68846 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 

24For purposes only of waiving the 30-day 

operative delay, the Commission has also 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 

25 15 U.S.C. 78s(b)(2)(B). 

26 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(6). 

5The Exchange is authorized to list for trading 

options that overlie the Mini-SPX Index (‘‘XSP’’) 

and the Russell 2000 Index (‘‘RUT’’). See Rule 

29.11(a). See also Securities Exchange Act Release 

protection of investors and the public 

interest. The Exchange has asked the 

Commission to waive the 30-day 

operative delay because this rule filing 

merely corrects typographical errors for 

which the rest of the rule is otherwise 

clear. Therefore, IEX believes there is no 

need to delay implementation of this 

rule change, so that the Exchange may 

promptly correct these typographical 

errors and avoid any potential confusion 

on the part of market participants. For 

these reasons, and because the proposed 

rule change does not raise any novel 

legal or regulatory issues, the 

Commission believes that waiving the 

30-day operative delay is consistent 

with the protection of investors and the 

public interest. Therefore, the 

Commission hereby waives the 30-day 

operative delay and designates the 

proposal operative upon filing.24

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. If the 

Commission takes such action, the 

Commission shall institute proceedings 

under Section 19(b)(2)(B) 25 of the Act to 

determine whether the proposed rule 

change 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 (https://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include file number SR– 

IEX–2023–09 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–IEX–2023–09. 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 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 

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 

SR–IEX–2023–09 and should be 

submitted on or before October 25, 

2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.26

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–21932 Filed 10–3–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98640; File No. SR– 

CboeEDGX–2023–061] 

Self-Regulatory Organizations; Cboe 

EDGX Exchange, Inc.; Notice of Filing 

and Immediate Effectiveness of a 

Proposed Rule Change To Extend the 

Pilot Programs in Connection With the 

Listing and Trading of P.M.-Settled 

Series on Certain Broad-Based Index 

Options 

September 28, 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 28, 2023, Cboe EDGX 

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

filed with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been prepared by the Exchange. The 

Exchange filed the proposal as a ‘‘noncontroversial’’ proposed rule change 

pursuant to Section 19(b)(3)(A)(iii) of 

the Act 3 and Rule 19b–4(f)(6) 

thereunder.4 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 

Cboe EDGX Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘EDGX Options’’) 

proposes to extend the pilot programs in 

connection with the listing and trading 

of P.M.-settled series on certain broadbased index options. The text of the 

proposed rule change is provided in 

Exhibit 5. 

The text of the proposed rule change 

is also available on the Exchange’s 

website (http://markets.cboe.com/us/ 

options/regulation/rule_filings/edgx/), 

at the Exchange’s Office of the 

Secretary, 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 proposed rule change extends the 

listing and trading of P.M.-settled series 

on certain broad-based index options on 

a pilot basis.5 Rule 29.11(a)(6) currently 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 68847 

Nos. 84481 (October 24, 2018), 83 FR 54624 

(October 30, 2018) (Notice of Filing of a Proposed 

Rule Change To Permit the Listing and Trading of 

P.M.-Settled Series on Certain Broad-Based Index 

Options on a Pilot Basis) (SR–CboeEDGX–2018– 

037) (‘‘Notice’’); 85182 (February 22, 2019), 84 FR 

6846 (February 28, 2019) (Notice of Deemed 

Approval of a Proposed Rule Change To Permit the 

Listing and Trading of P.M.-Settled Series on 

Certain Broad-Based Index Options on a Pilot Basis) 

(SR–CboeEDGX–2018–037); 88054 (January 27, 

2020), 85 FR 5761 (January 31, 2020) (Notice of 

Filing and Immediate Effectiveness of a Proposed 

Rule Change To Extend the Pilot Programs in 

Connection With the Listing and Trading of P.M.- 

Settled Series on Certain Broad-Based Index 

Options) (SR–CboeEDGX–2020–002); 88787 (April 

30, 2020), 85 FR 26995 (May 6, 2020) (Notice of 

Filing and Immediate Effectiveness of a Proposed 

Rule Change To Extend the Pilot Programs in 

Connection With the Listing and Trading of P.M.- 

Settled Series on Certain Broad-Based Index 

Options) (SR–CboeEDGX–2020–019); 90253 

(October 22, 2020) 85 FR 68390 (October 28, 2020) 

