1604 Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Notices 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4 15 U.S.C. 78s(b)(1). 

5 17 CFR 240.19b–4. 

6 15 U.S.C. 78s(b)(3)(A). 

7 17 CFR 240.19b–4. 

8See Securities Exchange Act Release No. 90610, 

86 FR 18596 (April 9, 2021) (S7–03–20). 

9 IEX Rule 11.210(a)(2), which reads in relevant 

part ‘‘the security is an NMS stock pursuant to 

Commission Rule 600(b)(46)’’ contains a 

typographical error; the rule should have referred 

to Rule 600(b)(47), not 600(b)(46). This proposed 

rule change corrects this typographical error. 

10See Securities Exchange Act Release No. 96611 

(January 9, 2023), 88 FR 2379, 2380 (January 13, 

2023) (SR–IEX–2022–10). 

11 15 U.S.C. 78f. 

12 15 U.S.C. 78f(b)(1). 

13See IEX Rule 1.160(s). 

Registration: Due to space limitations, 

pre-registration for workshops is 

required. Workshop registration is on a 

first-come, first-served basis. 

Registration information will be 

available at https://www.nano.gov/getinvolved/research-community/meetingsand-events. Registration for the 

webinars will open approximately two 

weeks prior to each webinar and will be 

capped at 500 participants or as space 

limitations dictate. Individuals planning 

to attend a webinar can find registration 

information at https://www.nano.gov/

PublicWebinars. Written notices of 

participation in workshops, webinars, 

networks, or communities of research 

should be sent by email to info@

nnco.nano.gov. 

Meeting Accommodations: 

Individuals requiring special 

accommodation to access any of these 

public events should contact info@

nnco.nano.gov at least 10 business days 

prior to the event, so that appropriate 

arrangements can be made. 

Dated: January 4, 2024. 

Stacy Murphy, 

Deputy Chief Operations Officer/Security 

Officer. 

[FR Doc. 2024–00298 Filed 1–9–24; 8:45 am] 

BILLING CODE P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99274; File No. SR–IEX– 

2023–14] 

Self-Regulatory Organizations; 

Investors Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Correct Six 

Typographical Citation and CrossReference Errors in the IEX Rule Book 

January 4, 2024. 

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 December 

22, 2023, Investors Exchange LLC 

(‘‘IEX’’ 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 

Pursuant to the provisions of Section 

19(b)(1) under the Act,4 and Rule 19b– 

4 thereunder,5 IEX is filing with the 

Commission a proposed rule change to 

correct six typographical citation and 

cross-reference errors in the IEX Rule 

Book. The Exchange has designated this 

rule change as ‘‘non-controversial’’ 

under Section 19(b)(3)(A) of the Act 6

and provided the Commission with the 

notice required by Rule 19b–4(f)(6) 

thereunder.7

The text of the proposed rule change 

is available at the Exchange’s website at 

www.iextrading.com, 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 

The Exchange makes this filing to 

correct six typographical citation and 

cross-reference errors in the IEX Rule 

Book. Specifically, the Exchange 

proposes to update external citations to 

subsections of Rule 600(b) of Regulation 

NMS under the Act in IEX Rules 

10.160(f), 11.210(a)(2), 11.230(b), 

11.610(y), and 11.610(qq) (‘‘Regulation 

NMS citations’’); the Exchange also 

proposes to update an internal crossreference error attributable to a recent 

rule change. 

With respect to the Regulation NMS 

citations, IEX notes that in 2021, the 

Commission amended Regulation NMS 

in connection with the adoption of the 

Market Data Infrastructure Rules.8 As 

part of that initiative, the Commission 

adopted new definitions in Rule 600(b) 

of Regulation NMS and renumbered the 

remaining definitions. The Exchange 

accordingly proposes to update the 

relevant citations to Regulation NMS in 

the IEX Rule Book as follows: 

• The citation to the Regulation NMS 

definition of Intermarket Sweep Order 

in IEX Rule 10.160(f) would be changed 

from Rule 600(b)(30) to Rule 600(b)(38); 

• The citation to the Regulation NMS 

definition of NMS Stock in IEX Rule 

11.210(a)(2) would be changed from 

Rule 600(b)(46) 9 to Rule 600(b)(55); 

• The citation to the Regulation NMS 

definition of Protected Quotation in IEX 

Rule 11.230(b) would be changed from 

Rule 600(b)(58) to Rule 600(b)(71); 

• The citation to the Regulation NMS 

definition of Listed Option in IEX Rule 

11.610(y) would be changed from Rule 

600(b)(35) to Rule 600(b)(43); 

• The citation to the Regulation NMS 

definition of NMS Stock in IEX Rule 

11.610(y) would be changed from Rule 

600(b)(47) to Rule 600(b)(55); 

With respect to the internal crossreference, IEX Rule 11.190(b)(2)(G) 

cross-references IEX Rule 

11.190(b)(7)(E)(v), when it should crossreference IEX Rule 11.190(b)(7)(F)(v). 

