13128 Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices 

9 15 U.S.C. 78s(b)(3)(A)(ii). 

10 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3The Exchange initially filed the proposed fee 

change on February 1, 2024 (SR–CboeEDGA–2024– 

004). On February 7, 2024, the Exchange withdrew 

that filing and submitted this proposal. 

In sum, if the changes proposed 

herein are unattractive to market 

participants, it is likely that the 

Exchange will lose market share as a 

result. Accordingly, the Exchange does 

not believe that the proposed changes 

will impair the ability of members or 

competing order execution venues to 

maintain their competitive standing in 

the financial markets. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to section 

19(b)(3)(A)(ii) of the Act.9

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is: (i) necessary or appropriate in 

the public interest; (ii) for the protection 

of investors; or (iii) otherwise in 

furtherance of the purposes of the Act. 

If the Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

should be approved or disapproved. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s internet 

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

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include file number SR– 

NASDAQ–2024–005 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–NASDAQ–2024–005. 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 

10:00 a.m. and 3:00 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–NASDAQ–2024–005, 

and should be submitted on or before 

March 13, 2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Dated: February 14, 2024. 

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–03451 Filed 2–20–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99540; File No. SR– 

CboeEDGA–2024–005] 

Self-Regulatory Organizations; Cboe 

EDGA Exchange, Inc.; Notice of Filing 

and Immediate Effectiveness of a 

Proposed Rule Change To Amend Its 

Fee Schedule 

February 14, 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 February 

7, 2024, Cboe EDGA Exchange, Inc. 

(‘‘Exchange’’ or ‘‘EDGA’’) filed with the 

Securities and Exchange Commission 

(‘‘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 

Cboe EDGA Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘EDGA’’) proposes to 

amend its Fee Schedule. The text of the 

proposed rule change is provided in 

Exhibit 5. 

The text of the proposed rule change 

is also available on the Exchange’s 

website (http://markets.cboe.com/us/ 

equities/regulation/rule_filings/edga/), 

at the Exchange’s Office of the 

Secretary, 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 proposes to amend its 

Fee Schedule applicable to its equities 

trading platform (‘‘EDGA Equities’’) by: 

(1) modifying the rate associated with 

fee code DQ; and (2) modifying certain 

Add/Remove Volume Tiers. The 

Exchange proposes to implement these 

changes effective February 1, 2024.3

The Exchange first notes that it 

operates in a highly competitive market 

in which market participants can 

readily direct order flow to competing 

venues if they deem fee levels at a 

particular venue to be excessive or 

incentives to be insufficient. More 

specifically, the Exchange is only one of 

16 registered equities exchanges, as well 

as a number of alternative trading 

systems and other off-exchange venues 

that do not have similar self-regulatory 


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Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices 13129 

4See Cboe Global Markets, U.S. Equities Market 

Volume Summary, Month-to-Date (January 26, 

2024), available at https://www.cboe.com/us/ 

equities/market_statistics/. 

5See EDGA Equities Fee Schedule, Standard 

Rates. 

6 Id. 

7See Exchange Rule 11.8(e). 

8See Exchange Rule 11.8(e)(10). 

9See Exchange Rule 1.5(d). 

10See Securities Exchange Act Release No. 89016 

(June 4, 2020), 85 FR 35488 (June 10, 2020) (SR– 

CboeEDGA–2020–005) (‘‘Notice of Filing of 

Amendment No. 1 and Order Granting Accelerated 

Approval of a Proposed Rule Change, as Modified 

by Amendment No. 1, to Amend the Rule Relating 

to MidPoint Discretionary Orders to Allow Optional 

Offset or Quote Depletion Protection Instructions’’). 

11Fee code N is appended to orders that remove 

liquidity from EDGA in Tape C securities. 

12Fee code W is appended to orders that remove 

liquidity from EDGA in Tape A securities. 

13Fee code 6 is appended to orders that remove 

liquidity from EDGA in the pre and post market for 

securities listed on all tapes. 

14Fee code BB is appended to orders that remove 

liquidity from EDGA in Tape B securities. 