(Notice of Filing and Immediate Effectiveness of a 

Proposed Rule Change To Extend the Pilot 

Programs in Connection With the Listing and 

Trading of P.M.-Settled Series on Certain BroadBased Index Options) (SR–CboeEDGX–2020–050); 

91700 (April 28, 2021), 86 FR 23770 (May 4, 2021) 

(Notice of Filing and Immediate Effectiveness of a 

Proposed Rule Change To Extend the Pilot 

Programs in Connection With the Listing and 

Trading of P.M.-Settled Series on Certain BroadBased Index Options) (SR–CboeEDGX–2021–022); 

93453 (October 28, 2021), 86 FR 60667 (November 

3, 2021) (Notice of Filing and Immediate 

Effectiveness of a Proposed Rule Change To Extend 

the Pilot Programs in Connection With the Listing 

and Trading of P.M.-Settled Series on Certain 

Broad-Based Index Options) (SR–CboeEDGX–2021– 

047); 94803 (April 27, 2022), 87 FR 26237 (May 3, 

2022) (Notice of Filing and Immediate Effectiveness 

of a Proposed Rule Change To Extend the Pilot 

Programs in Connection With the Listing and 

Trading of P.M.-Settled Series on Certain BroadBased Index Options) (SR–CboeEDGX–2022–025); 

96209 (November 2, 2022), 87 FR 67520 (November 

8, 2022) (Notice of Filing and Immediate 

Effectiveness of a Proposed Rule Change to Extend 

the Pilot Programs in Connection with the Listing 

and Trading of P.M.-Settled Series on Certain 

Broad-Based Index Options) (SR–CboeEDGX–2022– 

047) and 97443 (May 5, 2023) 88 FR 30356 (May 

11, 2023) (Notice of Filing and Immediate 

Effectiveness of a Proposed Rule Change To Extend 

the Pilot Programs in Connection With the Listing 

and Trading of P.M.-Settled Series on Certain 

Broad-Based Index Options) (SR–CboeEDGX–2023– 

035). 

6Rule 29.10(a) permits transactions in P.M.- 

settled XSP options on their last trading day to be 

effected on the Exchange between the hours of 9:30 

a.m. and 4:00 p.m. Eastern time. All other 

transactions in index options are effected on the 

Exchange between the hours of 9:30 a.m. and 4:15 

p.m. Eastern time. 

7The Exchange notes that the Pilot Programs 

currently run on a bi-annual pilot basis. 

8See supra note 5. 

9See Cboe Options Rule 4.13.13, which also 

permits P.M.-settled third Friday-of-the-month SPX 

options on a pilot basis. Cboe Options recently 

received approval to list these options on a 

permanent basis. See Securities Exchange Act 

Release No. 98455 (September 20, 2023) (SR– 

CBOE–2023–019) (order approving proposed rule 

change to make permanent the operation of a 

program that allows the Exchange to list p.m.- 

settled third Friday-of-the-month XSP and MRUT 

options series). 

permits the listing and trading of XSP 

options with third-Friday-of-the-month 

expiration dates, whose exercise 

settlement value will be based on the 

closing index value on the expiration 

day (‘‘P.M.-settled’’) on a pilot basis set 

to expire on November 6, 2023 (the 

‘‘XSPPM Pilot Program’’). Rule 

29.11(j)(3) also permits the listing and 

trading of P.M.-settled options on broadbased indexes with weekly expirations 

(‘‘Weeklys’’) and end-of-month 

expirations (‘‘EOMs’’) on a pilot basis 

set to expire on November 6, 2023 (the 

‘‘Nonstandard Expirations Pilot 

Program’’, and together with the XSPPM 

Pilot Program, the ‘‘Pilot Programs’’). 

The Exchange proposes to extend the 

Pilot Programs through May 6, 2024. 

XSPPM Pilot Program 

Rule 29.11(a)(6) permits the listing 

and trading, in addition to A.M.-settled 

XSP options, of P.M.-settled XSP 

options with third-Friday-of-the-month 

expiration dates on a pilot basis. The 

Exchange believes that continuing to 

permit the trading of XSP options on a 

P.M.-settled basis will continue to 

encourage greater trading in XSP 

options. Other than settlement and 

closing time on the last trading day 

(pursuant to Rule 29.10(a)), 6 contract 

terms for P.M.-settled XSP options are 

the same as the A.M.-settled XSP 

options. The contract uses a $100 

multiplier and the minimum trading 

increments, strike price intervals, and 

expirations are the same as the A.M.- 

settled XSP option series. P.M.-settled 

XSP options have European-style 

exercise. The Exchange also has 

flexibility to open for trading additional 

series in response to customer demand. 

