Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Notices 89481 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 98905 

(November 13, 2023) (SR–ISE–2023–11) (Order 

Approving a Proposed Rule Change to Amend the 

Short Term Option Series Program to Permit the 

Listing of Two Wednesday Expirations for Options 

on Certain Exchange Traded Products) (‘‘Nasdaq 

ISE Approval’’). 

2015, Public Law 114–74 (Nov. 2, 2015), 

entitled the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (the 2015 Act), amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (28 U.S.C. 2461 

note) (Inflation Adjustment Act) to 

require agencies to publish regulations 

adjusting the amount of civil monetary 

penalties provided by law within the 

jurisdiction of the agency not later than 

January 15th of every year. 

For the 2024 annual adjustment for 

inflation of the maximum civil penalty 

under the Program Fraud Civil 

Remedies Act of 1986, the Board applies 

the formula provided by the 2015 Act 

and the Board’s regulations at Title 20, 

Code of Federal Regulations, Part 356. 

In accordance with the 2015 Act, the 

amount of the adjustment is based on 

the percent increase between the 

Consumer Price Index (CPI–U) for the 

month of October preceding the date of 

the adjustment and the CPI–U for the 

October one year prior to the October 

immediately preceding the date of the 

adjustment. If there is no increase, there 

is no adjustment of civil penalties. The 

percent increase between the CPI–U for 

October 2023 and October 2024, as 

provided by Office of Management and 

Budget Memorandum M–24–07 

(December 19, 2023), is 1.03241 percent. 

Therefore, the new maximum penalty 

under the Program Fraud Civil 

Remedies Act is $13,946 (the 2023 

maximum penalty of $13,508 multiplied 

by 1.03241, rounded to the nearest 

dollar). The new minimum penalty 

under the False Claims Act is $13,946 

(the 2023 minimum penalty of $13,508 

multiplied by 1.03241, rounded to the 

nearest dollar), and the new maximum 

penalty is $27,894 (the 2023 maximum 

penalty of $27,018 multiplied by 

1.03241, rounded to the nearest dollar). 

The adjustments in penalties will be 

effective December 27, 2023. 

Dated: December 21, 2023. 

By Authority of the Board. 

Stephanie Hillyard, 

Secretary to the Board. 

[FR Doc. 2023–28508 Filed 12–26–23; 8:45 am] 

BILLING CODE P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99211; File No. SR–MEMX– 

2023–35] 

Self-Regulatory Organizations; MEMX 

LLC; Notice of Filing and Immediate 

Effectiveness of a Proposed Rule 

Change To Amend the Exchange’s 

Short Term Option Series Program 

December 20, 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 December 

15, 2023, MEMX LLC (‘‘Exchange’’) 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 

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 

expand the Exchange’s Short Term 

Option Series Program as set forth in 

Rule 19.5, Interpretation and Policy .05, 

to permit the listing of two Wednesday 

expirations for options on United States 

Oil Fund, LP (‘‘USO’’), United States 

Natural Gas Fund, LP (‘‘UNG’’), SPDR 

Gold Shares (‘‘GLD’’), iShares Silver 

Trust (‘‘SLV’’), and iShares 20+ Year 

Treasury Bond ETF (‘‘TLT’’) 

(collectively ‘‘Exchange Traded 

Products’’ or ‘‘ETPs’’). The text of the 

proposed rule change is provided in 

Exhibit 5. 

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 purpose of the proposed rule 

change is to amend Rule 19.5, 

Interpretation and Policy .05. 

