Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Notices 3473 

22 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4The Exchange previously filed to amend the Fee 

Schedule on December 27, 2023, for January 2, 2024 

effectiveness (SR–NYSEARCA–2023–86), and 

withdrew such filing on January 10, 2024. 

5 ‘‘Exchange Traded Products’’ is defined in 

footnote 3 of the current Schedule of Fees and 

Charges. 

6See Fee Schedule, ANNUAL FEE (PAYABLE 

JANUARY IN EACH CALENDAR YEAR), Section 

6.a. & Section 6.b. 

• Send an email to rule-comments@

sec.gov. Please include file number SR– 

CboeEDGA–2024–001 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–CboeEDGA–2024–001. 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–CboeEDGA–2024–001 and should 

be submitted on or before February 8, 

2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.22

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–00921 Filed 1–17–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99327; File No. SR– 

NYSEARCA–2024–03] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend Its Schedule of 

Fees and Charges 

January 11, 2024. 

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

Securities Exchange Act of 1934 

(‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on January 

10, 2024, NYSE Arca, Inc. (‘‘NYSE 

Arca’’ or the ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(the ‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the self-regulatory organization. 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 its 

Schedule of Fees and Charges (the ‘‘Fee 

Schedule’’) regarding annual fees 

applicable to Exchange Traded 

Products. The Exchange proposes to 

implement the fee changes effective 

January 10, 2024.4 The proposed rule 

change is available on the Exchange’s 

website at www.nyse.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 

self-regulatory organization 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 those 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 parts 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 proposes to amend the 

Fee Schedule regarding annual fees for 

Exchange Traded Products (‘‘ETPs’’).5

The proposed change responds to the 

current extremely competitive 

environment for ETP listings, in which 

issuers can readily favor competing 

venues or transfer their listings if they 

deem fee levels at a particular venue to 

be excessive or discount opportunities 

available at other venues to be more 

favorable. In response to the competitive 

environment for listings, the Exchange 

proposes to amend the Fee Schedule to 

(1) modify the annual fees for ETPs set 

forth in the tables in Sections 6.a. and 

6.b. of the Annual Fee section of the Fee 

Schedule; (2) provide for reduced 

annual fees for qualifying ETPs; and (3) 

provide for discounted annual fees for 

fund families with ETPs exclusively 

listed on the Exchange. 

The Exchange proposes to implement 

the fee changes effective January 2, 

2024. 

Proposed Rule Change 

Annual fees are assessed each January 

in the first full calendar year following 

the year of listing. Currently, the 

Exchange’s annual fees for ETPs are 

based on the number of shares 

outstanding per issue and then are 

further differentiated based on whether 

or not the ETP tracks an index, has a 

maturity date, or provides an expected 

return over a specific outcome period.6

The aggregate total shares outstanding is 

calculated based on the total shares 

outstanding as reported by the fund 

issuer or fund ‘‘family’’ in its most 

recent periodic filing with the 

Commission or other publicly available 

information. Annual fees apply 

regardless of whether any of these funds 

are listed elsewhere. 

Currently, Section 6.a. provides for 

annual fees as follows for ETPs 

(excluding Managed Fund Shares, 

Active Proxy Portfolio Shares, Managed 

Trust Securities, and Managed Portfolio 

Shares) and Exchange-Traded Fund 

Shares listed under Rule 5.2–E(j)(8) that 

track an index, have a maturity date, or 

provide an expected return over a 

specific outcome period: 


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3474 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Notices 

7See Fee Schedule, ANNUAL FEE (PAYABLE 

JANUARY IN EACH CALENDAR YEAR), Section 9. 

8The Product Family and High Volume Products 

discounts are described in Section 9, subparagraphs 

(ii) and (iii), respectively. 

9Currently, subparagraph (iv) of Section 9 sets 

forth various limitations on annual fee discounts. 

Item 1. under subparagraph (iv) currently provides 

that the Product Family and High Volume Products 

discounts may be combined. The Exchange 

proposes to describe the Exclusive Listing Discount 

in subparagraph (iv) of Section 9 and to renumber 

current subparagraph (iv) to be subparagraph (v). 

