67846 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Notices 

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

2 17 CFR 240.19b–4. 

3References herein to Phlx Rules in the 3000 

Series shall mean Rules in Phlx Equity 4. 

4See Securities Exchange Act Release No. 98280 

(September 1, 2023), 88 FR 62129. 

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

6 Id. 

7 17 CFR 200.30–3(a)(31). 

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

2 17 CFR 240.19b–4. 

3See Exchange Rule 1.5(p). 

4Customer capacity applies to any order for the 

account of a Priority Customer. ‘‘Priority Customer’’ 

means any person or entity that is neither a broker 

or dealer in securities nor a Professional. See Rule 

16.1 of the MEMX Rulebook. 

5Non-Customer capacity applies to any 

transaction that is not a Customer order. 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98528; File No. SR–PHLX– 

2023–40] 

Self-Regulatory Organizations; Nasdaq 

PHLX LLC; Notice of Filing of 

Proposed Rule Change To Amend 

Equity 4, Rules 3301A and 3301B To 

Establish New ‘‘Contra Midpoint Only’’ 

and ‘‘Contra Midpoint Only With PostOnly’’ Order Types and To Make Other 

Corresponding Changes to the 

Rulebook 

September 26, 2023. 

On August 28, 2023, Nasdaq PHLX 

LLC (‘‘Phlx’’ 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 amend Equity 4, Rules 3301A 

and 3301B3 to establish new ‘‘Contra 

Midpoint Only’’ and ‘‘Contra Midpoint 

Only with Post-Only’’ Order Types, and 

to make other corresponding changes to 

the Rulebook. The proposed rule change 

was published for comment in the 

Federal Register on September 8, 2023.4

The Commission received no comments 

on the proposed rule change. 

Section 19(b)(2) of the Act 5 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 (i) as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or (ii) 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 October 23, 

2023. The Commission is extending this 

45-day time period. 

The Commission finds that it is 

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. Accordingly, pursuant to 

Section 19(b)(2) of the Act,6 the 

Commission designates December 7, 

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– 

PHLX–2023–40). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–21619 Filed 9–29–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98533; File No. SR–MEMX– 

2023–24] 

Self-Regulatory Organizations; MEMX 

LLC; Notice of Filing and Immediate 

Effectiveness of a Proposed Rule 

Change To Amend the Exchange’s Fee 

Schedule 

September 26, 2023. 

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 

September 15, 2023, MEMX LLC 

(‘‘MEMX’’ or the ‘‘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 is filing with the 

Commission a proposed rule change to 

amend the Exchange’s fee schedule 

applicable to Members 3 pursuant to 

Exchange Rules 15.1(a) and (c). 

Specifically, the Exchange proposes to 

adopt transaction fees (‘‘Transaction 

Fees’’), routing fees (‘‘Routing Fees’’), 

and definitions (‘‘Definitions’’) within 

the MEMX Options Fee Schedule (the 

‘‘Options Fee Schedule’’). The 

Transaction Fees section of the Options 

Fee Schedule would establish 

transaction fees and rebates applicable 

to Options Members trading on the 

Exchange’s options trading platform 

(such platform, ‘‘MEMX Options’’ and 

such Members, ‘‘Options Members’’). 

The Routing Fees section of the Options 

Fee Schedule would establish fees for 

Options Members who route their 

orders to away exchanges. The 

Definitions section of the Options Fee 

Schedule would define and clarify 

terms used in the Options Fee Schedule. 

The Exchange proposes to implement 

the changes to the Options Fee Schedule 

pursuant to this proposal on September 

20, 2023. The text of the proposed rule 

change is provided in Exhibit 5. 

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 purpose of the proposed rule 

change is to (i) establish transaction 

rebates and fees applicable to all 

Options Members trading on MEMX 

Options; (ii) establish routing fees 

applicable to all Options Members 

trading on MEMX Options who route 

orders to away exchanges; and (iii) 

define and clarify terms used in the 

Options Fee Schedule. 

Transaction Fees 

The proposed Transaction Fees 

section of the Options Fee Schedule sets 

forth transaction rebates and fees for 

executions on MEMX Options. MEMX 

Options will operate a ‘‘Maker-Taker’’ 

model whereby it provides rebates to 

Options Members that provide liquidity 

and charges fees to those that remove 

liquidity, as further described below. 

The proposed rebates and fees vary 

depending on whether a transaction was 

executed in a customer capacity 

(‘‘Customer’’) 4 or in a non-customer 

capacity (‘‘Non-Customer’’) 5, whether 

the underlying security of the applicable 

option is in the Penny Pilot Program 


lotter on DSK11XQN23PROD with NOTICES1