5970 Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Notices 

99 17 CFR 200.30–3(a)(91). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 99081 

(Dec. 5, 2023), 88 FR 85945. 

4 15 U.S.C. 78s(b)(2). 

5 15 U.S.C. 78s(b)(2). 

Common Member default, and therefore, 

potentially increase the promotion of 

market stability. Regarding the Phase 2 

changes, OCC believes that the 

continued ability in a T+1 environment 

to make a Guaranty Substitution 

Payment to NSCC would allow OCC to 

better manage liquidity and credit risks 

related to the settlement link with NSCC 

by ensuring that the relevant securities 

settlement obligations would be 

accepted by NSCC for clearance and 

settlement. 

III. Date of Effectiveness of the Advance 

Notice and Timing for Commission 

Action 

The proposed change may be 

implemented if the Commission does 

not object to the proposed change 

within 60 days of the later of (i) the date 

that the proposed change was filed with 

the Commission or (ii) the date that any 

additional information requested by the 

Commission is received. The clearing 

agency shall not implement the 

proposed change if the Commission has 

any objection to the proposed change. 

The Commission may extend the 

period for review by an additional 60 

days if the proposed change raises novel 

or complex issues, subject to the 

Commission or the Board of Governors 

of the Federal Reserve System providing 

the clearing agency with prompt written 

notice of the extension. A proposed 

change may be implemented in less 

than 60 days from the date the advance 

notice is filed, or the date further 

information requested by the 

Commission is received, if the 

Commission notifies the clearing agency 

in writing that it does not object to the 

proposed change and authorizes the 

clearing agency to implement the 

proposed change on an earlier date, 

subject to any conditions imposed by 

the Commission. The clearing agency 

shall post notice on its website of 

proposed changes that are implemented. 

The proposal shall not take effect 

until all regulatory actions required 

with respect to the proposal are 

completed. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the advance notice is 

consistent with the Clearing 

Supervision Act. Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include file number SR– 

OCC–2023–801 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549. 

All submissions should refer to file 

number SR–OCC–2023–801. 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 (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the advance notice that 

are filed with the Commission, and all 

written communications relating to the 

advance notice 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 

self-regulatory organization. 

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–OCC–2023–801 and 

should be submitted on or before 

February 14, 2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.99

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–01748 Filed 1–29–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99419; File No. SR– 

NASDAQ–2023–045] 

Self-Regulatory Organizations; The 

Nasdaq Stock Market LLC; Notice of 

Designation of a Longer Period for 

Commission Action on a Proposed 

Rule Change To List and Trade Shares 

of the iShares Ethereum Trust Under 

Nasdaq Rule 5711(d), CommodityBased Trust Shares 

January 24, 2024. 

On November 21, 2023, The Nasdaq 

Stock Market LLC (‘‘Nasdaq’’ or 

‘‘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 to 

list and trade shares of the iShares 

Ethereum Trust under Nasdaq Rule 

5711(d), Commodity-Based Trust 

Shares. The proposed rule change was 

published for comment in the Federal 

Register on December 11, 2023.3 The 

Commission has received no comments 

on the proposal. 

Section 19(b)(2) of the Act 4 provides 

that within 45 days of the publication of 

notice of the filing of a proposed rule 

change, or within such longer period up 

to 90 days as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or as to which the 

self-regulatory organization consents, 

the Commission shall either approve the 

proposed rule change, disapprove the 

proposed rule change, or institute 

proceedings to determine whether the 

proposed rule change should be 

disapproved. The 45th day after 

publication of the notice for this 

proposed rule change is January 25, 

2024. The Commission is extending this 

45-day time period. 

The Commission finds it appropriate 

to designate a longer period within 

which to take action on the proposed 

rule change so that it has sufficient time 

to consider the proposed rule change 

and the issues raised therein. 

Accordingly, the Commission, pursuant 

to Section 19(b)(2) of the Act,5

designates March 10, 2024, as the date 

by which the Commission shall either 

approve or disapprove, or institute 

proceedings to determine whether to 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Notices 5971 

6 17 CFR 200.30–3(a)(31). 

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

2 17 CFR 240.19b–4. 

3The Exchange initially filed the proposed 

pricing change on January 2, 2024 (SR–ISE–2024– 

01). On January 12, 2024, the Exchange withdrew 

that filing and submitted this filing. 

4The PIM is a process by which an Electronic 

Access Member can provide price improvement 

opportunities for a transaction wherein the 

Electronic Access Member seeks to facilitate an 

order it represents as agent, and/or a transaction 

wherein the Electronic Access Member solicited 

interest to execute against an order it represents as 

agent. See Options 3, Section 13. 

5 ‘‘Non-Priority Customers’’ include Market 

Makers, Non-Nasdaq ISE Market Makers (FarMMs), 

Firm Proprietary/Broker-Dealers, and Professional 

Customers. See Options 7, Section 1(c). 

6The term ‘‘Market Makers’’ refers to 

‘‘Competitive Market Makers’’ and ‘‘Primary Market 

Makers’’ collectively. See Options 1, Section 

1(a)(21). 