Item 1. under new subparagraph (v) of Section 9 

would provide for the combination of the Exclusive 

Listing Discount with the Product Family and High 

Volume Products discounts and specify that the 

discounts could not combine to provide more than 

a 35% discount on annual fees. 

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

11 15 U.S.C. 78f(b)(4) & (5). 

Number of shares outstanding 

(each issue) Annual fee 

Less than 25 million ........................ $7,500 

25 million up to 49,999,999 ............ 10,000 

50 million up to 99,999,999 ............ 15,000 

100 million up to 249,999,999 ........ 20,000 

250 million up to 499,999,999 ........ 25,000 

500 million and over ........................ 30,000 

Section 6.b. sets forth the following 

annual fees for Managed Fund Shares, 

Managed Trust Securities, Active Proxy 

Portfolio Shares, Managed Portfolio 

Shares, and Exchange-Traded Fund 

Shares listed under Rule 5.2–E(j)(8) that 

do not track an index: 

Number of shares outstanding 

(each issue) Annual fee 

Less than 25 million ........................ $10,000 

25 million up to 49,999,999 ............ 12,500 

50 million up to 99,999,999 ............ 20,000 

100 million up to 249,999,999 ........ 25,000 

250 million and over ........................ 30,000 

As noted above, the Exchange 

proposes to amend the annual fees 

reflected in Sections 6.a. and 6.b. As 

proposed, annual fees would continue 

to be based on the number of shares 

outstanding, but the Exchange proposes 

certain changes to both the number of 

shares outstanding corresponding to 

each level of annual fee and the annual 

fee amounts. The proposed change is 

intended to simplify the Fee Schedule 

by largely harmonizing the annual fees 

set forth in Sections 6.a. and 6.b. Except 

for ETPs with fewer than 25 million 

shares outstanding, the Exchange 

proposes that the annual fees for ETPs 

listed on the Exchange would be the 

same for ETPs that fall under either 

Section 6.a. or 6.b. 

The Exchange proposes to amend the 

fees set forth in Section 6.a. as follows: 

Number of shares outstanding 

(each issue) Annual fee 

Less than 25 million ........................ $8,500 

25 million up to 99,999,999 ............ 15,000 

100 million up to 199,999,999 ........ 25,000 

200 million up to 599,999,999 ........ 35,000 

600 million and over ........................ 30,000 

The Exchange similarly proposes to 

amend the fees set forth in Section 6.b. 

as below: 

Number of shares outstanding 

(each issue) Annual fee 

Less than 25 million ........................ $10,000 

25 million up to 99,999,999 ............ 15,000 

100 million up to 199,999,999 ........ 25,000 

200 million up to 599,999,999 ........ 35,000 

600 million and over ........................ 30,000 

The Exchange believes it is reasonable 

to continue to differentiate between 

ETPs in Sections 6.a. and 6.b. when an 

ETP has fewer than 25 million shares 

outstanding. The Exchange currently 

provides for lower fees for ETPs under 

Section 6.a., which are those that track 

an index, have a maturity date, or 

provide an expected return over a 

specific outcome period, given that such 

products generally require less 

Exchange resources associated with 

listing and trading such products (e.g., 

costs related to issuer services, listing 

administration, product development, 

and regulatory oversight). The Exchange 

believes it is reasonable to retain a 

comparatively lower listing fee for ETPs 

that track an index, have a maturity 

date, or provide an expected return over 

a specific outcome period when such 

products have fewer than 25 million 

shares outstanding, but to otherwise 

conform annual fees in Sections 6.a. and 

6.b. to streamline the Fee Schedule. 

The Exchange believes the proposed 

change would simplify and improve the 

clarity of the Fee Schedule by aligning 

the annual fees applicable to all ETPs, 

based on the number of outstanding 

shares. As currently, the Exchange 

proposes that annual fees would 

generally increase as the number of 

shares outstanding increases. However, 

the Exchange proposes that the annual 

fee for ETPs with 600 million or more 

shares outstanding would be $30,000 

(lower than the annual fee for ETPs with 

200 million to 599,999,999 shares 

outstanding), which the Exchange 

believes could further incentivize 

issuers to list multiple series of certain 

securities on the Exchange. Although 

the proposed change would, in some 

cases, increase the annual fee for certain 

ETPs based on the number of shares 

outstanding, the Exchange believes that 

the proposed fees would continue to 

encourage issuers to list ETPs on the 

Exchange and represents a reasonable 

effort by the Exchange to respond to the 

competitive environment for ETP 

listings, particularly in conjunction with 

the incentives proposed below that 

would offer issuers additional 

opportunities to qualify for lower 

annual fees. 

