68844 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 

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)(1). 

4 17 CFR 240.19b–4. 

5 15 U.S.C. 78s(b)(3)(A). 

6 17 CFR 240.19b–4. 

necessary or appropriate in furtherance 

of the purposes of the Act. 

The Exchange does not believe the 

rule change will impose a burden on 

intramarket competition because all 

market participants would have access 

to p.m.-settled Nasdaq-100 Index 

options expiring every Friday of the 

month and would be able to trade them 

under the NDXP symbol. The proposal 

will not impose a burden on intermarket 

competition because the options 

affected by this proposal are exclusive 

to the Exchange. Other options 

exchange may elect to adopt a similar 

expiry for a product listed on their 

markets. 

Additionally, the Exchange does not 

believe the proposal will impose any 

burden on intermarket competition as 

market participants on other exchanges 

are welcome to become members and 

trade at ISE if they determine that this 

proposed rule change has made ISE 

more attractive or favorable. 

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 

Within 45 days of the date of 

publication of this notice in the Federal 

Register 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 Exchange consents, the Commission 

will: 

A. by order approve or disapprove 

such proposed rule change, or 

B. institute proceedings to determine 

whether the proposed rule change 

should be 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– 

ISE–2023–20 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–ISE–2023–20. 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–ISE–2023–20 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. 2023–22006 Filed 10–3–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98583; File No. SR–IEX– 

2023–09] 

Self-Regulatory Organizations; 

Investors Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Correct Six 

Typographical Cross-Reference Errors 

in IEX Rule 11.190(b) 

September 28, 2023. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on 

September 22, 2023, the Investors 

Exchange LLC (‘‘IEX’’ or the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission (the 

‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the self-regulatory organization. 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 

Pursuant to the provisions of Section 

19(b)(1) under the Act,3 and Rule 19b– 

4 thereunder,4 the Exchange is filing 

with the Commission a proposed rule 

change to correct six typographical 

cross-reference errors in IEX Rule 

11.190(b). The Exchange has designated 

this rule change as ‘‘non-controversial’’ 

under Section 19(b)(3)(A) of the Act 5

and provided the Commission with the 

notice required by Rule 19b–4(f)(6) 

thereunder.6

The text of the proposed rule change 

is available at the Exchange’s website at 

www.iextrading.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 the 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization 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. 


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Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 68845 

7See IEX Rule 11.190(b)(8)(F). 

8See IEX Rule 11.190(b)(9)(F). 

9See IEX Rule 11.190(b)(10)(F). 

10See IEX Rule 11.190(b)(13)(F). 

11See IEX Rule 11.190(b)(16)(F). 

12See IEX Rule 11.190(b)(19)(F). 

13See IEX Rule 1.160(nn). 

14See IEX Rule 11.190(c). 

15See IEX Rule 1.160(gg). 

16See IEX Rules 11.190(b)(8)(F); 11.190(b)(9)(F); 

11.190(b)(10)(F); 11.190(b)(13)(F); 11.190(b)(16)(F); 

and 11.190(b)(19)(F). 

17 15 U.S.C. 78f. 

18 15 U.S.C. 78f(b)(1). 

19See IEX Rule 1.160(s). 

20 15 U.S.C. 78s(b)(3)(A). 

21 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, 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. 

22 17 CFR 240.19b–4(f)(6). 

23 17 CFR 240.19b–4(f)(6)(iii). 

The self-regulatory organization 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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange makes this filing to 

correct six inadvertent and identical 

typographical cross-reference errors in 

IEX Rule 11.190(b). Specifically, the 

definitions of the Primary Peg,7

Midpoint Peg,8 Discretionary Peg,9

Offset Peg,10 Corporate Discretionary 

Peg,11 and Fixed Midpoint Peg 12 order 

types all contain cross-references to IEX 

Rule 11.190(a)(3)(D) to describe how the 

System 13 handles a pegged order 

marked with a Time-in-Force 14 (‘‘TIF’’) 

of ‘‘DAY’’ that is submitted before, 

during, or after the Regular Market 

Session.15 However, the order type 

definitions should instead crossreference IEX Rule 11.190(a)(3)(E)(iii), 

which contains the relevant text. 

Notwithstanding the cross-reference 

errors, the rules describing the six 

pegged order types in question each 

accurately set forth how an order with 

a TIF of DAY is handled by the System. 

