Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Notices 11323 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Securities Exchange Act Release No. 95020 

(June 1, 2022), 87 FR 35034, (June 8, 2022) (SR– 

NYSECHX–2022–10) (Notice of Filing and 

Immediate Effectiveness of Proposed Rule Change 

to Adopt Investigation, Disciplinary, Sanction, and 

Other Procedural Rules Modeled on the Rules of the 

Exchange’s Affiliates). 

information. Under the Rule, an 

application to suspend or terminate 

unlisted trading privileges must 

provide, among other things, the name 

of the applicant, a brief statement of the 

applicant’s interest in the question of 

termination or suspension of such 

unlisted trading privileges, the title of 

the security, the name of the issuer, 

certain information regarding the size of 

the class of security, the public trading 

volume and price history in the security 

for specified time periods on the subject 

exchange, and a statement indicating 

that the applicant has provided a copy 

of such application to the exchange 

from which the suspension or 

termination of unlisted trading 

privileges are sought and to any other 

exchange on which the security is listed 

or admitted to unlisted trading 

privileges. 

The information required to be 

included in applications submitted 

pursuant to Rule 12f–3 is intended to 

provide the Commission with sufficient 

information to make the necessary 

findings under the Act to terminate or 

suspend by order the unlisted trading 

privileges granted a security on a 

national securities exchange. Without 

the Rule, the Commission would be 

unable to fulfill these statutory 

responsibilities. 

The burden of complying with Rule 

12f–3 arises when a potential 

respondent, having a demonstrable bona 

fide interest in the question of 

termination or suspension of the 

unlisted trading privileges of a security, 

determines to seek such termination or 

suspension. The staff estimates that 

each such application to terminate or 

suspend unlisted trading privileges 

requires approximately one hour to 

complete. Thus each potential 

respondent would incur on average one 

burden hour in complying with the 

Rule. 

The Commission staff estimates that 

there could be as many as 24 responses 

annually for an aggregate burden for all 

respondents of 24 hours. Each 

respondent’s related internal cost of 

compliance for Rule 12f–3 would be 

$242, or the cost of one hour of 

professional work of a paralegal needed 

to complete the application. The total 

annual internal cost of compliance for 

all potential respondents, therefore, is 

$5,808 (24 responses × $242/response). 

Compliance with the application 

requirements of Rule 12f–3 is 

mandatory, though the filing of such 

applications is undertaken voluntarily. 

Rule 12f–3 does not have a record 

retention requirement per se. However, 

responses made pursuant to Rule 12f–3 

are subject to the recordkeeping 

requirements of Rules 17a–3 and 17a–4 

of the Act. Information received in 

response to Rule 12f–3 shall not be kept 

confidential; the information collected 

is public information. 

Written comments are invited on: (a) 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

estimates of the burden of the proposed 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information on respondents; and 

(d) ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted by 

April 15, 2024. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

under the PRA unless it displays a 

currently valid OMB control number. 

Please direct your written comments 

to: David Bottom, Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o John 

Pezzullo, 100 F Street, NE, Washington 

DC, 20549 or send an email to: PRA_

Mailbox@sec.gov. 

Dated: February 8, 2024. 

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–02977 Filed 2–13–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99495; File No. SR– 

NYSECHX–2024–04] 

Self-Regulatory Organizations; NYSE 

Chicago, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Harmonize Rules 

10.9261 and 10.9830 

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 

31, 2024, the NYSE Chicago, Inc. 

(‘‘NYSE Chicago’’ 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 selfregulatory 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 harmonize 

Rules 10.9261 and 10.9830 to permit 

video conference hearings under 

specified conditions in conformity with 

recent changes by the Financial Industry 

Regulatory Authority, Inc. (‘‘FINRA’’). 

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 harmonize 

Rules 10.9261 (Evidence and Procedure 

in Hearing) and 10.9830 (Hearing) to 

permit video conference hearings under 

specified conditions in conformity with 

recent changes by FINRA. 

Background 

In 2022, NYSE Chicago adopted 

disciplinary rules that are, with certain 

exceptions, substantially the same as the 

disciplinary rules of its affiliate NYSE 

Arca, Inc., which are in turn 

substantially similar to the FINRA Rule 

8000 Series and Rule 9000 Series, and 

which set forth rules for conducting 

investigations and enforcement actions.4

In adopting disciplinary rules 

modeled on FINRA’s rules, the 

Exchange adopted the hearing and 


ddrumheller on DSK120RN23PROD with NOTICES1
11324 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Notices 

5See id. 

