and Trading of 

Standardized Options To Add MEMX 

LLC as a Plan Sponsor 

September 14, 2023. 

Pursuant to Section 11A(a)(3) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 608 thereunder,2

notice is hereby given that on August 

29, 2023, MEMX LLC (‘‘MEMX’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) an amendment to the 

Plan for the Purpose of Developing and 

Implementing Procedures Designed to 

Facilitate the Listing and Trading of 

Standardized Options (‘‘OLPP’’ or 

‘‘Plan’’).3 The Commission approved the 

application of MEMX to register as a 

national securities exchange on May 4, 

2020.4 The Commission subsequently 

approved MEMX’s proposal to adopt 

rules to govern the trading of options on 

the Exchange for a new facility called 

MEMX Options.5 One of the conditions 

of the Commission’s approval of MEMX 

Options was the requirement for MEMX 

to join the OLLP.6 The amendment adds 

MEMX as a Plan Sponsor 7 of the OLPP.8

The Commission is publishing this 

notice to solicit comments on the 

amendment from interested persons. 

I. Description and Purpose of the 

Amendment 

The OLPP establishes procedures 

designed to facilitate the listing and 

trading of standardized options 

contracts on the options exchanges. The 

amendment to the OLPP adds MEMX as 

a Sponsor. The other OLPP Sponsors are 

BOX, Cboe, Cboe BZX, Cboe C2, Cboe 

EDGX, Nasdaq BX, MIAX, MIAX 

Emerald, MIAX PEARL, Nasdaq, Nasdaq 

GEMX, Nasdaq ISE, Nasdaq MRX, 

Nasdaq Phlx, NYSE American, NYSE 

Arca, and OCC. MEMX has submitted 

an executed copy of the OLPP to the 

Commission in accordance with the 

procedures set forth in the OLPP 

regarding new Plan Sponsors. Section 7 

of the OLPP provides for the entry of 

new Plan Sponsors to the OLPP. 

Specifically, Section 7 of the OLPP 

provides that an Eligible Exchange 9

may become a Plan Sponsor of the OLPP 

by: (i) executing a copy of the OLPP, as 

then in effect; (ii) providing each thencurrent Plan Sponsor with a copy of 

such executed OLPP; and (iii) effecting 

an amendment to the OLPP, as specified 

in Section 7(ii) of the OLPP.10

Section 7(ii) of the OLPP sets forth the 

process by which an Eligible Exchange 

may effect an amendment to the OLPP 

to become a Plan Sponsor. Specifically, 

an Eligible Exchange must: (a) execute 

a copy of the OLPP as then in effect with 

the only change being the addition of 

the new Plan Sponsor’s name in Section 

9 of the OLPP; 11 and (b) submit the 

executed OLPP to the Commission. The 

OLPP then provides that such an 

amendment will be effective when the 

amendment is approved by the 

Commission or otherwise becomes 

effective pursuant to Section 11A of the 

Act and Rule 608 thereunder. 

II. Effectiveness of the OLPP 

Amendment 

The foregoing OLPP amendment has 

become effective pursuant to Rule 

608(b)(3)(iii) 12 because it has been 

designated by the sponsors as involving 

solely technical or ministerial matters. 

At any time within sixty days of the 

filing of the amendment, the 

Commission may summarily abrogate 

the amendment and require that it be 

refiled pursuant to paragraph (a)(1) of 

Rule 608,13 if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or the maintenance of fair and orderly 

markets, to remove impediments to, and 

perfect the mechanisms of, a national 

market system or otherwise in 

furtherance of the purposes of the Act. 

III. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the amendment is 

consistent with the Act and the rules 

thereunder. Comments may be 

submitted by any of the following 

methods: 


lotter on DSK11XQN23PROD with NOTICES1
64964 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 

14 17 CFR 200.30–3(a)(85). 

1The FAA generally applies the WSG to the 

extent there is no conflict with U.S. law or 

regulation. The FAA recognizes the WSG has been 

replaced by the Worldwide Airports Slot Guidelines 

(WASG) edition 1, effective June 1, 2020, and 

subsequently WASG edition 2, effective July 1, 

2022. The WASG is published jointly by Airports 

Council International-World, IATA, and the 

Worldwide Airport Coordinators Group (WWACG). 

While the FAA is considering whether to 

implement certain changes to the Guidelines in the 

United States, it will continue to apply WSG 

edition 9. 

2Operating Limitations at John F. Kennedy 

International Airport, 73 FR 3510 (Jan. 18, 2008), as 

most recently extended 87 FR 65161 (Oct. 28, 2022). 