The Exchange proposes to offer two 

new alternative methods through which 

ETPs could qualify for reduced annual 

fees in new Section 6.c. 

First, proposed Section 6.c.i. would 

provide that ETPs with at least $50 

billion in assets under management, at 

the time the annual fee is billed, would 

be subject to an annual fee of $5,000 

(regardless of number of shares 

outstanding). 

Proposed Section 6.c.ii. would 

provide that ETPs could instead qualify 

for reduced annual fees (as set forth in 

the table below) by achieving certain 

primary listing market auction volume, 

measured by ADV. For purposes of 

qualifying for this incentive, ADV 

would be calculated based on combined 

volume executed in the Exchange’s 

opening and closing auctions in the 

preceding calendar year. 

Primary listing market ETF auction 

volume 

(ADV) 

Annual fee 

50,000 shares ................................. $10,000 

75,000 shares ................................. 7,500 

100,000 shares ............................... 6,500 

150,000 shares ............................... 6,000 

200,000 shares ............................... 5,000 

The Exchange also proposes to add an 

Exclusive Listing Discount to Section 9 

(Additional Annual Fee Discounts for 

Exchange Traded Products and 

Structured Products) of the Fee 

Schedule.7 The Exclusive Listing 

Discount would, as proposed, provide 

fund families with 50 or more ETPs 

exclusively listed on NYSE Arca with a 

12.5% discount off the annual fee 

applicable to each fund. The Exchange 

further proposes that the Exclusive 

Listing Discount could be combined 

with the Product Family and High 

Volume Products 8 discounts already 

offered in the Fee Schedule, but that the 

discounts together may not exceed a 

35% discount on annual fees.9

The Exchange believes these proposed 

discounts on annual fees could 

incentivize issuers to list or transfer to 

list ETPs on the Exchange, thereby 

promoting competition among 

exchanges that list ETPs, to the benefit 

of market participants, and, together 

with the proposed changes to annual 

fees described above, represent an effort 

by the Exchange to compete with other 

venues that list ETPs. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act,10 in general, and 

furthers the objectives of Sections 

6(b)(4) and (5) of the Act,11 in particular, 

because it provides for the equitable 


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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Notices 3475 

12See Regulation NMS, 70 FR at 37499. 13 15 U.S.C. 78f(b)(8). 

allocation of reasonable dues, fees, and 

other charges among its members, 

issuers and other persons using its 

facilities and does not unfairly 

discriminate between customers, 

issuers, brokers or dealers. 

The Proposed Change Is Reasonable 

As discussed above, the Exchange 

operates in a highly competitive market 

for the listing of ETPs. Specifically, ETP 

issuers can readily favor competing 

venues or transfer listings if they deem 

fee levels at a particular venue to be 

excessive, or discount opportunities 

available at other venues to be more 

favorable. The Commission has 

repeatedly expressed its preference for 

competition over regulatory 

intervention in determining prices, 

products, and services in the securities 

markets. Specifically, in Regulation 

NMS, the Commission highlighted the 

importance of market forces in 

determining prices and SRO revenues 

and, also, recognized that current 

regulation of the market system ‘‘has 

been remarkably successful in 

promoting market competition in its 

broader forms that are most important to 

investors and listed companies.’’ 12

The Exchange believes that the 

ongoing competition among the 

exchanges with respect to new listings 

and the transfer of existing listings 

among competitor exchanges 

demonstrates that issuers can choose 

different listing markets in response to 

fee changes. Accordingly, competitive 

forces constrain exchange listing fees. 

Stated otherwise, changes to exchange 

listing fees can have a direct effect on 

the ability of an exchange to compete for 

new listings and retain existing listings. 

