1136 Federal Register / Vol. 89, No. 6 / Tuesday, January 9, 2024 / Notices 

3 15 U.S.C. 78f(b). 

4 15 U.S.C. 78f(b)(4) and (5). 5 15 U.S.C. 78s(b)(3)(A)(ii). 

6 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

represented slightly in excess of 0.50% 

[sic] of Consolidated Volume on each 

day of December 2023 other than 

December 13, but was prevented from 

reaching comparable levels on that date 

due to the RASH issue, it is possible 

that the rebate it would ultimately earn 

for the entire month would be lower 

than would otherwise have been the 

case. Similarly, a member may be 

entitled to receive an enhanced rebate 

under BX’s Qualified Market Maker 

Program or its Retail Price Improvement 

Program, based on its achievement of 

certain Consolidated Volume or ADV 

criteria specified in the rule. The ability 

of a member to achieve these criteria 

may have also been affected by the 

RASH issue. 

Accordingly, in order to ensure that 

fees and rebates are not adversely 

impacted by the RASH issue, BX 

proposes to exclude December 13, 2023 

from calculations of Consolidated 

Volume and ADV made under Equity 7, 

Section 118 if doing so would allow a 

member to achieve more favorable 

pricing than would be the case if the 

day were included. Thus, members that 

are unaffected by the RASH issue would 

not have the day arbitrarily excluded 

from their calculations. BX will perform 

all calculations needed to implement 

the change. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act,3 in general, and furthers the 

objectives of Sections 6(b)(4) and 6(b)(5) 

of the Act,4 in particular, in that it 

provides for the equitable allocation of 

reasonable dues, fees and other charges 

among members and issuers and other 

persons using any facility, and is not 

designed to permit unfair 

discrimination between customers, 

issuers, brokers, or dealers. 

BX believes that the proposed change 

is reasonable because it will allow 

members to receive December 2023 

pricing that is based on either the 

exclusion, or the inclusion, of December 

13, whichever is more favorable to the 

member. The proposed change is 

equitable and not unfairly 

discriminatory, because it will ensure 

that the fees and rebates applicable to 

members that were subject to the RASH 

issue are not adversely affected by the 

issue. 

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 not 

necessary or appropriate in furtherance 

of the purposes of the Act. The change 

will help to ensure that members that 

were affected by the RASH issue are not 

required to pay higher fees, or receive 

lower rebates, during December 2023 

than would otherwise be the case. 

Accordingly, BX believes that the 

proposed changes will protect members 

from incurring unanticipated charges. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act.5

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: (i) necessary or appropriate in 

the public interest; (ii) for the protection 

of investors; or (iii) 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– 

BX–2023–034 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–BX–2023–034. 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–BX–2023–034 and should be 

submitted on or before January 30, 2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–00176 Filed 1–8–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99268; File No. SR–Phlx– 

2023–58] 

Self-Regulatory Organizations; Nasdaq 

PHLX LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend the 

Exchange’s Schedule of Fees at Equity 

7, Section 3 

January 3, 2024. 

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 

21, 2023, Nasdaq PHLX LLC (‘‘PHLX’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 6 / Tuesday, January 9, 2024 / Notices 1137 

3 15 U.S.C. 78f(b). 

4 15 U.S.C. 78f(b)(4) and (5). 5 15 U.S.C. 78s(b)(3)(A)(ii). 

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 proposes to amend the 

Exchange’s schedule of fees at Equity 7, 

Section 3. 

The text of the proposed rule change 

is available on the Exchange’s website at 

https://listingcenter.nasdaq.com/ 

rulebook/phlx/rules, at the principal 

office of the Exchange, 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, 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 

On December 13, 2023, PHLX 

experienced a technical issue with its 

RASH order handling system. The issue 

involved a duplication of an internal 

order identification numbers, which 

impacted a subset of orders for some 

members, including unacknowledged 

orders, an inability to cancel open 

orders, intermittent port disconnects, 

missing execution reports, and 

mismatched execution reports. 

