Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 71063 

130 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). 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. 98173 

(August 21, 2023), 88 FR 58378. 

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

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

7See Securities Exchange Act Release No. 98657, 

88 FR 68827 (October 4, 2023). 

8 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Exchange Rule 1.5(p). 

5The pricing for Liquidity Provision Tier 4 is 

referred to by the Exchange on the Fee Schedule 

under the existing description ‘‘Added displayed 

volume, Liquidity Provision Tier 4’’ with a Fee 

Code of ‘‘B4’’, ‘‘D4’’ or ‘‘J4’’, as applicable, to be 

provided by the Exchange on the monthly invoices 

provided to Members. 

6This criteria provides that a Member may 

qualify for Liquidity Provision Tier 4 by achieving 

a Displayed ADAV that is equal to or greater than 

0.02% of the TCV and a Step-Up Displayed ADAV 

of the TCV from April 2023 that is equal to or 

greater than 50% of the Member’s April 2023 

Displayed ADAV of the TCV. As set forth on the 

Fee Schedule, ‘‘Displayed ADAV’’ means ADAV 

with respect to displayed orders. ‘‘ADAV’’ means 

the average daily added volume calculated as the 

number of shares added per day, which is 

calculated on a monthly basis. ‘‘Step-Up Displayed 

ADAV’’ means Displayed ADAV in the relevant 

baseline month subtracted from current Displayed 

ADAV. ‘‘TCV’’ is total consolidated volume 

Continued 

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 (http://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 such filing 

also will be available for inspection and 

copying at the principal office of 

FINRA. 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–FINRA–2023–013 and 

should be submitted on or before 

November 3, 2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.130

J. Lynn Taylor, 

Assistant Secretary. 

[FR Doc. 2023–22612 Filed 10–12–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98690; File No. SR–MIAX– 

2023–30] 

Self-Regulatory Organizations; Miami 

International Securities Exchange, 

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, Miami 

International Securities Exchange, LLC 

(‘‘MIAX’’ 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–MIAX–2023– 

30). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–22504 Filed 10–12–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98701; File No. SR–MEMX– 

2023–27] 

Self-Regulatory Organizations; MEMX 

LLC; Notice of Filing and Immediate 

Effectiveness of a Proposed Rule 

Change To Amend the Exchange’s Fee 

Schedule 

October 6, 2023. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on 

September 29, 2023, MEMX LLC 

(‘‘MEMX’’ or the ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (the ‘‘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 4 (the ‘‘Fee 

Schedule’’) pursuant to Exchange Rules 

15.1(a) and (c). The Exchange proposes 

to implement the changes to the Fee 

Schedule pursuant to this proposal 

immediately. The text of the proposed 

rule change is provided in Exhibit 5. 

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 

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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of the proposed rule 

change is to amend the Fee Schedule to 

add clarifying language to the MEMX 

Equities Liquidity Provision Tiers. The 

Exchange notes that certain criteria of 

Liquidity Provision Tier 4 5 (namely, 

criteria (2)),6 will expire no later than 


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