If the Exchange were to propose 

another extension of the XSPPM Pilot 

Program, the Exchange would submit a 

filing proposing such amendments to 

the XSPPM Pilot Program. Further, any 

positions established under the XSPPM 

Pilot Program would not be impacted by 

the expiration of the XSPPM Pilot 

Program. For example, if the Exchange 

lists a P.M.-settled XSP option that 

expires after the XSPPM Pilot Program 

expires (and is not extended), then those 

positions would continue to exist. If the 

pilot were not extended, then the 

positions could continue to exist. 

However, any further trading in those 

series would be restricted to 

transactions where at least one side of 

the trade is a closing transaction. 

As part of the XSPPM Pilot Program, 

the Exchange submits a pilot report to 

the Commission at least two months 

prior to the expiration date of the pilot.7

This annual report contains an analysis 

of volume, open interest, and trading 

patterns. In proposing to extend the 

XSPPM Pilot Program, the Exchange 

will continue to abide by the reporting 

requirements described in the Notice.8

Additionally, the Exchange will provide 

the Commission with any additional 

data or analyses the Commission 

requests because it deems such data or 

analyses necessary to determine 

whether the XSPPM Pilot Program is 

consistent with the Exchange Act. The 

Exchange is in the process of making 

public on its website data and analyses 

previously submitted to the Commission 

under the Pilot Program, and will make 

public any data and analyses it submits 

to the Commission under the Pilot 

Program in the future. The Exchange 

also notes that its affiliated options 

exchange, Cboe Exchange, Inc. (‘‘Cboe 

Options’’) currently lists P.M.-settled 

third Friday-of-the-month XSP options.9

Nonstandard Expirations Pilot Program 

Rule 29.11(j)(1) permits the listing 

and trading, on a pilot basis, of P.M.- 

settled options on broad-based indexes 

with nonstandard expiration dates and 

is currently set to expire on November 

6, 2023. The Nonstandard Expirations 

Pilot Program permits both Weeklys and 

EOMs as discussed below. Contract 

terms for the Weekly and EOM 

expirations are similar to those of the 

A.M.-settled broad-based index options, 

except that the Weekly and EOM 

expirations are P.M.-settled. 

In particular, Rule 29.11(j)(1) permits 

the Exchange to open for trading 

Weeklys on any broad-based index 

eligible for standard options trading to 

expire on any Monday, Wednesday, or 

Friday (other than the third Friday-ofthe-month or days that coincide with an 

EOM). Weeklys are subject to all 

provisions of Rule 29.11 and are treated 

the same as options on the same 

underlying index that expire on the 

third Friday of the expiration month. 

However, under the Nonstandard 

Expirations Pilot Program, Weeklys are 

P.M.-settled, and new Weekly series 

may be added up to and including on 

the expiration date for an expiring 

Weekly. 

Rule 29.11(a)(2) permits the Exchange 

to open for trading EOMs on any broadbased index eligible for standard 

options trading to expire on the last 

trading day of the month. EOMs are 

subject to all provisions of Rule 29.11 

and treated the same as options on the 

same underlying index that expire on 

the third Friday of the expiration 

month. However, under the 

Nonstandard Expirations Pilot Program, 

EOMs are P.M.-settled, and new series 

of EOMs may be added up to and 


lotter on DSK11XQN23PROD with NOTICES1
68848 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 

10See supra note 7. 

11See supra note 5. 

12See Cboe Options Rule 4.13(e); and Phlx Rule 

1101A(b)(5). Cboe Options recently received 

approval to list these options on a permanent basis. 

See Securities Exchange Act Release No. 98456 

(September 20, 2023) (SR–CBOE–2023–020) (order 

approving proposed rule change to make the 

nonstandard expirations pilot program permanent). 

13See supra note 5. 

14 15 U.S.C. 78f(b). 

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

including on the expiration date for an 

expiring EOM. 