6See Securities Exchange Act Release No. 83289 

(September 2, 2020), 85 FR 55712 (September 9, 

2020) (SR–FINRA–2020–027). Given that FINRA’s 

OHO administers all aspects of Exchange 

adjudications, including assigning hearing officers 

to serve as NYSE Chicago hearing officers, pursuant 

to a regulatory services agreement (‘‘RSA’’), and that 

the public health concerns addressed by FINRA’s 

amendments applied equally to the Exchange’s 

disciplinary hearings, in 2022, the Exchange also 

temporarily amended its disciplinary rules to allow 

virtual hearings. See Securities Exchange Act 

Release No. 95477 (August 11, 2022), 87 FR 50680 

(August 17, 2022) (SR–NYSECHX–2022–19). The 

temporary relief was extended through April 30, 

2023, due to the continuing public health risks and 

logistical challenges related to COVID–19, 

including whether hearing participants could safely 

travel and abide by state or local quarantine 

requirements. See Securities Exchange Act Release 

No. 96872 (February 9, 2023), 88 FR 9922 (February 

15, 2023) (SR–NYSECHX–2023–007) (extending the 

expiration date of the temporary rule amendments 

to, among other rules, FINRA Rules 9261 and 9830 

from January 31, 2023 to April 30, 2023). The 

temporary amendments expired on April 30, 2023 

and, because the Exchange did not file another 

proposed rule change extending the temporary 

amendments beyond that date, the rules reverted 

back to their original state on April 30, 2023. See 

id. at 9924. 

7See 85 FR at 55713. 

8See id. 

9See Securities Exchange Act Release No. 98029 

(August 4, 2023), 88 FR 51879 (August 4, 2023) 

(SR–FINRA–2023–008) (Order Approving a 

Proposed Rule Change To Amend FINRA Rules 

1015, 9261, 9341, 9524, 9830 and Funding Portal 

Rule 900 (Code of Procedure) To Permit Hearings 

Under Those Rules To Be Conducted by Video 

Conference) (‘‘FINRA Approval Order’’). 

10See FINRA Approval Order, 88 FR at 51880. 

11See id. 

12See id. 

13See id. 

14See id. 

15As used herein, ‘‘evidentiary hearings’’ refers to 

hearings conducted before OHO under Rules 

10.9261 and 10.9830. See id., 88 FR at 51880, n. 25. 

16See id. at 51881. 

17See id. 

18See text accompanying note 10, supra. 

19See FINRA Approval Order, 88 FR at 51880. 

20See id. 

21See Securities Exchange Act Release No. 99120 

(December 8, 2023), 88 FR 86708 (December 14, 

2023) (SR–NYSE–2023–47); Securities Exchange 

Act Release No. 99121 (December 8, 2023), 88 FR 

86697 (December 14, 2023) (SR–NYSEAMER–2023– 

62); Securities Exchange Act Release No. 99122 

(December 8, 2023), 88 FR 86693 (December 14, 

2023) (SR–NYSEARCA–2023–82); and Securities 

Exchange Act Release No. 99127 (December 8, 

2023), 88 FR 86689 (December 14, 2023) (SR– 

NYSENAT–2023–28). 