The Exchange’s current annual fees 

for ETPs are based on the number of 

shares outstanding per issuer and 

provide incentives for issuers to list 

multiple series of certain securities on 

the Exchange. The Exchange believes 

the proposed changes to the annual fees 

set forth in Sections 6.a. and 6.b. are 

reasonable because they are intended to 

simplify the Fee Schedule by promoting 

consistency in the annual fees that 

would apply to all ETPs. The Exchange 

proposes that, as currently, annual fees 

would generally increase as the number 

of shares outstanding increases (which 

would continue to reduce the barriers to 

entry and incentivize enhanced 

competition among issuers of ETPs), but 

proposes to eliminate differences in 

annual fees based on whether or not the 

ETP tracks an index, has a maturity 

date, or provides an expected return 

over a specific outcome period, except 

in the case of issues with 25 million 

shares or fewer outstanding. The 

Exchange believes that retaining this 

differentiation is reasonable because it 

would continue to reflect that fewer 

Exchange resources may be needed to 

support the listing and administration of 

ETPs that track an index, have a 

maturity date, or provide an expected 

return over a specific outcome period as 

an initial matter, but that such 

difference is generally more significant 

when there are fewer shares 

outstanding. The Exchange further 

believes that the proposed changes to 

annual fees are reasonable taken 

together with the proposed incentives 

that would offer various methods for 

ETPs to qualify for lower annual fees by 

achieving qualifying levels of assets 

under management, achieving primary 

listing market auction volume, or 

exclusively listing on the Exchange. 

The Exchange believes that the 

proposal would continue to encourage 

issuers to list ETPs on the Exchange, 

even though it would, in some cases, 

increase the annual fee for certain ETPs 

and reflects a competitive pricing 

structure designed to incentivize issuers 

to list new products and transfer 

existing products to the Exchange, 

which the Exchange believes will 

enhance competition both among ETP 

issuers and listing venues, to the benefit 

of investors. The Exchange also believes 

the proposed changes are a reasonable 

effort by the Exchange to respond to the 

current competitive environment in 

which it operates. 

The Proposal Is an Equitable Allocation 

of Fees 

The Exchange believes the proposal 

equitably allocates its fees among its 

market participants. In the prevailing 

competitive environment, issuers can 

readily favor competing venues or 

transfer listings if they deem fee levels 

at a particular venue to be excessive, or 

discount opportunities available at other 

venues to be more favorable. The 

Exchange believes that the proposed 

change is equitable because the 

proposed annual fees would apply 

uniformly to all similarly situated 

issuers. The Exchange also believes that 

it is equitable to continue to provide for 

a slightly lower annual fee for ETPs that 

track an index, have a maturity date, or 

provide an expected return over a 

specific outcome period when such 

ETPs have a smaller number of shares 

outstanding, to reasonably reflect the 

difference in Exchange resources 

required to support the listing and 

administration of such ETPs in those 

circumstances. The proposal is also an 

equitable allocation of fees because all 

issuers would be eligible to qualify for 

reduced annual fees by meeting the 

same qualifying criteria. Moreover, the 

proposed fees would be equitably 

allocated among issuers because issuers 

would continue to qualify for an annual 

fee under criteria applied uniformly to 

all such issuers. For the same reasons, 

the proposal neither targets nor will it 

have a disparate impact on any 

particular category of market 

participant. 

The Proposal Is Not Unfairly 

Discriminatory 

The Exchange believes that the 

proposal is not unfairly discriminatory. 

In the prevailing competitive 

environment, issuers are free to list 

elsewhere if they believe that alternative 

venues offer them better value. The 

Exchange believes the proposed change 

is not unfairly discriminatory because it 

is intended to provide for simplified 

annual fees that would generally apply 

equally to all ETPs listed on the 

Exchange, based on the number of 

shares outstanding. The Exchange 

believes that it is not unfairly 

discriminatory to maintain certain 

differentiation in annual fees for ETPs 

that track an index, have a maturity 

date, or provide an expected return over 

a specific outcome period as an initial 

matter and those that do not, to reflect 

the difference in Exchange resources 

required to support the listing and 

administration of such ETPs. The 

proposed methods through which issuer 

could qualify for reduced annual fees 

are also not unfairly discriminatory, as 

all issuers would be eligible to qualify 

for reduced annual fees based on the 

same criteria. 