15 ‘‘ADV’’ means average daily volume calculated 

as the number of shares added to, removed from, 

or routed by, the Exchange, or any combination or 

subset thereof, per day. ADV is calculated on a 

monthly basis. 

16 ‘‘TCV’’ means total consolidated volume 

calculated as the volume reported by all exchanges 

and trade reporting facilities to a consolidated 

transaction reporting plan for the month for which 

the fees apply. 

17 15 U.S.C. 78f(b). 

18 15 U.S.C. 78f(b)(5). 

responsibilities under the Securities 

Exchange Act of 1934 (the ‘‘Act’’), to 

which market participants may direct 

their order flow. Based on publicly 

available information,4 no single 

registered equities exchange has more 

than 13% of the market share. Thus, in 

such a low-concentrated and highly 

competitive market, no single equities 

exchange possesses significant pricing 

power in the execution of order flow. 

The Exchange in particular operates a 

‘‘Taker-Maker’’ model whereby it pays 

credits to members that remove 

liquidity and assesses fees to those that 

add liquidity. The Exchange’s Fee 

Schedule sets forth the standard rebates 

and rates applied per share for orders 

that remove and provide liquidity, 

respectively. Currently, for orders in 

securities priced at or above $1.00, the 

Exchange provides a standard rebate of 

$0.00160 per share for orders that 

remove liquidity and assesses a fee of 

$0.0030 per share for orders that add 

liquidity.5 For orders in securities 

priced below $1.00, the Exchange does 

not assess any fees or provide any 

rebates for orders that add or remove 

liquidity.6 Additionally, in response to 

the competitive environment, the 

Exchange also offers tiered pricing 

which provides Members opportunities 

to qualify for higher rebates or reduced 

fees where certain volume criteria and 

thresholds are met. Tiered pricing 

provides an incremental incentive for 

Members to strive for higher tier levels, 

which provides increasingly higher 

benefits or discounts for satisfying 

increasingly more stringent criteria. 

Fee Code DQ 

The Exchange currently offers fee 

code DQ, which is appended to 

Midpoint Discretionary Orders 

(‘‘MDOs’’) 7 using the Quote Depletion 

Protection (‘‘QDP’’) 8 order instruction 

which add liquidity to the EDGA Book.9

QDP is designed to provide enhanced 

protections to MDOs by tracking 

significant executions that constitute the 

best bid or offer on the EDGA Book and 

enabling Users to avoid potentially 

unfavorable executions by preventing 

MDOs entered with the optional QDP 

instruction from exercising discretion to 

trade at more aggressive prices when 

QDP has been triggered.10 Currently, 

MDOs entered with a QDP instruction 

and which add liquidity to the EDGA 

Book are appended fee code DQ and 

assessed a fee of $0.0015 per share in 

securities at or above $1.00 and 0.30% 

of dollar value for securities priced 

below $1.00. The Exchange now 

proposes to amend the fee associated 

with fee code DQ from $0.0015 per 

share in securities at or above to $1.00 

to $0.0018 per share. There is no 

proposed change in the fee assessed to 

securities priced below $1.00. The 

purpose of increasing the fee associated 

with fee code DQ is for business and 

competitive reasons, as the Exchange 

believes that increasing such fee as 

proposed would decrease the 

Exchange’s expenditures with respect to 

transaction pricing in a manner that is 

still consistent with the Exchange’s 

overall pricing philosophy of 

encouraging added liquidity. 

Add/Remove Volume Tiers 

Under footnote 7 of the Fee Schedule, 

the Exchange currently offers various 

Add/Remove Volume Tiers. In 

particular, the Exchange offers three 

Remove Volume Tiers that each provide 

an enhanced rebate for Members’ 

qualifying orders yielding fee codes N,11

W,12 6 13 and BB14 where a Member 

reaches certain add volume-based 

criteria. The Exchange now proposes to 

modify the criteria associated with 

Remove Volume Tier 1 and Remove 

Volume Tier 2. The current criteria for 

Remove Volume Tiers 1–2 is as follows: 

• Remove Volume Tier 1 provides an 

enhanced rebate of $0.0018 per share for 

securities priced at or above $1.00 to 

qualifying orders (i.e., orders yielding 

fee codes N, W, 6, or BB) where a 

Member adds or removes an ADV 15

≥0.02% of the TCV.16

• Remove Volume Tier 2 provides an 

enhanced rebate of $0.0020 per share for 

securities priced at or above $1.00 to 

qualifying orders (i.e., orders yielding 

fee codes N, W, 6, or BB) where a 

Member adds or removes an ADV 

≥0.05% of the TCV. 