evidentiary processes set forth in Rule 

10.9261 and in Rule 10.9830 for 

hearings in matters involving temporary 

and permanent cease and desist orders 

under the Rule 9800 Series. As adopted, 

the text of Rule 10.9261 is identical to 

the counterpart FINRA rule. Rule 

10.9830 is also identical to FINRA’s 

counterpart rule, except for conforming 

and technical amendments.5

In 2020, given the spread of COVID– 

19 and its effect on FINRA’s 

adjudicatory functions nationwide, 

FINRA filed a temporary rule change to 

grant FINRA’s Office of Hearing Officers 

(‘‘OHO’’) and the National Adjudicatory 

Council (‘‘NAC’’) the authority to 

conduct certain hearings by video 

conference if warranted by the current 

COVID–19-related public health risks 

posed by in-person hearings. Among the 

rules FINRA amended were FINRA 

Rules 9261 and 9830.6

In its filing, FINRA represented that 

its protocol for conducting hearings by 

video conference would ensure that 

such hearings maintain a fair process for 

the parties by, among other things, 

FINRA’s use of a high quality, secure 

and user-friendly video conferencing 

service and provision of thorough 

instructions, training and technical 

support to all hearing participants.7

According to FINRA, the changes were 

a reasonable interim solution to allow 

FINRA’s critical adjudicatory processes 

to continue to function while protecting 

the health and safety of hearing 

participants.8

Recently, the Commission approved 

FINRA’s proposal to make the 

temporary amendments regarding video 

conference hearings permanent, with 

some modifications, to permit the use of 

video conferences for reasons beyond 

COVID–19.9 Specifically, FINRA 

amended, among other rules, FINRA 

Rules 9261 and 9830 to extend OHO’s 

authority to order hearings by video 

conference to other similar situations in 

which proceeding in person could 

endanger the health or safety of the 

participant or alternatively would be 

impracticable (e.g., an uncommon 

situation or extraordinary circumstances 

such as a natural disaster or terrorist 

attack that caused travel to be cancelled 

for an extended period of time).10 As 

approved, OHO has discretion to 

determine whether the circumstances 

for a video hearing have been met and 

can act quickly if a future unexpected 

event impairs their ability to conduct inperson hearings safely.11 In addition, 

OHO has authority to order hearings to 

occur by video conference based on a 

motion, which was not permitted under 

the previous temporary amendments to 

FINRA Rules 9261 and 9830.12

As the FINRA Approval Order noted, 

FINRA represented that it will utilize 

the same protocols for conducting video 

conference hearings as those employed 

under the temporary amendments, 

including using a high quality, secure, 

user-friendly video conferencing service 

and providing thorough instructions, 

training, and technical support to all 

hearing participants.13 In addition, the 

FINRA Approval Order noted that, 

according to FINRA, the parties could 

file a joint motion requesting the 

hearing to occur, in whole or in part, by 

video conference based on a showing of 

good cause. In-person hearings, 

however, would remain the default 

method for conducting hearings.14

Further, as noted in the FINRA 

Approval Order, given the nature of 

evidentiary hearings,15 which often 

occur over multiple days and generally 

include numerous documents in 

evidence and witness testimony, 

motions for a hearing by video 

conference would need to be joined by 

all parties, and even joint motions could 

be denied if the adjudicator determines 

that good cause has not been shown.16

According to FINRA, OHO would have 

reasonable discretion based on a joint 

motion of the parties to exercise its 

authority to determine whether a 

hearing should occur by video 

conference under the proposed rule 

change.17 Moreover, in deciding 

whether to schedule a hearing by video 

conference, OHO could consider and 

balance a variety of factors including, 

for example and without limitation, a 

hearing participant’s individual health 

concerns and access to the connectivity 

and technology necessary to participate 

in a video conference hearing. 

Additionally, as noted above, OHO may 

consider whether a situation is 

uncommon or there are extraordinary 

circumstances.18

Finally, the FINRA Approval Order 

noted that for approximately two and a 

half years, while the temporary 

amendments were in effect, OHO 

successfully conducted numerous 

hearings by video conference using 

Zoom, a system which was vetted by 

FINRA’s information technology staff.19

FINRA stated that this use of video 

conference technology has been an 

effective and efficient alternative to inperson hearings.20

As discussed below, the Exchange 

proposes to adopt rule text based on 

FINRA’s recently approved amendments 

to its Rules 9261 and 9830 permitting 

video conference hearings under 

specified conditions. Each of the 

Exchange’s affiliates recently adopted 

the same amendments.21

Proposed Rule Change 

NYSE Chicago Rule 10.9261(b) 

provides that if a disciplinary hearing is 

held, a party shall be entitled to be 

heard in-person, by counsel, or by the 

party’s representative. Similarly, NYSE 

Chicago Rule 10.9830 outlines the 

requirements for hearings for temporary 

and permanent cease and desist orders. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Notices 11325 

22See text accompanying notes 7–8, supra. 

23See FINRA Approval Order, 88 FR at 51882. 

24See id. 

25As noted, FINRA and OHO administer 

disciplinary hearings on the Exchange’s behalf 

pursuant to an RSA. See note 6, supra. FINRA’s 

OHO administers all aspects of Exchange 

adjudications, including assigning hearing officers 

to serve as NYSE Chicago hearing officers. A 

hearing officer from OHO will, among other things, 

preside over the disciplinary hearing, select and 

chair the hearing panel, and prepare and issue 

written decisions. The Chief or Deputy Hearing 

Officer for all Exchange disciplinary hearings are 

currently drawn from OHO and are all FINRA 

employees. The Exchange understands that OHO 

will utilize the same video conference protocol and 

processes for Exchange matters under the RSA as 

it proposes for FINRA matters. 

26See Exchange Act Release No. 97403 (May 4, 

2023), 88 FR 28645 (May 4, 2023) (File No. SR– 

FINRA–2023–008) (Notice of Filing of a Proposed 

Rule Change To Amend FINRA Rules 1015, 9261, 

9341, 9524, 9830 and Funding Portal Rule 900 

(Code of Procedure) To Permit Hearings Under 

Those Rules To Be Conducted by Video 

Conference). 

