Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 71051 

23 17 CFR 200.30–3(a)(12), (59). 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A). A proposed rule change 

may take effect upon filing with the Commission if 

it is designated by the exchange as ‘‘establishing or 

changing a due, fee, or other charge imposed by the 

self-regulatory organization on any person, whether 

or not the person is a member of the self-regulatory 

organization.’’ 15 U.S.C. 78s(b)(3)(A)(ii). 

4See Securities Exchange Act Release No. 98176 

(August 21, 2023), 88 FR 58342. 

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

6 15 U.S.C. 78s(b)(2)(B). 

7See Securities Exchange Act Release No. 98656, 

88 FR 68680 (October 4, 2023). 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 3See FINRA Rules 12208, 13208 and 14106. 

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–2023–22 and should be 

submitted on or before November 3, 

2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.23

J. Lynn Taylor, 

Assistant Secretary. 

[FR Doc. 2023–22611 Filed 10–12–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98691; File No. SR– 

EMERALD–2023–19] 

Self-Regulatory Organizations; MIAX 

Emerald, LLC; Notice of Withdrawal of 

Proposed Rule Change To Amend the 

Fee Schedule To Modify Certain 

Connectivity Fees and Ports Fees 

October 5, 2023. 

On August 8, 2023, MIAX Emerald, 

LLC (‘‘MIAX Emerald’’ 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 certain connectivity 

and port fees. 

The proposed rule change was 

immediately effective upon filing with 

the Commission pursuant to section 

19(b)(3)(A) of the Act.3 The proposed 

rule change was published for comment 

in the Federal Register on August 25, 

2023.4 On September 29, 2023, pursuant 

to section 19(b)(3)(C) of the Act,5 the 

Commission: (1) temporarily suspended 

the proposed rule change; and (2) 

instituted proceedings under Section 

19(b)(2)(B) of the Act 6 to determine 

whether to approve or disapprove the 

proposed rule change.7 On October 2, 

2023, the Exchange withdrew the 

proposed rule change (SR–EMERALD– 

2023–19). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–22505 Filed 10–12–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98703; File No. SR–FINRA– 

2023–013] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Filing of a 

Proposed Rule Change To Amend the 

FINRA Codes of Arbitration Procedure 

and Code of Mediation Procedure To 

Revise and Restate the Qualifications 

for Representatives in Arbitrations and 

Mediations 

October 6, 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 October 

5, 2023, the Financial Industry 

Regulatory Authority, Inc. (‘‘FINRA’’) 

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 FINRA. 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 

FINRA is proposing to amend FINRA 

Rule 12208(b) through (d) of the Code of 

Arbitration Procedure for Customer 

Disputes (‘‘Customer Code’’), FINRA 

Rule 13208(b) through (d) of the Code of 

Arbitration Procedure for Industry 

Disputes (‘‘Industry Code’’) and FINRA 

Rule 14106(b) through (d) of the Code of 

Mediation Procedure (‘‘Mediation 

Code’’ and collectively, ‘‘Codes’’), to 

revise and restate the qualifications for 

representatives in arbitrations and 

mediations in the forum administered 

by FINRA Dispute Resolution Services 

(‘‘DRS’’); to disallow compensated 

representatives who are not attorneys 

from representing parties in the DRS 

forum; to codify that a student enrolled 

in a law school participating in a law 

school clinical program or its equivalent 

and practicing under the supervision of 

an attorney may represent investors in 

the DRS forum; and to clarify the 

circumstances in which any person, 

including attorneys, would be 

prohibited from representing parties in 

the DRS forum. 

The text of the proposed rule change 

is available on FINRA’s website at 

http://www.finra.org, at the principal 

office of FINRA 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, 

FINRA 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. FINRA 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 

Background 

The Codes currently permit parties to 

arbitrations and mediations in the DRS 

forum to represent themselves, to be 

represented by an attorney at law in 

good standing or to be represented by a 

non-attorney representative (‘‘NAR’’).3

Some NARs receive compensation in 

connection with their representation of 

parties (‘‘compensated NARs’’). 

Compensated NARs receive monetary or 

non-monetary compensation in 

connection with the representation of 

parties—including, for example, 

advance fees, consulting fees, payments 

in kind, referral fees or fees pursuant to 

a contingent fee arrangement. Other 

NARs, often friends or relatives of a 

party, may assist parties with their cases 

without compensation 

(‘‘uncompensated NARs’’). In addition, 

although not specifically provided for in 


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