As stated above, this proposed rule 

change extends the Nonstandard 

Expirations Pilot Program for broadbased index options on a pilot basis, for 

a period of six months. If the Exchange 

were to propose an additional extension 

of the Nonstandard Expirations Pilot 

Program, the Exchange would submit 

additional filings proposing such 

amendments. Further, any positions 

established under the Nonstandard 

Expirations Pilot Program would not be 

impacted by the expiration of the pilot. 

For example, if the Exchange lists a 

Weekly or EOM that expires after the 

Nonstandard Expirations Pilot Program 

expires (and is not extended), then those 

positions would continue to exist. 

However, any further trading in those 

series would be restricted to 

transactions where at least one side of 

the trade is a closing transaction. 

As part of the Nonstandard 

Expirations Pilot Program, the Exchange 

submits a pilot report to the 

Commission at least two months prior to 

the expiration date of the pilot.10 This 

annual report contains an analysis of 

volume, open interest, and trading 

patterns. In proposing to extend the 

Nonstandard Expirations Pilot Program, 

the Exchange will continue to abide by 

the reporting requirements described in 

the Notice.11 Additionally, the 

Exchange will provide the Commission 

with any additional data or analyses the 

Commission requests because it deems 

such data or analyses necessary to 

determine whether the Nonstandard 

Expirations Pilot Program is consistent 

with the Exchange Act. The Exchange 

makes its annual data and analyses 

previously submitted to the Commission 

under the Pilot Program public on its 

website and will continue to make 

public any data and analyses it submits 

to the Commission under the Pilot 

Program in the future. The Exchange 

notes that other exchanges, including its 

affiliated exchange, Cboe Options, 

currently lists weekly and end-of-month 

expirations.12

Additional Information 

The Exchange believes there is 

sufficient investor interest and demand 

in the XSPPM and Nonstandard 

Expirations Pilot Programs to warrant 

their extension. The Exchange believes 

that the Programs have provided 

investors with additional means of 

managing their risk exposures and 

carrying out their investment objectives. 

The proposed extensions will continue 

to offer investors the benefit of added 

transparency, price discovery, and 

stability, as well as the continued 

expanded trading opportunities in 

connection with different expiration 

times. The Exchange proposes the 

extension of the Pilot Programs in order 

to continue to give the Commission 

more time to consider the impact of the 

Pilot Programs. To this point, the 

Exchange believes that the Pilot 

Programs have been well-received by its 

Members and the investing public, and 

the Exchange would like to continue to 

provide investors with the ability to 

trade P.M.-settled XSP options and 

contracts with nonstandard expirations. 

All terms regarding the trading of the 

Pilot Products shall continue to operate 

as described in the XSPPM and 

Nonstandard Expirations Notice.13 The 

Exchange merely proposes herein to 

extend the terms of the Pilot Programs 

to May 6, 2024. 

Furthermore, the Exchange has not 

experienced any adverse market effects 

with respect to the Programs. The 

Exchange will continue to monitor for 

any such disruptions or the 

development of any factors that would 

cause such disruptions. The Exchange 

represents it continues to have an 

adequate surveillance program in place 

for index options and that the proposed 

extension will not have an adverse 

impact on capacity. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) and the rules and regulations 

thereunder applicable to the Exchange 

and, in particular, the requirements of 

Section 6(b) of the Act.14 Specifically, 

the Exchange believes the proposed rule 

change is consistent with the Section 

6(b)(5) 15 requirements that the rules of 

an exchange be designed to prevent 

fraudulent and manipulative acts and 

practices, to promote just and equitable 

principles of trade, to foster cooperation 

and coordination with persons engaged 

in regulating, clearing, settling, 

processing information with respect to, 

and facilitating transactions in 

securities, 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. 

In particular, the Exchange believes 

that the proposed extension of the Pilot 

Programs will continue to provide 

greater opportunities for investors. The 

Exchange believes that the Pilot 

Programs have been successful to date. 