27See id. 

28 15 U.S.C. 78f(b). 

29 15 U.S.C. 78f(b)(5). 

30 15 U.S.C. 78f(b)(7) & 78f(d). 

31See FINRA Approval Order, 88 FR at 51880. 

32See id. at 51881 & n. 36. 

NYSE Chicago Rule 10.9830(a), 

however, does not specify that a party 

shall be entitled to be heard in-person, 

by counsel, or by the party’s 

representative. 

The Exchange proposes to conform 

Rules 10.9261 and 10.9830 to FINRA 

Rules 9261 and 9830 as recently 

amended. The Exchange would add text 

to the rules permitting the Chief or 

Deputy Chief Hearing Officer to order 

the hearing to be conducted in whole or 

in part by video conference consistent 

with the FINRA Approval Order either 

based upon an assessment that 

proceeding in person may endanger the 

health or safety of the participants or 

would be impracticable or upon 

consideration of a joint motion of the 

parties for good cause shown. As noted, 

FINRA has adopted a detailed and 

thorough protocol to ensure that 

hearings conducted by video conference 

will maintain a fair process for the 

parties.22 Moreover, the proposed rule 

change would modernize existing 

procedures and allow parties who 

jointly prefer video conference to 

potentially save travel costs and time. 

As proposed, the use of video 

conferences would be limited and 

controlled, and in-person hearings 

would continue to be the default 

method for conducting hearings.23

Furthermore, the proposed rule includes 

procedural safeguards to ensure 

fairness, such as the requirement for 

evidentiary hearings that any motions 

be joined by all parties and show good 

cause.24 The Exchange believes that this 

is a reasonable procedure to follow in 

hearings under Rules 10.9261 and 

10.9830 chaired by a FINRA 

employee.25

To effectuate these changes, the 

Exchange proposes to add the following 

additions (italicized) to Rule 10.9261(b): 

If a hearing is held, a Party shall be entitled 

to be heard in person, by counsel, or by the 

Party’s representative. Upon a determination 

that proceeding in person may endanger the 

health or safety of the participants or would 

be impracticable, or upon consideration of a 

joint motion of the Parties for good cause 

shown, the Chief Hearing Officer or Deputy 

Chief Hearing Officer may, in the exercise of 

reasonable discretion, order the hearing to be 

conducted, in whole or in part, by video 

conference. 

The proposed text is identical to the 

language adopted by FINRA.26

Similarly, the Exchange proposes the 

following additions to Rule 10.9830(a): 

The hearing shall be held not later than 15 

days after service of the notice and filing 

initiating the temporary cease and desist 

proceeding, unless otherwise extended by the 

Chief Hearing Officer or Deputy Chief 

Hearing Officer for good cause shown. If a 

Hearing Officer or Hearing Panelist is recused 

or disqualified, the hearing shall be held not 

later than five days after a replacement 

Hearing Officer or Hearing Panelist is 

appointed. Upon a determination that 

proceeding in person may endanger the 

health or safety of the participants or would 

be impracticable, or upon consideration of a 

joint motion of the Parties for good cause 

shown, the Chief Hearing Officer or Deputy 

Chief Hearing Officer may, in the exercise of 

reasonable discretion, order the hearing to be 

conducted, in whole or in part, by video 

conference. 

Once again, the proposed language is 

identical to the language adopted by 

FINRA.27

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) of the 

Act,28 in general, and furthers the 

objectives of Section 6(b)(5),29 in 

particular, because it is designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, to foster 

cooperation and coordination with 

persons engaged in facilitating 

transactions in securities, to remove 

impediments to, and perfect the 

mechanism of, a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest. Additionally, the 

Exchange believes the proposed rule 

change is designed to provide a fair 

procedure for the disciplining of 

members and persons associated with 

members, consistent with Sections 

6(b)(7) and 6(d) of the Act.30

The Exchange believes that the 

proposed rule changes support the 

objectives of the Act by harmonizing 

Exchange rules modeled on FINRA’s 

rules, resulting in less burdensome and 

more efficient regulatory compliance. 

As previously noted, the text proposed 

for Rule 10.9261 and Rule 10.9830 is 

identical to the text in the counterpart 

FINRA rules. As such, the proposed rule 

change would facilitate rule 

harmonization among self-regulatory 

organizations with respect to the 

conduct of video conference hearings, 

thereby fostering cooperation and 

coordination with persons engaged in 

facilitating transactions in securities and 

will remove impediments to and perfect 

the mechanism of a free and open 

market and a national market system. 