Specifically, the Exchange proposes to 

expand the Short Term Option Series 

Program to permit the listing of two 

Wednesday expirations for options on 

United States Oil Fund, LP (‘‘USO’’), 

United States Natural Gas Fund, LP 

(‘‘UNG’’), SPDR Gold Shares (‘‘GLD’’), 

iShares Silver Trust (‘‘SLV’’), and 

iShares 20+ Year Treasury Bond ETF 

(‘‘TLT’’) (collectively ‘‘Exchange Traded 

Products’’ or ‘‘ETPs’’). This is a 

competitive filing that is based on a 

proposal submitted from Nasdaq ISE, 

LLC (‘‘Nasdaq ISE’’) and recently 

approved by the Commission.3

Currently, as set forth in Rule 19.5, 

Interpretation and Policy .05, after an 

option class has been approved for 

listing and trading on the Exchange, the 

Exchange may open for trading on any 

Thursday or Friday that is a business 

day (‘‘Short Term Option Opening 

Date’’) series of options on that class 

that expire at the close of business on 

each of the next five Fridays that are 

business days and are not Fridays on 

which monthly options series or 

Quarterly Options Series expire 

(‘‘Friday Short Term Option Expiration 

Dates’’). The Exchange may have no 

more than a total of five Friday Short 

Term Option Expiration Dates (‘‘Short 

Term Options Weekly Expirations’’). If 

the Exchange is not open for business 

on the respective Thursday or Friday, 

the Short Term Option Opening Date for 

Short Term Options Weekly Expirations 

will be the first business day 

immediately prior to that respective 

Thursday or Friday. Similarly, if the 

Exchange is not open for business on 

the Friday that the Short Term Options 

Weekly Expirations are set to expire, the 

Short Term Option Expiration Date for 

Short Term Options Weekly Expirations 

will be the first business day 

immediately prior to that Friday. 

Additionally, the Exchange may open 

for trading series of options on the 

symbols provided in Table 1 of Rule 

19.5, Interpretation and Policy .05(h) 

that expire at the close of business on 

each of the next two Mondays, 


ddrumheller on DSK120RN23PROD with NOTICES1
89482 Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Notices 

4The Exchange’s rules also provide for 

Wednesday expirations in SPY. As of the date of 

this filing SPY is not listed for trading on the 

Exchange. 

5While the relevant rule text in Rule 19.5, 

Interpretation and Policy .05(h) also indicates that 

the Exchange will not list such expirations on a 

Wednesday that is a business day in which monthly 

options series expire, practically speaking this 

would not occur. 

6See Rule 19.5, Interpretation and Policy .05(e). 

7See id. 

8See Rule 19.5, Interpretation and Policy .05(a). 

9See id. 

10 15 U.S.C. 78f(b). 

11 15 U.S.C. 78f(b)(5). 

Tuesdays, Wednesdays, and Thursdays, 

respectively, that are business days and 

are not business days in which monthly 

options series or Quarterly Options 

Series expire (‘‘Short Term Option Daily 

Expirations’’). For those symbols listed 

in Table 1, the Exchange may have no 

more than a total of two Short Term 

Option Daily Expirations beyond the 

current week for each of Monday, 

Tuesday, Wednesday, and Thursday 

expirations at one time. 

At this time, the Exchange proposes to 

expand the Short Term Option Daily 

Expirations to permit the listing and 

trading of options on USO, UNG, GLD, 

SLV, and TLT expiring on Wednesdays. 

The Exchange proposes to permit two 

Short Term Option Expiration Dates 

beyond the current week for each 

Wednesday expiration at one time. In 

order to effectuate the proposed 

changes, the Exchange would add USO, 

UNG, GLD, SLV, and TLT to Table 1 of 

Rule 19.5, Interpretation and Policy 

.05(h), which specifies each symbol that 

qualifies as a Short Term Option Daily 

Expiration. 

The proposed Wednesday USO, UNG, 

GLD, SLV, and TLT expirations will be 

similar to the current Wednesday QQQ 

and IWM Short Term Option Daily 

Expirations set forth in Rule 19.5, 

Interpretation and Policy .05,4 such that 

the Exchange may open for trading on 

any Tuesday or Wednesday that is a 

business day (beyond the current week) 

series of options on USO, UNG, GLD, 

SLV, and TLT to expire on any 

Wednesday of the month that is a 

business day and is not a Wednesday in 

which Quarterly Options Series expire 

(‘‘Wednesday USO Expirations,’’ 

‘‘Wednesday UNG Expirations,’’ 

‘‘Wednesday GLD Expirations,’’ 

‘‘Wednesday SLV Expirations,’’ and 

‘‘Wednesday TLT Expirations’’) 

(collectively, ‘‘Wednesday ETP 

Expirations’’).5 In the event Short Term 

Option Daily Expirations expire on a 

Wednesday and that Wednesday is the 

same day that a Quarterly Options 

Series expires, the Exchange would skip 

that week’s listing and instead list the 

following week; the two weeks would 

therefore not be consecutive. Today, 

Wednesday expirations in QQQ and 

IWM similarly skip the weekly listing in 

the event the weekly listing expires on 

the same day in the same class as a 

Quarterly Options Series. 

USO, UNG, GLD, SLV, and TLT 

Friday expirations would continue to 

have a total of five Short Term Option 

Expiration Dates provided those Friday 

expirations are not Fridays in which 

monthly options series or Quarterly 

Options Series expire (‘‘Friday Short 

Term Option Expiration Dates’’). 