Specifically, each rule states the 

following with respect to a pegged order 

marked with a TIF of DAY: the order is 

eligible to trade only during the Regular 

Market Session, if submitted to the 

System before the opening of the 

Regular Market Session will be queued 

by the System until the start of the 

Regular Market Session, and if 

submitted into the System after the 

closing of the Regular Market Session 

will be rejected.16 This language is 

functionally identical to the description 

in IEX Rule 11.190(a)(3)(E)(iii) of how a 

pegged order with a TIF of DAY 

functions before, during, and after the 

Regular Market Session: 

Pegged orders marked DAY submitted 

before the open of the Regular Market 

Session are queued by the System until the 

Regular Market Session Opening Process, 

pursuant to IEX Rule 11.231. Pegged orders 

marked DAY submitted during the Regular 

Market Session are accepted and begin 

trading immediately. Pegged orders entered 

into the System marked DAY, if not fully 

executed or canceled by the User, expire at 

the end of the Regular Market Session. 

Pegged orders marked DAY are rejected 

during the Post-Market Session. 

IEX therefore proposes to amend 

subparagraph (F) of IEX Rules 

11.190(b)(8), 11.190(b)(9), 11.190(b)(10), 

11.190(b)(13), 11.190(b)(16), and 

11.190(b)(19) from starting ‘‘As 

provided in IEX Rule 11.190(a)(3)(D) 

. . .’’ to instead begin with ‘‘As 

provided in IEX Rule 

11.190(a)(3)(E)(iii). . . .’’ IEX notes that 

correcting this cross-reference in the six 

affected order type definitions will not 

substantively change the meaning of 

each rule, because everything but the 

rule cross-references in these 

subparagraphs IEX accurately describes 

the manner in which the System 

handles a pegged order with a TIF of 

DAY that is submitted before, during, 

and after the Regular Market Session. 

And the incorrect cross-reference to IEX 

Rule 11.190(a)(3)(D) contains an 

unrelated provision that states that a 

pegged order may be submitted with or 

without a limit price and therefore does 

not change the meaning of the IEX Rules 

11.190(b)(8), 11.190(b)(9), 11.190(b)(10), 

11.190(b)(13), 11.190(b)(16), and 

11.190(b)(19). 

2. Statutory Basis 

IEX believes that the proposed rule 

change is consistent with the provisions 

of Section 6(b) 17 of the Act in general, 

and furthers the objectives of Section 

6(b)(1) of the Act 18 in particular, in that 

it is designed to enforce compliance by 

the Exchange’s Members 19 and persons 

associated with its Members, with the 

provisions of the rules of the Exchange. 

In particular, the Exchange believes that 

the proposed rule change will provide 

greater clarity to Members and the 

public regarding the Exchange’s rules by 

correcting six inadvertent and identical 

typographical cross-referencing errors 

without changing their substance and 

providing consistency within the 

Exchange’s Rulebook. 

As described in the Purpose section, 

the rules describing the six pegged order 

types accurately describe how the 

System handles a pegged order with a 

TIF of DAY that is submitted before, 

during, and after the Regular Market 

Session. This rule filing does not 

propose any substantive changes to the 

functionality of the pegged order types; 

it merely proposes to correct crossreferences within such rules. The 

proposed changes will also make it 

easier for Members to interpret the 

Exchange’s Rulebook. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

IEX does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. As described 

in the Purpose and Statutory Basis 

sections, this rule filing merely proposes 

to correct cross-references in six IEX 

rules that describe pegged order type 

functionality, and would not make any 

substantive changes to the functionality 

of the pegged order types. The proposed 

rule change is not designed to address 

any competitive issues but rather to 

correct six inadvertent and identical 

typographical errors, thereby 

eliminating any potential confusion 

regarding such rule provisions without 

changing their substance. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The Exchange has designated this rule 

filing as non-controversial under 

Section 19(b)(3)(A) 20 of the Act and 

Rule 19b–4(f)(6) 21 thereunder. 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 and Rule 19b– 

4(f)(6) thereunder. 

A proposed rule change filed under 

Rule 19b–4(f)(6) 22 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b–4(f)(6)(iii),23 the 

Commission may designate a shorter 

time if such action is consistent with the 


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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