The Exchange believes that the 

proposed rule change protects investors 

and the public interest by permitting the 

use of broadly available technology to 

allow hearings to proceed by video 

conference under certain circumstances. 

The Exchange’s disciplinary 

proceedings serve a critical role in 

providing investor protection and 

maintaining fair and orderly markets by, 

for example, sanctioning misconduct 

and preventing further customer harm 

by members and associated persons. 

The proposed rule change would 

encourage the prompt resolution of 

these cases while preserving fair 

process. The Exchange believes that this 

is especially important in matters where 

temporary and permanent cease and 

desist orders are sought because the 

proposed rule change would enable 

those hearings to proceed without delay, 

thereby enabling the Exchange to take 

immediate action to stop significant, 

ongoing customer harm, to the benefit of 

the investing public. 

The proposed rule change promotes 

efficiency by permitting hearings to 

occur by video conference in situations 

where the hearings would otherwise be 

postponed for an uncertain period of 

time. Moreover, as noted, FINRA will 

utilize the same protocols for 

conducting video conference hearings as 

those employed under the temporary 

amendments, including using a high 

quality, secure, user-friendly video 

conferencing service and providing 

thorough instructions, training, and 

technical support to all hearing 

participants.31 Moreover, the Chief or 

Deputy Chief Hearing Officer may take 

into consideration, among other things, 

a hearing participant’s individual health 

concerns and access to the connectivity 

and technology necessary to participate 

in a video conference hearing.32


ddrumheller on DSK120RN23PROD with NOTICES1
11326 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Notices 

33 15 U.S.C. 78f(b)(7) and 78f(d). 

34 15 U.S.C. 78s(b)(3)(A)(iii). 

35 17 CFR 240.19b–4(f)(6). 

36 17 CFR 240.19b–4(f)(6). 

37 17 CFR 240.19b–4(f)(6)(iii). 

38 15 U.S.C. 78s(b)(2)(B). 

39 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

For the same reasons, the Exchange 

believes that the proposed changes are 

designed to provide a fair procedure for 

the disciplining of members and 

persons associated with members, 

consistent with Sections 6(b)(7) and 6(d) 

of the Act.33 The Exchange believes that 

the proposed rule change provides a fair 

procedure by allowing hearings to 

proceed by video conference not only 

due to public health or safety reasons, 

but also at a party or the parties’ request 

for reasons particular to them. The Chief 

or Deputy Chief Hearing Officer could 

allow a hearing to proceed by video 

conference in the exercise of reasonable 

discretion and subject to procedural 

safeguards that ensure fairness, 

including the requirement that any 

motions be joined by all parties and 

show good cause. Overall, the proposed 

rule change represents a significant step 

toward modernizing disciplinary 

process procedures in a manner that 

preserves in-person hearings but allows 

for the use of video conference 

technology under certain circumstances. 

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 that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. The 

proposed rule change is not intended to 

address competitive issues but is rather 

intended solely to create permanent 

rules that would allow video conference 

hearings if OHO determines that 

proceeding in person may endanger the 

health or safety of the participants or 

would be impracticable, or where both 

parties prefer doing so and show good 

cause, thereby providing greater 

harmonization with approved FINRA 

rules. 

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 Exchange has filed the proposed 

rule change pursuant to Section 

19(b)(3)(A)(iii) of the Act 34 and Rule 

19b–4(f)(6) thereunder.35 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 

prior to 30 days from the date on which 

it was filed, or such shorter time as the 

Commission may designate, if 

consistent with the protection of 

investors and the public interest, the 

proposed rule change has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act and Rule 19b–4(f)(6)(iii) 

thereunder. 

A proposed rule change filed under 

Rule 19b–4(f)(6) 36 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b4(f)(6)(iii),37 the Commission 

may designate a shorter time if such 

action is consistent with the protection 

of investors and the public interest. 

At any time within 60 days of the 

filing of such 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) 38 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– 

NYSECHX–2024–04 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–NYSECHX–2024–04. 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–NYSECHX–2024–04 and should be 

submitted on or before March 6, 2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.39

Dated: February 8, 2024. 

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–02978 Filed 2–13–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99497; File No. SR–MEMX– 

2024–02] 

Self-Regulatory Organizations; MEMX 

LLC; Notice of Filing and Immediate 

Effectiveness of a Proposed Rule 

Change To Amend the Exchange’s Fee 

Schedule 

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 January 

31, 2024, 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 


ddrumheller on DSK120RN23PROD with NOTICES1