Similar to Wednesday QQQ and IWM 

Short Term Option Daily Expirations 

within Rule 19.5, Interpretation and 

Policy .05(h), the Exchange proposes 

that it may open for trading on any 

Tuesday or Wednesday that is a 

business day series of options on USO, 

UNG, GLD, SLV, and TLT that expire at 

the close of business on each of the next 

two Wednesdays that are business days 

and are not business days in which 

Quarterly Options Series expire. 

The interval between strike prices for 

the proposed Wednesday ETP 

Expirations will be the same as those for 

the current Short Term Option Series for 

Friday expirations applicable to the 

Short Term Option Series Program.6

Specifically, the Wednesday ETP 

Expirations will have a strike interval of 

$0.50 or greater for strike prices below 

$100, $1 or greater for strike prices 

between $100 and $150, and $2.50 or 

greater for strike prices above $150.7 As 

is the case with other equity options 

series listed pursuant to the Short Term 

Option Series Program, the Wednesday 

ETP Expirations series will be P.M.- 

settled. 

Pursuant to Rule 19.5, Interpretation 

and Policy .05(h), with respect to the 

Short Term Option Series Program, a 

Wednesday expiration series shall 

expire on the first business day 

immediately prior to that Wednesday, 

e.g., Tuesday of that week if the 

Wednesday is not a business day. 

Currently, for each option class 

eligible for participation in the Short 

Term Option Series Program, the 

Exchange is limited to opening thirty 

(30) series for each expiration date for 

the specific class.8 The thirty (30) series 

restriction does not include series that 

are open by other securities exchanges 

under their respective weekly rules; the 

Exchange may list these additional 

series that are listed by other options 

exchanges.9 With the proposed changes, 

this thirty (30) series restriction would 

apply to Wednesday USO, UNG, GLD, 

SLV, and TLT Short Term Option Daily 

Expirations as well. In addition, the 

Exchange will be able to list series that 

are listed by other exchanges, assuming 

they file similar rules with the 

Commission to list Wednesday ETP 

Expirations. 

With this proposal, Wednesday ETP 

Expirations would be treated similarly 

to existing Wednesday QQQ and IWM 

Expirations. With respect to monthly 

option series, Short Term Option Daily 

Expirations will be permitted to expire 

in the same week in which monthly 

option series on the same class expire. 

Not listing Short Term Option Daily 

Expirations for one week every month 

because there was a monthly on that 

same class on the Friday of that week 

would create investor confusion. 

Further, as with Wednesday QQQ and 

IWM Expirations, the Exchange would 

not permit Wednesday ETP Expirations 

to expire on a business day in which 

monthly options series or Quarterly 

Options Series expire. Therefore, all 

Short Term Option Daily Expirations 

would expire at the close of business on 

each of the next two Wednesdays that 

are business days and are not business 

days in which monthly options series or 

Quarterly Options Series expire. The 

Exchange believes that it is reasonable 

to not permit two expirations on the 

same day in which a monthly options 

series or a Quarterly Options Series 

would expire because those options 

would be duplicative of each other. 

The Exchange does not believe that 

any market disruptions will be 

encountered with the introduction of 

Wednesday ETP Expirations. The 

Exchange has the necessary capacity 

and surveillance programs in place to 

support and properly monitor trading in 

the proposed Wednesday ETP 

Expirations. The Exchange currently 

trades P.M.-settled Short Term Option 

Series that expire Wednesday for QQQ 

and IWM and has not experienced any 

market disruptions nor issues with 

capacity. Today, the Exchange has 

surveillance programs in place to 

support and properly monitor trading in 

Short Term Option Series that expire 

Wednesday for QQQ and IWM. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with section 6(b) 

of the Act,10 in general, and furthers the 

objectives of section 6(b)(5) of the Act,11

in particular, in that it is 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Notices 89483 

12See Rule 19.5, Interpretation and Policy .05(h). 

13See supra note 1 [sic]. 

14See Exchange Act Release No. 99037 

(November 29, 2023), 88 FR 84370 (December 5, 

2023) (SR–CboeEDGX–2023–071). 

15See Exchange Act Release No. 99036 

(November 29, 2023), 88 FR 84383 (December 5, 

2023) (SR–CboeBZX–2023–096). 

16See Exchange Act Release No. 98997 

(November 21, 2023), 88 FR 82929 (November 27, 

2023) (SR–BOX–2023–27). 

