13774 Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Notices 

17See supra note 7. 

18 Id. 

19 15 U.S.C. 78s(b)(3)(A)(ii). 

20 17 CFR 240.19b–4(f)(2). 21 17 CFR 200.30–3(a)(12). 

Exchange to enhance the value of a data 

product that is similar to those offered 

by other competitor options 

exchanges.17 The Exchange proposes to 

allow subscribers who purchase IntraDay Open Close data the ability to 

request End-of-Day Open-Close data for 

no additional charge to keep pace with 

evolving customer needs, and believes 

that providing such data to market 

participants that make requests for it 

will continue to contribute to robust 

competition among national securities 

exchanges. Multiple other U.S. options 

exchanges offer end-of-day and intraday Open-Close report data with fees 

that are substantially similar to the 

Exchange’s fees. As a result, the 

Exchange believes this proposed rule 

change permits fair competition among 

national securities exchanges. 

Furthermore, the Exchange operates 

in a highly competitive environment, 

and its ability to price Open-Close 

Report data is constrained by 

competition among exchanges that offer 

Open-Close report data to their 

customers. The Exchange notes that 

there are currently a number of similar 

products available to market 

participants and investors. Multiple 

other U.S. options exchanges offer 

Open-Close report data, which the 

Exchange must consider in its pricing 

discipline in order to compete for the 

market data.18 The Exchange notes that 

this proposal is akin to a fee break for 

subscribers because it would decrease 

the cost to purchase a broader scope of 

Open-Close Report data from the 

Exchange by allowing Intra-Day 

subscribers to request End-of-Day data 

for no additional charge. Further, the 

Exchange is not aware that any other 

U.S. options exchange offers portions of 

their Open-Close Report data for no 

additional charge, including as 

proposed herein. Nonetheless, should 

the Exchange propose fees that are 

excessively higher than established fees 

for Open-Close Report data would 

simply serve to reduce demand for the 

Exchange’s data product, which as 

discussed, market participants are under 

no obligation to utilize. In this 

competitive environment, potential 

purchasers are free to choose which, if 

any, similar product to purchase to 

satisfy their need for market 

information. As a result, the Exchange 

believes this proposed rule change 

permits fair competition among national 

securities exchanges. 

The Exchange also does not believe 

the proposal would cause any 

unnecessary or inappropriate burden on 

intermarket competition as other 

exchanges are free to introduce their 

own comparable data product and lower 

their prices for Open-Close Report data 

to better compete with the Exchange’s 

offering. The Exchange does not believe 

the proposed rule change would cause 

any unnecessary or inappropriate 

burden on intramarket competition. 

Particularly, the proposal would apply 

uniformly to any market participant. 

The proposal allows any interested 

Member or non-Member to request 

Open-Close Report data based on their 

business needs. 

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,19 and Rule 

19b–4(f)(2) 20 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 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– 

MIAX–2024–09 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–MIAX–2024–09. 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–MIAX–2024–09 and should be 

submitted on or before March 15, 2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.21

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–03646 Filed 2–22–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Notice is hereby given, 

pursuant to the provisions of the 

Government in the Sunshine Act, Public 

Law 94–409, that the Securities and 

Exchange Commission Investor 

Advisory Committee will hold a public 

meeting on Thursday, March 7, 2024. 

The meeting will begin at 10:00 a.m. 

(ET) and will be open to the public. 

PLACE: The meeting will be conducted 

in-person at 100 F Street NE, 

Washington, DC 20549 in the 

Multipurpose Room, and by remote 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Notices 13775 

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

2 17 CFR 240.19b–4. 

3The Exchange initially filed the proposed fee 

changes on July 3, 2023 (SR–CboeBZX–2023–046). 

On September 1, 2023, the Exchange withdrew that 

filing and submitted SR–CboeBZX–2023–067. On 

September 29, 2023, the Securities and Exchange 

Commission issued a Suspension of and Order 

Instituting Proceedings to Determine whether to 

Approve or Disapprove a Proposed Rule Change to 

Amend its Fees Schedule Related to Physical Port 

Fees (the ‘‘OIP’’). On October 2, 2023, the Exchange 

filed the proposed fee change (SR–CboeBZX–2023– 

080). On October 13, 2023, the Exchange withdrew 

that filing and on business date October 16, 2023 

submitted SR–CboeBZX–2023–084. On December 

12, 2023, the Exchange withdrew that filing and 

submitted SR–CboeBZX–2023–103. On February 9, 

2024, the Exchange withdrew that filing and 

submitted this filing. 