This cross-reference error stems from a 

recent rule filing that renumbered IEX 

Rule 11.190(b)(7) without updating the 

cross-reference contained in IEX Rule 

11.190(b)(2)(G).10 IEX therefore 

proposes to amend IEX Rule 

11.190(b)(2)(G) to cross-reference IEX 

Rule 11.190(b)(7)(F)(v) instead of 

11.190(b)(7)(E)(v). 

IEX notes that both the proposed 

changes to the Regulation NMS citations 

and the internal cross-reference do not 

substantively modify system 

functionality or processes on the 

Exchange, but solely correct outdated 

cross-references. 

2. Statutory Basis 

IEX believes that the proposed rule 

change is consistent with the provisions 

of Section 6(b) 11 of the Act in general, 

and furthers the objectives of Section 

6(b)(1) of the Act 12 in particular, in that 

it is designed to enforce compliance by 

the Exchange’s Members 13 and persons 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Notices 1605 

14 15 U.S.C. 78s(b)(3)(A). 

15 17 CFR 240.19b–4(f)(6). 

16 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 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. 

17 17 CFR 240.19b–4(f)(6). 

18 17 CFR 240.19b–4(f)(6). 

19 17 CFR 240.19b–4(f)(6). 

20 17 CFR 240.19b–4(f)(6)(iii). 

21 15 U.S.C. 78s(b)(2)(B). 

associated with its Members, with the 

provisions of the rules of the Exchange. 

The Exchange believes that the 

proposed changes to the Regulation 

NMS citations would remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system because 

the proposed changes are designed to 

update external and internal rule 

references. The Exchange believes that 

Members would benefit from the 

increased clarity, thereby reducing 

potential confusion and ensuring that 

persons subject to the Exchange’s 

jurisdiction, regulators, and the 

investing public can more easily 

navigate and understand the Exchange’s 

rules. 

The Exchange also believes that the 

proposed rule change is consistent with 

the public interest and the protection of 

investors because it will provide 

increased clarity in the Exchange’s 

rules, thereby reducing potential 

confusion, as described above. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

IEX does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. As described 

in the Purpose and Statutory Basis 

sections, this rule filing merely proposes 

to correct five external citations and one 

internal cross-reference. The proposed 

rule change is not intended to address 

competitive issues but rather would 

modify Exchange rules to update 

citations to Regulation NMS and an 

internal cross-reference. Since the 

proposal does not substantively modify 

system functionality or processes on the 

Exchange, the proposed changes will 

not impose any burden on competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The Exchange has designated this rule 

filing as non-controversial under 

Section 19(b)(3)(A) 14 of the Act and 

Rule 19b–4(f)(6) 15 thereunder. Because 

the 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 from the date on which it 

was filed, or such shorter time as the 

Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act and Rule 19b– 

4(f)(6) thereunder.16

The Exchange believes that the 

proposed rule change meets the criteria 

of subparagraph (f)(6) of Rule 19b–4 17

because it would not significantly affect 

the protection of investors or the public 

interest, nor does it impose any burden 

on competition because it merely 

corrects six typographical errors in 

existing rule provisions without 

substantively changing such provisions. 

This rule filing does not substantively 

modify system functionality or 

processes on the Exchange. 

Accordingly, the Exchange believes that 

the proposed rule change is 

noncontroversial and satisfies the 

requirements of Rule 19b–4(f)(6).18

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, because this rule filing 

merely corrects typographical errors for 

which the rest of the rule is otherwise 

clear. Therefore, IEX believes there is no 

need to delay implementation of this 

rule change, so that the Exchange may 

promptly correct these typographical 

errors and avoid any potential confusion 

during such time period on the part of 

market participants. 

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 

under Section 19(b)(2)(B) 21 of the Act to 

determine whether the proposed rule 

change 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– 

IEX–2023–14 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–IEX–2023–14. 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–IEX–2023–14 and should be 

submitted on or before January 30, 2024. 


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1606 Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Notices 

22 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3Types of market participants that obtain 

connectivity services from the Exchange but are not 

Members include service bureaus and extranets. 

Service bureaus offer technology-based services to 

other companies for a fee, including order entry 

services to Members, and thus, may access 

application sessions on behalf of one or more 

Members. Extranets offer physical connectivity 

services to Members and non-Members. 