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. 

Similar to Wednesday expirations in 

QQQ and IWM, the proposal to permit 

Wednesday ETP Expirations, subject to 

the proposed limitation of two 

expirations beyond the current week, 

would protect investors and the public 

interest by providing the investing 

public and other market participants 

more choice and flexibility to closely 

tailor their investment and hedging 

decisions in these options and allow for 

a reduced premium cost of buying 

portfolio protection, thus allowing them 

to better manage their risk exposure. 

The Exchange represents that it has an 

adequate surveillance program in place 

to detect manipulative trading in the 

proposed option expirations, in the 

same way that it monitors trading in the 

current Short Term Option Series for 

Wednesday QQQ and IWM expirations. 

The Exchange also represents that it has 

the necessary system capacity to 

support the new expirations. Finally, 

the Exchange does not believe that any 

market disruptions will be encountered 

with the introduction of these option 

expirations. As discussed above, the 

Exchange believes that its proposal is a 

modest expansion of weekly expiration 

dates for GLD, SLV, USO, UNG, and 

TLT given that it will be limited to two 

Wednesday expirations beyond the 

current week. Lastly, the Exchange 

believes its proposal will not be a strain 

on liquidity providers because of the 

multi-class nature of GLD, SLV, USO, 

UNG, and TLT and the available hedges 

in highly correlated instruments, as 

described above. 

The Exchange believes that the 

proposal is consistent with the Act as 

the proposal would overall add a small 

number of Wednesday ETP Expirations 

by limiting the addition of two 

Wednesday expirations beyond the 

current week. The addition of 

Wednesday ETP Expirations would 

remove impediments to and perfect the 

mechanism of a free and open market by 

encouraging Market Makers to continue 

to deploy capital more efficiently and 

improve market quality. The Exchange 

believes that the proposal will allow 

market participants to expand hedging 

tools and tailor their investment and 

hedging needs more effectively in USO, 

UNG, GLD, SLV, and TLT as these funds 

are most likely to be utilized by market 

participants to hedge the underlying 

asset classes. 

Similar to Wednesday QQQ and IWM 

expirations, the introduction of 

Wednesday ETP Expirations is 

consistent with the Act as it will, among 

other things, expand hedging tools 

available to market participants and 

allow for a reduced premium cost of 

buying portfolio protection. The 

Exchange believes that Wednesday ETP 

Expirations will allow market 

participants to purchase options on 

USO, UNG, GLD, SLV, and TLT based 

on their timing as needed and allow 

them to tailor their investment and 

hedging needs more effectively, thus 

allowing them to better manage their 

risk exposure. Today, the Exchange lists 

Wednesday QQQ and IWM 

Expirations.12

The Exchange believes the Short Term 

Option Series Program has been 

successful to date and that Wednesday 

ETP Expirations should simply expand 

the ability of investors to hedge risk 

against market movements stemming 

from economic releases or market events 

that occur throughout the month in the 

same way that the Short Term Option 

Series Program has expanded the 

landscape of hedging. There are no 

material differences in the treatment of 

Wednesday QQQ and IWM expirations 

compared to the proposed Wednesday 

ETP Expirations. Given the similarities 

between Wednesday QQQ and IWM 

expirations and the proposed 

Wednesday ETP Expirations, the 

Exchange believes that applying the 

provisions in Rule 19.5, Interpretation 

and Policy .05(h) that currently apply to 

Wednesday QQQ and IWM expirations 

is justified. For example, the Exchange 

believes that allowing Wednesday ETP 

Expirations and monthly ETP 

expirations in the same week will 

benefit investors and minimize investor 

confusion by providing Wednesday ETP 

Expirations in a continuous and 

uniform manner. 

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. In this regard 

and as indicated above, the Exchange 

notes that the rule change is being 

proposed as a competitive response to a 

filing submitted by Nasdaq ISE that was 

recently approved by the Commission,13

as well as to competitive filings 

submitted by Cboe EDGX Exchange Inc. 

(‘‘EDGX’’),14 Cboe BZX Exchange Inc. 

(‘‘BZX’’) 15 and BOX Exchange LLC 

(‘‘BOX’’) 16 in which each respective 

exchange indicates that the filings were 

submitted as competitive responses to 

the Nasdaq ISE filing. 