Because PHLX’s fee and rebate 

schedule in Equity 7, Section 3 provide 

that member organizations may achieve 

better pricing if they achieve certain 

specified volumes of activity during a 

given month (as measured by 

Consolidated Volume (defined below) 

and Average Daily Volume (‘‘ADV’’)), 

the RASH issue may have impacted the 

ability of affected member organizations 

to reach the required volumes. By way 

of illustration, a member with shares of 

liquidity provided in all securities 

through one of its market participant 

identifiers (‘‘MPIDs’’) that represent 

more than 0.15% of the total 

consolidated volume reported to all 

consolidated transaction reporting plans 

by all exchanges and trade reporting 

facilities in equity securities of at least 

one round lot (‘‘Consolidated Volume’’) 

during a month receives a rebate of 

$0.0033 per share executed with respect 

to liquidity that it provides during the 

month through displayed orders. By 

contrast, member organizations 

providing lower volumes of liquidity 

receive lower rebates ranging from 

$0.0032–$0.0020 per share executed. If 

a member organization had provided 

liquidity that represented slightly in 

excess of 0.15% of Consolidated 

Volume on each day of December 2023 

other than December 13, but was 

prevented from reaching comparable 

levels on that date due to the RASH 

issue, it is possible that the rebate it 

would ultimately earn for the entire 

month would be lower than would 

otherwise have been the case. 

Accordingly, in order to ensure that 

fees and rebates are not adversely 

impacted by the RASH issue, PHLX 

proposes to exclude December 13, 2023 

from calculations of Consolidated 

Volume and ADV made under Equity 7, 

Section 3 if doing so would allow a 

member organization to achieve more 

favorable pricing than would be the case 

if the day were included. Thus, member 

organizations that are unaffected by the 

RASH issue would not have the day 

arbitrarily excluded from their 

calculations. PHLX will perform all 

calculations needed to implement the 

change. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act,3 in general, and furthers the 

objectives of Sections 6(b)(4) and 6(b)(5) 

of the Act,4 in particular, in that it 

provides for the equitable allocation of 

reasonable dues, fees and other charges 

among member organizations and 

issuers and other persons using any 

facility, and is not designed to permit 

unfair discrimination between 

customers, issuers, brokers, or dealers. 

PHLX believes that the proposed 

change is reasonable because it will 

allow member organizations to receive 

December 2023 pricing that is based on 

either the exclusion, or the inclusion, of 

December 13, whichever is more 

favorable to the member organization. 

The proposed change is equitable and 

not unfairly discriminatory, because it 

will ensure that the fees and rebates 

applicable to member organizations that 

were subject to the RASH issue are not 

adversely affected by the issue. 

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 not 

necessary or appropriate in furtherance 

of the purposes of the Act. The change 

will help to ensure that member 

organizations that were affected by the 

RASH issue are not required to pay 

higher fees, or receive lower rebates, 

during December 2023 than would 

otherwise be the case. Accordingly, 

PHLX believes that the proposed 

changes will protect member 

organizations from incurring 

unanticipated charges. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act.5

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: (i) necessary or appropriate in 

the public interest; (ii) for the protection 

of investors; or (iii) 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– 

Phlx–2023–58 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 


khammond on DSKJM1Z7X2PROD with NOTICES
1138 Federal Register / Vol. 89, No. 6 / Tuesday, January 9, 2024 / Notices 

6 17 CFR 200.30–3(a)(12). 

Commission, 100 F Street NE, 

Washington, DC 20549–1090. 

All submissions should refer to file 

number SR–Phlx–2023–58. 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–Phlx–2023–58 and should be 

submitted on or before January 30, 2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–00177 Filed 1–8–24; 8:45 am] 

BILLING CODE 8011–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Publication of 2024 Tariff Rate Quota 

Quantity Limitations Under the U.S.- 

Australia Free Trade Agreement 

AGENCY: Office of the United States 

Trade Representative (USTR). 

ACTION: Notice. 

SUMMARY: In accordance with the U.S.- 

Australia Free Trade Agreement entered 

into by the United States and the 

Commonwealth of Australia, USTR is 

providing notice of tariff-rate quota 

quantity limitations of certain tariff 

subheadings for calendar year (CY) 

2024. 

DATES: The changes made by this notice 

are applicable as of January 1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Sarah E. Fasano, Office of Agricultural 

Affairs, at (202) 395–6127 or 

Sarah.E.Fasano@ustr.eop.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 201 of the United StatesAustralia Free Trade Agreement 

Implementation Act (Pub. L. 108–286; 

118 Stat. 919) (19 U.S.C. 3805 note), 

Presidential Proclamation No. 7857 of 

December 20, 2004, and subchapter 

XXII of chapter 98 of the Harmonized 

Tariff Schedule of the United States 

(HTSUS), the Annex to this notice 

provides the quantitative limitations in 

2024 of originating goods of Australia 

entering the United States under certain 

subheadings. 