The proposed rule change allows for an 

extension of the Program for the benefit 

of market participants. The Exchange 

believes that there is demand for the 

expirations offered under the Program 

and believes that P.M.-settled XSP, 

Weekly Expirations and EOMs will 

continue to provide the investing public 

and other market participants with the 

opportunities to trade desirable 

products and to better manage their risk 

exposure. The proposed extension will 

also provide the Commission further 

opportunity to observe such trading of 

the Pilot Products. Further, the 

Exchange has not encountered any 

problems with the Programs; it has not 

experienced any adverse effects or 

meaningful regulatory or capacity 

concerns from the operation of the Pilot 

Programs. Also, the Exchange believes 

that such trading pursuant to the 

XSPPM Pilot Program has not, and will 

not, adversely impact fair and orderly 

markets on Expiration Fridays for the 

underlying stocks comprising the S&P 

500 index. 

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 that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. Specifically, 

the Exchange believes that, by extending 

the expiration of the Pilot Programs, the 

proposed rule change will allow for 

further analysis of the Program and a 

determination of how the Program shall 

be structured in the future. In doing so, 

the proposed rule change will also serve 

to promote regulatory clarity and 

consistency, thereby reducing burdens 

on the marketplace and facilitating 

investor protection. 

Specifically, the Exchange does not 

believe the continuation of the Pilot 

Program will impose any unnecessary or 

inappropriate burden on intramarket 

competition because it will continue to 

apply equally to all EDGX Options 

market participants, and the Pilot 

Products will continue to be available to 

all EDGX Options market participants. 

The Exchange believes there is 

sufficient investor interest and demand 

in the Pilot Programs to warrant its 

extension. The Exchange believes that, 

for the period that the Pilot Programs 

has been in operation, it has provided 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 68849 

16 15 U.S.C. 78s(b)(3)(A). 

17 17 CFR 240.19b–4(f)(6). In addition, Rule19b– 

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

give the Commission written notice of its intent to 

file the proposed rule change, along with a brief 

description and text of 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 satisfied this requirement. 

18 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 97900 

(July 13, 2023), 88 FR 46235 (‘‘Notice’’). Comments 

on the proposed rule change are available at: 

https://www.sec.gov/comments/sr-cboebzx-2023- 

038/srcboebzx2023038.htm. 

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

5See Securities Exchange Act Release No. 98266, 

88 FR 61658 (Sept. 7, 2023). The Commission 

designated October 17, 2023, as the date by which 

the Commission shall approve or disapprove, or 

institute proceedings to determine whether to 

disapprove, the proposed rule change. 

investors with desirable products with 

which to trade. Furthermore, as stated 

above, the Exchange maintains that it 

has not experienced any adverse market 

effects or regulatory concerns with 

respect to the Pilot Programs. The 

Exchange further does not believe that 

the proposed extension of the Pilot 

Programs will impose any burden on 

intermarket competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act because it 

only applies to trading on EDGX 

Options. To the extent that the 

continued trading of the Pilot Products 

may make EDGX Options a more 

attractive marketplace to market 

participants at other exchanges, such 

market participants may elect to become 

EDGX Options market participants. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

The Exchange neither solicited nor 

received comments on the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the 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) of the Act 16 and 

subparagraph (f)(6) of Rule 19b–4 

thereunder.17 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. If the 

Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

change 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 (https://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include file number SR– 

CboeEDGX–2023–061 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–CboeEDGX–2023–061. 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 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 

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 

SR–CboeEDGX–2023–061 and should be 

submitted on or before October 25, 

2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.18

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–21960 Filed 10–3–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98613; File No. SR– 

CboeBZX–2023–038] 

Self-Regulatory Organizations; Cboe 

BZX Exchange, Inc.; Order Instituting 

Proceedings To Determine Whether To 

Approve or Disapprove a Proposed 

Rule Change, as Modified by 

Amendment No. 1, To List and Trade 

Shares of the Invesco Galaxy Bitcoin 

ETF Under BZX Rule 14.11(e)(4), 

Commodity-Based Trust Shares 

September 28, 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 

(‘‘Shares’’) of the Invesco Galaxy Bitcoin 

ETF (‘‘Trust’’) under BZX Rule 

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

Shares. On July 11, 2023, the Exchange 

filed Amendment No. 1 to the proposed 

rule change, 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

On August 31, 2023, pursuant to 

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

Commission designated a longer period 

within which to approve the proposed 

rule change, disapprove the proposed 

rule change, or institute proceedings to 

determine whether to disapprove the 

proposed rule change, as modified by 

Amendment No. 1.5 This order 

institutes proceedings under Section 


lotter on DSK11XQN23PROD with NOTICES1