While the proposal will expand the 

Short Term Options Expirations to 

allow Wednesday ETP Expirations to be 

listed on the Exchange, the Exchange 

believes that this limited expansion for 

Wednesday expirations for options on 

USO, UNG, GLD, SLV, and TLT will not 

impose an undue burden on 

competition; rather, it will meet 

customer demand. The Exchange 

believes that market participants will 

continue to be able to expand hedging 

tools and tailor their investment and 

hedging needs more effectively in USO, 

UNG, GLD, SLV, and TLT given multiclass nature of these products and the 

available hedges in highly correlated 

instruments, as described above. Similar 

to Wednesday QQQ and IWM 

expirations, the introduction of 

Wednesday ETP Expirations does not 

impose an undue burden on 

competition. The Exchange believes that 

it will, among other things, expand 

hedging tools available to market 

participants and allow for a reduced 

premium cost of buying portfolio 

protection. The Exchange believes that 

Wednesday ETP Expirations will allow 

market participants to purchase options 

on USO, UNG, GLD, SLV, and TLT 

based on their timing as needed and 

allow them to tailor their investment 

and hedging needs more effectively. The 

Exchange does not believe the proposal 

will impose any burden on inter-market 

competition, as nothing prevents the 

other options exchanges from proposing 

similar rules to list and trade 

Wednesday ETP Expirations. Further, 

the Exchange does not believe the 

proposal will impose any burden on 

intramarket competition, as all market 

participants will be treated in the same 

manner under this proposal. 

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. 


ddrumheller on DSK120RN23PROD with NOTICES1
89484 Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Notices 

17 15 U.S.C. 78s(b)(3)(A)(iii). 

18 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. 

19 17 CFR 240.19b–4(f)(6). 

20 17 CFR 240.19b–4(f)(6)(iii). 

21See supra note 3. 

22For 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). 

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. 97768 

(June 20, 2023), 88 FR 41423 (‘‘Notice’’). 

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

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

7See Securities Exchange Act Release No. 98050, 

88 FR 53941 (August 9, 2023) (‘‘Order Instituting 

Proceedings’’). 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing 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 after the date of 

the filing, or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest, it has become effective 

pursuant to section 19(b)(3)(A) of the 

Act 17 and Rule 19b–4(f)(6) 18

thereunder. 

A proposed rule change filed under 

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

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b–4(f)(6)(iii),20 the 

Commission may designate a shorter 

time if such action is consistent with the 

protection of investors and the public 

interest. The Exchange has asked the 

Commission to waive the 30-day 

operative delay so that the proposal may 

become operative immediately upon 

filing. According to the Exchange, 

waiver of the 30-day operative delay 

would ensure fair competition among 

the exchanges by allowing the Exchange 

to permit the listing of two Wednesday 

expirations for options on the ETPs. The 

Commission believes that waiver of the 

30-day operative delay is consistent 

with the protection of investors and the 

public interest because the proposed 

rule change does not raise any new or 

novel issues.21 Accordingly, the 

Commission hereby waives the 30-day 

operative delay and designates the 

proposed rule change as operative upon 

filing.22

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 

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– 

MEMX–2023–35 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–MEMX–2023–35. 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–MEMX–2023–35 and should be 

submitted on or before January 17, 2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.23

Christina Z. Milnor, 

Assistant Secretary. 

[FR Doc. 2023–28453 Filed 12–26–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99210; File No. SR–MIAX– 

2023–23] 

Self-Regulatory Organizations; Miami 

International Securities Exchange, 

LLC; Notice of Designation of Longer 

Period for Commission Action on 

Proceedings To Determine Whether To 

Approve or Disapprove Proposed Rule 

Change To Increase Fees for the ToM 

Market Data Product and Establish 

Fees for the cToM Market Data Product 

December 20, 2023. 

On June 7, 2023, Miami International 

Securities Exchange, LLC (‘‘MIAX’’ or 

the ‘‘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 

(File Number SR–MIAX–2023–23) to 

increase fees for the MIAX Top of 

Market (‘‘ToM’’) market data product 

and establish fees for the MIAX 

Complex Top of Market (‘‘cToM’’) 

market data product. 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 

June 26, 2023.4 On August 3, 2023, the 

Commission issued an order 

temporarily suspending the proposed 

rule change pursuant to section 

19(b)(3)(C) of the Act 5 and 

simultaneously instituting proceedings 

under section 19(b)(2)(B) of the Act 6 to 

determine whether to approve or 

disapprove the proposed rule change.7


ddrumheller on DSK120RN23PROD with NOTICES1