The proposed criteria for Remove 

Volume Tiers 1–2 is as follows: 

• Remove Volume Tier 1 provides an 

enhanced rebate of $0.0018 per share for 

securities priced at or above $1.00 to 

qualifying orders (i.e., orders yielding 

fee codes N, W, 6, or BB) where a 

Member adds or removes an ADV 

≥0.05% of the TCV. 

• Remove Volume Tier 2 provides an 

enhanced rebate of $0.0020 per share for 

securities priced at or above $1.00 to 

qualifying orders (i.e., orders yielding 

fee codes N, W, 6, or BB) where a 

Member adds or removes an ADV 

≥0.10% of the TCV. 

The Exchange believes that the 

proposed modifications to Remove 

Volume Tiers 1–2 will incentivize 

Members to add volume to and remove 

volume from the Exchange, thereby 

contributing to a deeper and more liquid 

market, which benefits all market 

participants and provides greater 

execution opportunities on the 

Exchange. While the proposed criteria is 

slightly more difficult to achieve than 

the current criteria, the Exchange 

believes that the criteria continues to be 

commensurate with the enhanced rebate 

offered by the Exchange for Members 

who satisfy the proposed criteria of 

Remove Volume Tiers 1–2 and remains 

in-line with the criteria offered under 

Remove Volume Tier 3. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with the Act 

and the rules and regulations 

thereunder applicable to the Exchange 

and, in particular, the requirements of 

Section 6(b) of the Act.17 Specifically, 

the Exchange believes the proposed rule 

change is consistent with the Section 

6(b)(5) 18 requirements that the rules of 

an exchange be 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 regulating, clearing, settling, 

processing information with respect to, 

and facilitating transactions in 

securities, to remove impediments to 

and perfect the mechanism of a free and 

open market and a national market 


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13130 Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices 

19 Id. 

20 15 U.S.C. 78f(b)(4) 

21See e.g., BYX Equities Fee Schedule, Footnote 

1, Add/Remove Volume Tiers. 

22See e.g., EDGA Equities Fee Schedule, Fee 

Codes 3 and 6. 

system, and, in general, to protect 

investors and the public interest. 

Additionally, the Exchange believes the 

proposed rule change is consistent with 

the Section 6(b)(5) 19 requirement that 

the rules of an exchange not be designed 

to permit unfair discrimination between 

customers, issuers, brokers, or dealers as 

well as Section 6(b)(4) 20 as it is 

designed to provide for the equitable 

allocation of reasonable dues, fees and 

other charges among its Members and 

other persons using its facilities. 

As described above, the Exchange 

operates in a highly competitive market 

in which market participants can 

readily direct order flow to competing 

venues if they deem fee levels at a 

particular venue to be excessive or 

incentives to be insufficient. The 

Exchange believes that its proposal to 

modify Remove Volume Tiers 1–2 

reflects a competitive pricing structure 

designed to incentivize market 

participants to direct their order flow to 

the Exchange, which the Exchange 

believes would enhance market quality 

to the benefit of all Members. 

Additionally, the Exchange notes that 

relative volume-based incentives and 

discounts have been widely adopted by 

exchanges,21 including the Exchange,22

and are reasonable, equitable and nondiscriminatory because they are open to 

all Members on an equal basis and 

provide additional benefits or discounts 

that are reasonably related to (i) the 

value to an exchange’s market quality 

and (ii) associated higher levels of 

market activity, such as higher levels of 

liquidity provision and/or growth 

patterns. Competing equity exchanges 

offer similar tiered pricing structures, 

including schedules of rebates and fees 

that apply based upon members 

achieving certain volume and/or growth 

thresholds, as well as assess similar fees 

or rebates for similar types of orders, to 

that of the Exchange. 