4MEMX Options launched on September 27, 

2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.22

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–00285 Filed 1–9–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99275; File No. SR–MEMX– 

2023–39] 

Self-Regulatory Organizations; MEMX 

LLC; Notice of Filing and Immediate 

Effectiveness of a Proposed Rule 

Change To Amend the Exchange’s Fee 

Schedule To Adopt Connectivity and 

Application Session Fees for MEMX 

Options 

January 4, 2024. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on December 

21, 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 a proposal to 

amend the Fee Schedule to: (i) apply the 

Exchange’s current Connectivity and 

Application Session fees to MEMX 

Options Users, (ii) implement a waiver 

of Connectivity and Application Session 

fees solely related to participation on 

MEMX Options until February 1, 2024, 

and (iii) make an organizational change 

to its existing fee schedule for the 

Exchange’s pre-existing equities market 

(‘‘MEMX Equities’’), in order to create a 

separate fee schedule for Connectivity 

Fees (for both MEMX Equities and 

MEMX Options). 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 

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 

Background 

The Exchange is filing a proposal to 

amend the Fee Schedule to: (i) apply the 

Exchange’s current Connectivity and 

Application Session fees to MEMX 

Options Users, (ii) implement a waiver 

of Connectivity and Application Session 

fees solely related to participation on 

MEMX Options until February 1, 2024, 

and (iii) make an organizational change 

to its existing fee schedule for the 

Exchange’s pre-existing equities market 

(‘‘MEMX Equities’’), in order to create a 

separate fee schedule for Connectivity 

Fees (for both MEMX Equities and 

MEMX Options). The Exchange believes 

that these changes will provide greater 

transparency to Members about how the 

Exchange assesses fees, as well as 

allowing Members to more easily 

validate their bills on a monthly basis. 

The Exchange notes that none of these 

changes amend any existing fee 

applicable to MEMX Equities. The 

Exchange is proposing to implement the 

proposal immediately. The Exchange 

previously filed the proposal on October 

24, 2023 (SR–MEMX–2023–29) (the 

‘‘Initial Proposal’’). The Exchange has 

withdrawn the Initial Proposal and 

replaced the proposal with the current 

filing (SR–MEMX–2023–39). 

As set forth below, the Exchange 

believes that its proposal provides a 

great deal of transparency regarding the 

cost of providing connectivity services 

and anticipated revenue and that the 

proposal is consistent with the Act and 

associated guidance. The Exchange is 

re-filing this proposal promptly 

following the withdrawal of the Initial 

Proposal in order to provide additional 

details not contained in the Initial 

Proposal and modify the original 

proposed Options Connectivity and 

Application Session fee waiver end date 

from January 1, 2024, to February 1, 

2024. 

(i) Fees for Connectivity to MEMX 

Options 

As noted above, the Exchange is 

proposing to apply the current fees it 

charges to Members and non-Members 3

for physical connectivity to the 

Exchange and for application sessions 

(otherwise known as ‘‘logical ports’’) 

that a Member utilizes in connection 

with their participation on the Exchange 

(together with physical connectivity, 

collectively referred to in this proposal 

as ‘‘connectivity services’’, as described 

in greater detail below) to both Users of 

MEMX Equities and MEMX Options.4

Specifically, the Exchange will continue 

to charge $6,000 per month for a 

physical connection in the data center 

where the Exchange primarily operates 

under normal market conditions 

(‘‘Primary Data Center’’), and $3,000 per 

month for a physical connection at the 

geographically diverse data center, 

which is operated for backup and 

disaster recovery purposes (‘‘Secondary 

Data Center’’). These physical 

connections can be used to access both 

platforms, accordingly, a firm that is a 

Member of both MEMX Equities and 

MEMX Options may use a single 

physical connection to access its 

application sessions at both MEMX 

Equities and MEMX Options. This 

differs from application sessions in that 

a firm that is a Member of both MEMX 

Equities and MEMX Options would 

need to purchase separate application 

sessions for each trading platform in 

order to access each such trading 

platform. These application session fees 

will continue to be $450 per month for 

an application session used for order 

entry (‘‘Order Entry Port’’) and $450 per 

month for an application session for 

receipt of drop copies (‘‘Drop Copy 

Port’’), to the extent such ports are in 

the Primary Data Center. As is true 

today for MEMX Equities, the Exchange 

will not charge for Order Entry Ports or 

Drop Copy Ports in the Secondary Data 

Center. The Exchange’s proposal to 

apply the same fees to Equities and 

Options stems from the same cost 

analysis it conducted in adopting those 


lotter on DSK11XQN23PROD with NOTICES1