The slot coordination parameters for JFK are set 

forth in this Order. 

3These designations remain effective until the 

FAA announces a change in the Federal Register. 

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 4– 

443 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 4–443. 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 plan that 

are filed with the Commission, and all 

written communications relating to the 

plan 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 

a.m. and 3 p.m. Copies of the filing also 

will be available for inspection and 

copying at the principal office of the 

Exchange. Do not include personal 

identifiable information in submissions; 

you should submit only information 

that you wish to make available 

publicly. We may redact in part or 

withhold entirely from publication 

submitted material that is obscene or 

subject to copyright protection. All 

submissions should refer to file number 

4–443 and should be submitted on or 

before October 11, 2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–20307 Filed 9–19–23; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Submission Deadline for 

Schedule Information for Chicago 

O’Hare International Airport, John F. 

Kennedy International Airport, Los 

Angeles International Airport, Newark 

Liberty International Airport, and San 

Francisco International Airport for the 

Summer 2024 Scheduling Season 

AGENCY: Department of Transportation, 

Federal Aviation Administration (FAA). 

ACTION: Notice of submission deadline. 

SUMMARY: Under this notice, the FAA 

announces the submission deadline of 

October 5, 2023, for Summer 2024 flight 

schedules at Chicago O’Hare 

International Airport (ORD), John F. 

Kennedy International Airport (JFK), 

Los Angeles International Airport 

(LAX), Newark Liberty International 

Airport (EWR), and San Francisco 

International Airport (SFO). In addition, 

this notice announces a new voluntary, 

targeted hourly scheduling limit at EWR 

based on a review of recent operational 

performance metrics. 

DATES: Schedules should be submitted 

by October 5, 2023. 

ADDRESSES: Schedules may be 

submitted to the Slot Administration 

Office by email to: 7-AWA-slotadmin@

faa.gov. 

FOR FURTHER INFORMATION CONTACT: Al 

Meilus, Manager, Slot Administration 

and Capacity Analysis, AJR–G, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone (202) 267–2822; 

email Al.Meilus@faa.gov. 

SUPPLEMENTARY INFORMATION: This 

document provides routine notice to 

carriers serving capacity-constrained 

airports in the United States, including 

ORD, JFK, LAX, EWR, and SFO. In 

particular, this notice announces the 

deadline for carriers to submit 

schedules for the Summer 2024 

scheduling season. The FAA deadline 

coincides with the schedule submission 

deadline established in the Calendar of 

Coordination Activities as published by 

the International Air Transport 

Association (IATA). 

General Information for All Airports 

The FAA has designated JFK as an 

IATA Level 3 airport consistent with the 

Worldwide Slot Guidelines (WSG).1 The 

FAA currently limits scheduled 

operations at JFK by order that expires 

on October 26, 2024.2

The FAA has designated EWR, LAX, 

ORD, and SFO as IATA Level 2 

airports 3 subject to a schedule review 

process premised upon voluntary 

cooperation. The Summer 2024 

scheduling season is from March 31, 

2024, through October 26, 2024, in 

recognition of the IATA Summer 

season. 

The FAA is primarily concerned 

about scheduled and other regularly 

conducted commercial operations 

during designated hours, but carriers 

may submit schedule plans for the 

entire day. The designated hours for the 

Summer 2024 scheduling season are: at 

EWR and JFK from 0600 to 2300 Eastern 

Time (1000 to 0300 UTC), at LAX and 

SFO from 0600 to 2300 Pacific Time 

(1300 to 0600 UTC), and at ORD from 

0600 to 2100 Central Time (1100 to 0200 

UTC). These hours are unchanged from 

previous scheduling seasons. 

Carriers should submit schedule 

information in sufficient detail 

including, at minimum, the marketing 

or operating carrier, flight number, 

scheduled time of operation, frequency, 

aircraft equipment, and effective dates. 

IATA standard schedule information 

format and data elements for 

communications at Level 2 and Level 3 

airports in the IATA Standard 

Schedules Information Manual (SSIM) 

Chapter 6 may be used. The WSG 

provides additional information on 

schedule submissions at Level 2 and 

Level 3 airports. Some carriers at JFK 

manage and track slots through FAAassigned Slot ID numbers corresponding 

to an arrival or departure slot in a 

particular half-hour on a particular day 

of week and date. The FAA has a similar 

voluntary process for tracking schedules 

at EWR with Reference IDs, and certain 

carriers are managing their schedules 

accordingly. The primary users of IDs 

are United States and Canadian carriers 

that have the highest frequencies and 

considerable schedule changes 

throughout the season and can benefit 

from a simplified exchange of 


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