In particular, the Exchange believes 

its proposal to modify Remove Volume 

Tiers 1–2 is reasonable because the tiers 

will be available to all Members and 

provide all Members with an 

opportunity to receive an enhanced 

rebate. The Exchange further believes 

that modified Remove Volume Tiers 1 

and 2 will provide a reasonable means 

to encourage adding displayed orders in 

Members’ order flow to the Exchange 

and to incentivize Members to continue 

to provide volume to the Exchange by 

offering them an additional opportunity 

to receive an enhanced rebate on 

qualifying orders. An overall increase in 

activity would deepen the Exchange’s 

liquidity pool, offers additional cost 

savings, support the quality of price 

discovery, promote market transparency 

and improve market quality, for all 

investors. 

In addition, the Exchange believes 

that its proposal to increase the fee 

associated with fee code DQ is 

reasonable, equitable, and consistent 

with the Act because such change is 

designed to decrease the Exchange’s 

expenditures with respect to transaction 

pricing in order to offset some of the 

costs associated with the Exchange’s 

current pricing structure, which 

assesses various fees for liquidityadding orders and provides various 

rebates for liquidity-removing orders, 

and the Exchange’s operations 

generally, in a manner that is consistent 

with the Exchange’s overall pricing 

philosophy of encouraging added 

liquidity. The proposed higher fee 

($0.0018 per share in securities priced at 

or above $1.00) is reasonable and 

appropriate because it represents only a 

modest increase from the current fee 

($0.0015 per share) and remains 

competitive with, and generally lower 

than, other fees assessed for liquidityadding orders on the Exchange. The 

Exchange further believes that the 

proposed increase to the fee associated 

with fee code DQ is not unfairly 

discriminatory because it applies to all 

Members equally, in that all Members 

will be assessed the higher fee upon 

appending an order with fee code DQ. 

The Exchange believes the proposed 

modified Remove Volume Tiers 1–2 are 

reasonable as they do not represent a 

significant departure from the criteria 

currently offered in the Fee Schedule. 

The Exchange also believes that the 

proposal represents an equitable 

allocation of fees and rebates and is not 

unfairly discriminatory because all 

Members will be eligible for the new 

and revised tiers and have the 

opportunity to meet the tiers’ criteria 

and receive the corresponding reduced 

fee or enhanced rebate if such criteria 

are met. Without having a view of 

activity on other markets and offexchange venues, the Exchange has no 

way of knowing whether these proposed 

rule changes would definitely result in 

any Members qualifying for the new 

proposed tiers. While the Exchange has 

no way of predicting with certainty how 

the proposed changes will impact 

Member activity, based on the prior 

months volume, the Exchange 

anticipates that at least six Members 

will be able to satisfy proposed Remove 

Volume Tier 1, and at least four 

Members will be able to satisfy 

proposed Remove Volume Tier 2. The 

Exchange also notes that the proposed 

changes will not adversely impact any 

Member’s ability to qualify for reduced 

fees or enhanced rebates offered under 

other tiers. Should a Member not meet 

the proposed new criteria, the Member 

will merely not receive that 

corresponding enhanced rebate. 

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. Rather, as 

discussed above, the Exchange believes 

that the proposed changes would 

encourage the submission of additional 

order flow to a public exchange, thereby 

promoting market depth, execution 

incentives and enhanced execution 

opportunities, as well as price discovery 

and transparency for all Members. As a 

result, the Exchange believes that the 

proposed changes further the 

Commission’s goal in adopting 

Regulation NMS of fostering 

competition among orders, which 

promotes ‘‘more efficient pricing of 

individual stocks for all types of orders, 

large and small.’’ 

