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
Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Notices 89485 

8 15 U.S.C. 78s(b)(2). 

9See Notice, supra note 4. 

10 15 U.S.C. 78s(b)(2). 

11 17 CFR 200.30–3(a)(57). 

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. 97767 

(June 20, 2023), 88 FR 41442 (‘‘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. 98051, 

88 FR 53937 (August 9, 2023) (‘‘Order Instituting 

Proceedings’’). 

8 15 U.S.C. 78s(b)(2). 

9See Notice, supra note 4. 

10 15 U.S.C. 78s(b)(2). 

11 17 CFR 200.30–3(a)(57). 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(2). 

5Capitalized terms used herein and not otherwise 

defined shall have the meaning assigned to such 

terms in the Rules, available at www.dtcc.com/∼/ 

media/Files/Downloads/legal/rules/nscc_rules.pdf. 

Section 19(b)(2) of the Act 8 provides 

that, after initiating proceedings, the 

Commission shall issue an order 

approving or disapproving the proposed 

rule change not later than 180 days after 

the date of publication of notice of filing 

of the proposed rule change. The 

Commission may extend the period for 

issuing an order approving or 

disapproving the proposed rule change, 

however, by not more than 60 days if 

the Commission determines that a 

longer period is appropriate and 

publishes the reasons for such 

determination. The proposed rule 

change was published for notice and 

comment in the Federal Register on 

June 26, 2023.9 December 23, 2023 is 

180 days from that date, and February 

21, 2024 is 240 days from that date. 

The Commission finds it appropriate 

to designate a longer period within 

which to issue an order approving or 

disapproving the proposed rule change 

so that it has sufficient time to consider 

the proposed rule change. Accordingly, 

the Commission, pursuant to section 

19(b)(2) of the Act,10 designates 

February 21, 2024 as the date by which 

the Commission shall either approve or 

disapprove the proposed rule change 

(File No. SR–MIAX–2023–23). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Christina Z. Milnor, 

Assistant Secretary. 

[FR Doc. 2023–28454 Filed 12–26–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99209; File No. SR– 

EMERALD–2023–13] 

Self-Regulatory Organizations; MIAX 

Emerald, 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, MIAX Emerald, LLC 

(‘‘MIAX Emerald’’ 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–EMERALD– 

2023–13) to increase fees for the MIAX 

Emerald Top of Market (‘‘ToM’’) market 

data product and establish fees for the 

MIAX Emerald 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

Section 19(b)(2) of the Act 8 provides 

that, after initiating proceedings, the 

Commission shall issue an order 

approving or disapproving the proposed 

rule change not later than 180 days after 

the date of publication of notice of filing 

of the proposed rule change. The 

Commission may extend the period for 

issuing an order approving or 

disapproving the proposed rule change, 

however, by not more than 60 days if 

the Commission determines that a 

longer period is appropriate and 

publishes the reasons for such 

determination. The proposed rule 

change was published for notice and 

comment in the Federal Register on 

June 26, 2023.9 December 23, 2023 is 

180 days from that date, and February 

21, 2024 is 240 days from that date. 

The Commission finds it appropriate 

to designate a longer period within 

which to issue an order approving or 

disapproving the proposed rule change 

so that it has sufficient time to consider 

the proposed rule change. Accordingly, 

the Commission, pursuant to Section 

19(b)(2) of the Act,10 designates 

February 21, 2024 as the date by which 

the Commission shall either approve or 

disapprove the proposed rule change 

(File No. SR–EMERALD–2023–13). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Christina Z. Milnor, 

Assistant Secretary. 

[FR Doc. 2023–28452 Filed 12–26–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99208; File No. SR–NSCC– 

2023–013] 

Self-Regulatory Organizations; 

National Securities Clearing 

Corporation; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Modify Addendum A 

(Fee Structure) 

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, National Securities Clearing 

Corporation (‘‘NSCC’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II and III 

below, which Items have been prepared 

by the clearing agency. NSCC filed the 

proposed rule change pursuant to 

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

19b–4(f)(2) thereunder.4 The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Clearing Agency’s Statement of the 

Terms of Substance of the Proposed 

Rule Change 

NSCC is filing the proposed rule 

change to modify Addendum A (Fee 

Structure) (‘‘Addendum A’’) of NSCC’s 

Rules & Procedures (‘‘Rules’’) to 

increase its Clearing Fund Maintenance 

Fee, as described below.5

II. Clearing Agency’s Statement of the 

Purpose of, and Statutory Basis for, the 

Proposed Rule Change 

In its filing with the Commission, the 

clearing agency included statements 

concerning the purpose of and basis for 

the proposed rule change and discussed 

any comments it received on the 


ddrumheller on DSK120RN23PROD with NOTICES1