7A ‘‘Firm Proprietary’’ order is an order 

submitted by a member for its own proprietary 

account. See Options 7, Section 1(c). 

8A ‘‘Broker-Dealer’’ order is an order submitted 

by a member for a broker-dealer account that is not 

its own proprietary account. See Options 7, Section 

1(c). 

9A ‘‘Professional Customer’’ is a person or entity 

that is not a broker/dealer and is not a Priority 

Customer. See Options 7, Section 1(c). 

10 ‘‘Select Symbols’’ are options overlying all 

symbols listed on the Nasdaq ISE that are in the 

Penny Interval Program. See Options 7, Section 

1(c). 

11 ‘‘Non-Select Symbols’’ are options overlying all 

symbols excluding Select Symbols. See Options 7, 

Section 1(c). 

12A ‘‘Priority Customer’’ is a person or entity that 

is not a broker/dealer in securities, and does not 

place more than 390 orders in listed options per day 

on average during a calendar month for its own 

beneficial account(s), as defined in Nasdaq ISE 

Options 1, Section 1(a)(37). Unless otherwise noted, 

when used in this Pricing Schedule the term 

‘‘Priority Customer’’ includes ‘‘Retail’’ as defined 

below. See Options 7, Section 1(c). 

13See note 11 of Options 7, Section 4. 

disapprove, the proposed rule change 

(File No. SR–NASDAQ–2023–045). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–01749 Filed 1–29–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meetings 

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: Publishing in the FR of 

1/29/24. 

PREVIOUSLY ANNOUNCED TIME AND DATE OF

THE MEETING: Wednesday, January 31, 

2024, at 10:00 a.m. 

CHANGES IN THE MEETING: The Open 

Meeting scheduled for Wednesday, 

January 31, 2024, at 10:00 a.m., has been 

changed to Wednesday, January 31, 

2024, at 9:00 a.m. 

CONTACT PERSON FOR MORE INFORMATION: 

For further information; please contact 

Vanessa A. Countryman from the Office 

of the Secretary at (202) 551–5400. 

Authority: 5 U.S.C. 552b. 

Dated: January 25, 2024. 

J. Matthew DeLesDernier, 

Deputy Secretary. 

[FR Doc. 2024–01865 Filed 1–26–24; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99424; File No. SR–ISE– 

2024–04] 

Self-Regulatory Organizations; Nasdaq 

ISE, LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend Options 7, 

Section 4 

January 24, 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 January 

12, 2024, Nasdaq ISE, LLC (‘‘ISE’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission (‘‘SEC’’ or 

‘‘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 proposes to amend the 

Exchange’s Pricing Schedule at Options 

7.3

The text of the proposed rule change 

is available on the Exchange’s website at 

https://listingcenter.nasdaq.com/ 

rulebook/ise/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 

The purpose of the proposed rule 

change is to amend the Exchange’s 

Pricing Schedule at Options 7, Section 

4, Complex Order Fees and Rebates, to 

amend note 9 related to the Complex 

Order Fee for PIM Orders.4

Today, the Exchange assesses a $0.10 

per contract Complex Order Fee for PIM 

Orders to all Non-Priority Customer 5

market participants (Market Makers,6

Firm Proprietary 7/Broker Dealers,8 and 

Professional Customers,9) in Select 10

and Non-Select 11 Symbols. Today, 

Priority Customers 12 are not assessed 

Complex Order Fee for PIM Orders in 

Select and Non-Select Symbols. Today, 

note 9 to Options 7, Section 4, reduces 

the $0.10 per contract fee to $0.05 per 

contract for all Non-Priority Customer 

orders provided Members execute an 

average daily volume (‘‘ADV’’) of 7,500 

or more contracts in the PIM in a given 

month. Further, the $0.10 per contract 

Complex Order Fee for PIM Orders is 

reduced to $0.00 per contract for all 

Member orders provided the Members 

execute an ADV of 12,500 or more 

contracts in the Complex PIM. The 

Exchange applies the discounted fees 

retroactively to all eligible Complex PIM 

volume in that month once the 

threshold has been reached. 

Additionally, Complex Order Fees for 

PIM Orders (including Complex PIM 

Orders) apply to the originating and 

contra order.13

Proposal 

At this time, the Exchange proposes to 

amend note 9 of Options 7, Section 4 to 

revise the second sentence to instead 

provide that ‘‘Other than for Priority 

Customer orders, Members that execute 

an ADV of 12,500 or more contracts in 

a given month in the Complex PIM will 

be charged a $0.02 per contract fee.’’ 

The Exchange will continue to reduce 

the Complex Order Fees for PIM Orders 

from $0.10 to $0.05 per contract for all 

Non-Priority Customers that execute an 

ADV of 7,500 or more contracts in the 

Complex PIM in a given month. At this 

time, the Exchange would decrease the 

reduction for Complex Order Fees for 

Complex PIM Orders for Non-Priority 


khammond on DSKJM1Z7X2PROD with NOTICES