4See e.g., The Nasdaq Stock Market LLC 

(‘‘Nasdaq’’), General 8, Connectivity to the 

Exchange. Nasdaq and its affiliated exchanges 

charge a monthly fee of $15,000 for each 10Gb Ultra 

fiber connection to the respective exchange, which 

is analogous to the Exchange’s 10Gb physical port. 

See also New York Stock Exchange LLC, NYSE 

American LLC, NYSE Arca, Inc., NYSE Chicago 

Inc., NYSE National, Inc. Connectivity Fee 

Schedule, which provides that 10 Gb LX LCN 

Circuits (which are analogous to the Exchange’s 10 

Gb physical port) are assessed $22,000 per month, 

per port. 

means. Members of the public may 

attend in-person, or watch the webcast 

of the meeting on the Commission’s 

website at www.sec.gov. 

STATUS: This Sunshine Act notice is 

being issued because a majority of the 

Commission may attend the meeting. 

PUBLIC COMMENT: The public is invited 

to submit written statements to the 

Committee. Written statements should 

be received on or before March 6, 2024. 

Written statements may be submitted 

by any of the following methods: 

Electronic Statements 

• Use the Commission’s internet 

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

rules/other.shtml); or 

• Send an email message to rulescomments@sec.gov. Please include File 

No. 265–28 on the subject line; or 

Paper Electronic Statements 

• Send paper statements to Vanessa 

A. Countryman, Secretary, Securities 

and Exchange Commission, 100 F Street 

NE, Washington, DC 20549–1090. 

All submissions should refer to File No. 

265–28. This file number should be 

included on the subject line if email is 

used. To help us process and review 

your statement more efficiently, please 

use only one method. 

The Commission will post all 

statements on the Commission’s 

website. Statements also will be 

available for website viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE, Room 

1503, Washington, DC 20549, on official 

business days between the hours of 

10:00 a.m. and 3:00 p.m. Operating 

conditions may limit access to the 

Commission’s Public Reference Room. 

Do not include personal 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. 

MATTERS TO BE CONSIDERED: The agenda 

for the meeting includes: welcome and 

opening remarks; approval of previous 

meeting minutes; a panel discussing the 

U.S. Securities and Exchange 

Commission’s proposals to improve 

equity market structure; a panel 

examining the use of materiality as a 

disclosure standard—can the definition 

be improved to better serve investors; a 

discussion of a recommendation 

regarding digital engagement practices; 

subcommittee and working group 

reports; and a non-public administrative 

session. 

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: February 21, 2024. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2024–03810 Filed 2–21–24; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99551; File No. SRCboeBZX–2024–016] 

Self-Regulatory Organizations; Cboe 

BZX Exchange, Inc.; Notice of Filing 

and Immediate Effectiveness of a 

Proposed Rule Change To Amend Its 

Fees Schedule Related to Physical 

Port Fees 

February 16, 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 February 

9, 2024, Cboe BZX Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘BZX’’) 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 BZX Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘BZX Equities’’) 

proposes to amend its Fees 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/BZX/), 

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 relating to physical 

connectivity fees.3

By way of background, a physical port 

is utilized by a Member or non-Member 

to connect to the Exchange at the data 

centers where the Exchange’s servers are 

located. The Exchange currently 

assesses the following physical 

connectivity fees for Members and nonMembers on a monthly basis: $2,500 per 

physical port for a 1 gigabit (‘‘Gb’’) 

circuit and $7,500 per physical port for 

a 10 Gb circuit. The Exchange proposes 

to increase the monthly fee for 10 Gb 

physical ports from $7,500 to $8,500 per 

port. The Exchange notes the proposed 

fee change better enables it to continue 

to maintain and improve its market 

technology and services and also notes 

that the proposed fee amount, even as 

amended, continues to be in line with, 

or even lower than, amounts assessed by 

other exchanges for similar 

connections.4 The physical ports may 

also be used to access the Systems for 

the following affiliate exchanges and 

only one monthly fee currently (and 

will continue) to apply per port: the 

Exchange’s options platform (BZX 

Options), Cboe EDGX Exchange, Inc. 

(options and equities platforms), Cboe 


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