The Exchange believes the proposed 

rule changes do not impose any burden 

on intramarket competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. Particularly, 

the proposed changes to Remove 

Volume Tiers 1 and 2 will apply to all 

Members equally in that all Members 

are eligible for each of the Tiers, have 

a reasonable opportunity to meet the 

Tiers’ criteria and will receive the 

enhanced rebate on their qualifying 

orders if such criteria are met. The 

Exchange does not believe the proposed 

changes burden competition, but rather, 

enhance competition as they are 

intended to increase the 

competitiveness of EDGA by adopting a 

new pricing incentive and amending 

existing pricing incentives in order to 

attract order flow and incentivize 

participants to increase their 

participation on the Exchange, 

providing for additional execution 

opportunities for market participants 

and improved price transparency. 

Greater overall order flow, trading 

opportunities, and pricing transparency 

benefits all market participants on the 

Exchange by enhancing market quality 

and continuing to encourage Members 

to send orders, thereby contributing 

towards a robust and well-balanced 

market ecosystem. 


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Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices 13131 

23Supra note 3. 

24See Securities Exchange Act Release No. 51808 

(June 9, 2005), 70 FR 37496, 37499 (June 29, 2005). 

25NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. 

Cir. 2010) (quoting Securities Exchange Act Release 

No. 59039 (December 2, 2008), 73 FR 74770, 74782– 

83 (December 9, 2008) (SR–NYSEArca–2006–21)). 

26 15 U.S.C. 78s(b)(3)(A). 

27 17 CFR 240.19b–4(f). 28 17 CFR 200.30–3(a)(12). 

Further, the Exchange believes the 

proposed increased fee associated with 

fee code DQ does not impose any 

burden on intramarket competition that 

is not necessary or appropriate in 

furtherance of the purposes of the Act. 

The proposed fees associated with fee 

code DQ would apply to all Members 

equally in that all Members would be 

subject to the same fee for the execution 

of an MDO with a QDP instruction that 

adds liquidity to the Exchange. Both 

MDO and the associated QDP 

instruction are available to all Members 

on an equal and non-discriminatory 

basis. As a result, any Member can 

decide to use (or not use) the QDP 

instruction based on the benefits 

provided by that instruction in 

potentially avoiding unfavorable 

executions, and the associated charge 

that the Exchange proposes to amend. 

Next, the Exchange believes the 

proposed rule changes does not impose 

any burden on intermarket competition 

that is not necessary or appropriate in 

furtherance of the purposes of the Act. 

As previously discussed, the Exchange 

operates in a highly competitive market. 

Members have numerous alternative 

venues that they may participate on and 

direct their order flow, including other 

equities exchanges, off-exchange 

venues, and alternative trading systems. 

Additionally, the Exchange represents a 

small percentage of the overall market. 

Based on publicly available information, 

no single equities exchange has more 

than 13% of the market share.23

Therefore, no exchange possesses 

significant pricing power in the 

execution of order flow. Indeed, 

participants can readily choose to send 

their orders to other exchange and offexchange venues if they deem fee levels 

at those other venues to be more 

favorable. Moreover, 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.’’ 24 The 

fact that this market is competitive has 

also long been recognized by the courts. 

In NetCoalition v. Securities and 

Exchange Commission, the D.C. Circuit 

stated as follows: ‘‘[n]o one disputes 

that competition for order flow is 

‘fierce.’ . . . As the SEC explained, ‘[i]n 

the U.S. national market system, buyers 

and sellers of securities, and the brokerdealers that act as their order-routing 

agents, have a wide range of choices of 

where to route orders for execution’; 

[and] ‘no exchange can afford to take its 

market share percentages for granted’ 

because ‘no exchange possesses a 

monopoly, regulatory or otherwise, in 

the execution of order flow from broker 

dealers’ . . . .’’.25 Accordingly, the 

Exchange does not believe its proposed 

fee change imposes any burden on 

competition that is not necessary or 

appropriate in furtherance of the 

purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

The Exchange neither solicited nor 

received comments on the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

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

of the Act 26 and paragraph (f) of Rule 

19b–4 27 thereunder. 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 will institute proceedings 

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– 

CboeEDGA–2024–005 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–2024–005. 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–2024–005 and should 

be submitted on or before March 13, 

2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.28

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–03454 Filed 2–20–24; 8:45 am] 

BILLING CODE 8011–01–P 


khammond on DSKJM1Z7X2PROD with NOTICES