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###### Securities and Exchange Commission

          - [Release No. 34-98806; File No. SR-CboeBYX-2023-013]

                    On September 1, 2023, Cboe BYX Exchange, Inc. (“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 September 20, 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 25, 2023, the Exchange                           ( print page 75343)                        withdrew the proposed rule change (SR-CboeBYX-2023-013).                

                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.[8] 

 

J. Matthew DeLesDernier,

Deputy Secretary. 

# Footnotes

1.                             15 U.S.C. 78s(b)(1).                    
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2.                             17 CFR 240.19b-4.                    
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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).                    
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4.                                                     *See*                         Securities Exchange Act Release No. 98393 (September 14, 2023), 88 FR 64933.                    
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5.                             15 U.S.C. 78s(b)(3)(C).                    
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6.                             15 U.S.C. 78s(b)(2)(B).                    
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7.                                                     *See*                         Securities Exchange Act Release No. 98647, 88 FR 68798 (October 4, 2023).                    
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8.                                 17 CFR 200.30-3(a)(12).                        
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[FR Doc. 2023-24171 Filed 11-1-23; 8:45 am]

BILLING CODE 8011-01-P