Annex 

Effective with respect to originating 

goods of Australia, entered under the 

terms of general note 28 to the HTSUS 

and under subchapter XXII of chapter 

98, on or after January 1, 2024, and 

through the close of December 31, 2024: 

1. For purposes of U.S. note 8 to 

subchapter XXII of chapter 98 of the 

HTSUS, the aggregate quantity of 

originating goods of Australia entered 

under subheading 9822.04.01 shall not 

exceed 70,843 metric tons for CY2024. 

2. For purposes of U.S. note 9 to 

subchapter XXII of chapter 98 of the 

HTSUS, the aggregate quantity of 

originating goods of Australia entered 

under subheading 9822.04.05 shall not 

exceed 22,692,000 liters for CY2024. 

3. For purposes of U.S. note 10 to 

subchapter XXII of chapter 98 of the 

HTSUS, the aggregate quantity of 

originating goods of Australia entered 

under subheading 9822.04.10 shall not 

exceed 2,630 metric tons for CY2024. 

4. For purposes of U.S. note 11 to 

subchapter XXII of chapter 98 of the 

HTSUS, the aggregate quantity of 

originating goods of Australia entered 

under subheading 9822.04.15 shall not 

exceed 175 metric tons for CY2024. 

5. For purposes of U.S. note 12 to 

subchapter XXII of chapter 98 of the 

HTSUS, the aggregate quantity of 

originating goods of Australia entered 

under subheading 9822.04.20 shall not 

exceed 8,427 metric tons for CY2024. 

6. For purposes of U.S. note 13 to 

subchapter XXII of chapter 98 of the 

HTSUS, the aggregate quantity of 

originating goods of Australia entered 

under subheading 9822.04.25 shall not 

exceed 4,538 metric tons for CY2024. 

7. For purposes of U.S. note 14 to 

subchapter XXII of chapter 98 of the 

HTSUS, the aggregate quantity of 

originating goods of Australia entered 

under subheading 9822.04.30 shall not 

exceed 9,077 metric tons for CY2024. 

8. For purposes of U.S. note 15 to 

subchapter XXII of chapter 98 of the 

HTSUS, the aggregate quantity of 

originating goods of Australia entered 

under subheading 9822.04.35 shall not 

exceed 8,844 metric tons for CY2024. 

9. For purposes of U.S. note 16 to 

subchapter XXII of chapter 98 of the 

HTSUS, the aggregate quantity of 

originating goods of Australia entered 

under subheading 9822.04.40 shall not 

exceed 5,054 metric tons for CY2024. 

10. For purposes of U.S. note 17 to 

subchapter XXII of chapter 98 of the 

HTSUS, the aggregate quantity of 

originating goods of Australia entered 

under subheading 9822.04.45 shall not 

exceed 1,315 metric tons for CY2024. 

11. For purposes of U.S. note 18 to 

subchapter XXII of chapter 98 of the 

HTSUS, the aggregate quantity of 

originating goods of Australia entered 

under subheading 9822.04.50 shall not 

exceed 877 metric tons for CY2024. 

12. For purposes of U.S. note 19 to 

subchapter XXII of chapter 98 of the 

HTSUS, the aggregate quantity of 

originating goods of Australia entered 

under subheading 9822.04.65 shall not 

exceed 1,263 metric tons for CY2024. 

Douglas McKalip, 

Chief Agricultural Negotiator, Office of the 

United States Trade Representative. 

[FR Doc. 2024–00227 Filed 1–8–24; 8:45 am] 

BILLING CODE 3290–F4–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2023–2111; Summary 

Notice No. 2024–01] 

Petition for Exemption; Summary of 

Petition Received; Software 

Development Alternatives, Inc. 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of Federal 

Aviation Regulations. The purpose of 

this notice is to improve the public’s 

awareness of, and participation in, the 

FAA’s exemption process. Neither 

publication of this notice nor the 

inclusion or omission of information in 

the summary is intended to affect the 


khammond on DSKJM1Z7X2PROD with NOTICES