Finally, the Exchange believes that it 

is subject to significant competitive 

forces, as described below in the 

Exchange’s statement regarding the 

burden on competition. 

For the foregoing reasons, the 

Exchange believes that the proposal is 

consistent with the Act. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

In accordance with Section 6(b)(8) of 

the Act,13 the Exchange believes that the 

proposed rule change would not impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. Instead, as 

discussed above, the Exchange believes 

that the proposed change would 

encourage competition by generally 

harmonizing the annual fees for all ETPs 

listed on the Exchange, thereby 

incentivizing issuers to list such 


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

15 17 CFR 240.19b–4(f)(2). 

16 15 U.S.C. 78s(b)(2)(B). 

17 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

products on the Exchange and 

enhancing competition among issuers 

and listing venues, to the benefit of 

investors. The Exchange believes that 

the proposed opportunities to qualify 

for lower annual fees could incentivize 

enhanced competition among issuers of 

ETPs and could encourage issuers to list 

additional products on the Exchange. 

The proposed rule changes reflect a 

competitive pricing structure designed 

to incentivize issuers to list and transfer 

new products on the Exchange, which 

the Exchange believes will enhance 

competition both among ETP issuers 

and listing venues, to the benefit of 

investors. As noted, the market for 

listing services is extremely 

competitive. Issuers have the option to 

list their securities on these alternative 

venues based on the fees charged and 

the value provided by each listing 

exchange. Because issuers have a choice 

to list their securities on a different 

national securities exchange, the 

Exchange does not believe that the 

proposed change imposes a burden on 

competition. 

Intramarket Competition. The 

proposed change is a competitive 

pricing structure designed to encourage 

issuers to list and transfer ETPs to list 

on the Exchange. The Exchange believes 

the proposal would enhance 

competition among ETP issuers, to the 

benefit of investors. The Exchange does 

not believe the proposed change would 

burden intramarket competition, as it 

seeks to harmonize the fees for all ETPs 

listed on the Exchange and offer the 

same opportunities to qualify for 

reduced annual fees to all issuers. 

Accordingly, the Exchange believes that 

the proposed change would apply to 

and potentially benefit all issuers 

equally and thus would not impose a 

disparate burden on competition among 

market participants on the Exchange. 

Intermarket Competition. The 

Exchange operates in a highly 

competitive listings market in which 

issuers can readily choose alternative 

listing venues. In such an environment, 

the Exchange must adjust its fees and 

discounts to remain competitive with 

other exchanges competing for the same 

listings. The Exchange believes that the 

proposed rule change could enhance 

competition among ETP listing venues 

by simplifying the annual fees for listing 

ETPs on the Exchange and offering 

issuers new opportunities to qualify for 

reduced annual fees. The Exchange 

believes that the proposal is a 

competitive proposal designed to 

enhance pricing competition among 

listing venues. Because competitors are 

free to modify their own fees and 

discounts in response, and because 

issuers may readily adjust their listing 

decisions and practices, the Exchange 

does not believe its proposed change 

would impose any burden on 

intermarket competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change is effective 

upon filing pursuant to Section 

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

subparagraph (f)(2) of Rule 19b–4 15

thereunder, because it establishes a due, 

fee, or other charge imposed by the 

Exchange. 

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) 16 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– 

NYSEARCA–2024–03 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–NYSEARCA–2024–03. 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–NYSEARCA–2024–03 and should be 

submitted on or before February 8, 2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–00849 Filed 1–17–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99343; File No. SR– 

CboeEDGX–2024–004] 

Self-Regulatory Organizations; Cboe 

EDGX Exchange, Inc.; Notice of Filing 

and Immediate Effectiveness of a 

Proposed Rule Change To Amend Its 

Fee Schedule To Modify Historical 

Depth Data Fees 

January 12, 2024. 

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

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b thereunder,2

notice is hereby given that on January 2, 

2024, Cboe EDGX Exchange, Inc. (the 


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