79664 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices 

29For purposes only of waiving the 30-day 

operative delay, the Commission has also 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 

30 17 CFR 200.30–3(a)(12), (59). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 100661 

(Aug. 6, 2024), 89 FR 65690. 

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

5 Id. 

6 17 CFR 200.30–3(a)(31). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

consistent with the protection of 

investors and the public interest. 

Accordingly, the Commission hereby 

waives the 30-day operative delay and 

designates the proposed rule change as 

operative upon filing.29

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– 

PEARL–2024–45 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–PEARL–2024–45. 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–PEARL–2024–45 and should be 

submitted on or before October 21, 

2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.30

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2024–22266 Filed 9–27–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–101154; File No. SR–ISE– 

2024–35] 

Self-Regulatory Organizations; Nasdaq 

ISE, LLC; Notice of Designation of a 

Longer Period for Commission Action 

on a Proposed Rule Change To List 

and Trade Options on the iShares 

Ethereum Trust 

September 24, 2024. 

On July 22, 2024, Nasdaq ISE, LLC 

(‘‘ISE’’) 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 amend Options 

4, Section 3, Criteria for Underlying 

Securities, to allow ISE to list and trade 

options on the iShares Ethereum Trust. 

The proposed rule change was 

published for comment in the Federal 

Register on August 12, 2024.3 The 

Commission received no comment 

letters regarding the proposed rule 

change. 

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 September 26, 

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. 

Accordingly, the Commission, pursuant 

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

designates November 10, 2024, as the 

date by which the Commission shall 

either approve or disapprove, or 

institute proceedings to determine 

whether to disapprove, the proposed 

rule change (File No. SR–ISE–2024–35). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2024–22267 Filed 9–27–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–101150; File No. SR–NYSE– 

2024–58] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing of Proposed Rule Change To 

Amend NYSE Rule 7.13 

September 24, 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 

September 12, 2024, New York Stock 

Exchange LLC (‘‘NYSE’’ or the 

‘‘Exchange’’) 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 self-regulatory 

organization. The Commission is 

publishing this notice to solicit 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices 79665 

4The current text of Rule 7.13 was adopted in 

2021 to harmonize the Exchange’s rules with those 

of its affiliates NYSE American LLC, NYSE Arca, 

Inc., NYSE Chicago, Inc. and NYSE National, Inc. 

(together, the ‘‘Affiliate SROs’’). See Securities and 

Exchange Act Release No. 93309 (October 13, 2021), 

86 FR 57862 (October 19, 2021) (SR–NYSE–2021– 

60) (Notice of Filing and Immediate Effectiveness of 

Proposed Rule Change To Amend Its Rules To Add 

New Rule 7.13). The Affiliate SROs expect to make 

the change proposed here. 

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

6 15 U.S.C. 78f(b)(1). 

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78f(b)(7). 

9 15 U.S.C. 78f(d)(2). 

10 15 U.S.C. 78f(b)(1). 

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

12 15 U.S.C. 78f(b)(7). 

13 15 U.S.C. 78f(d)(2). 

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 

NYSE Rule 7.13 to remove references to 

the Chair of the Board. 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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend 

NYSE Rule 7.13 (Trading Suspensions) 

to remove references to the Chair of the 

Board of Directors of the Exchange 

(‘‘Board’’). 

Under current Rule 7.13,4 the Chair of 

the Board or the chief executive officer 

of the Exchange (the ‘‘CEO’’), or the 

officer designee of the Chair or the CEO, 

has the power to suspend trading on any 

and all securities trading on the 

Exchange whenever in his or her 

opinion such suspension would be in 

the public interest. No such action shall 

continue longer than two days or as 

soon thereafter as a quorum of Directors 

can be assembled, unless the Board 

approves the continuation of such 

suspension. 

The Exchange believes that it is 

advisable to remove the references to 

the Chair in Rule 7.13 because the Chair 

has not acted under Rule 7.13 since the 

rule was adopted and the Exchange does 

not anticipate that an independent or 

non-employee Chair will have sufficient 

involvement in the day-to-day 

operations of the Exchange to act under 

the Rule. 

To effectuate the change, the Rule 

would be amended as follows (proposed 

deletions bracketed): 

The [Chair of the Board or the] CEO, 

or the officer designee of [the Chair or] 

the CEO, shall have the power to 

suspend trading in any and all securities 

trading on the Exchange whenever in 

his or her opinion such suspension 

would be in the public interest. 

The requirement that no such action 

continue longer than two days or as 

soon thereafter as a quorum of Directors 

can be assembled, unless the Board 

approves the continuation of such 

suspension, would remain. No other 

changes to Rule 7.13 are proposed. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act,5 in general, and 

furthers the objectives of Section 

6(b)(1) 6 in particular, in that it enables 

the Exchange to be so organized as to 

have the capacity to be able to carry out 

the purposes of the Act and to comply, 

and to enforce compliance by its 

exchange members and persons 

associated with its exchange members, 

with the provisions of the Act, the rules 

and regulations thereunder, and the 

rules of the Exchange. The Exchange 

also believes that the proposed rule 

change is consistent with Section 6(b)(5) 

of the Act,7 in that 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. In addition, the 

Exchange believes that the proposed 

rule change is designed to provide fair 

procedures for the denial of 

membership to any person seeking 

Exchange membership, the barring of 

any person from becoming associated 

with a member, and the prohibition or 

limitation by the Exchange of any 

person with respect to access to services 

offered by the Exchange or a member 

thereof, consistent with the objectives of 

Section 6(b)(7) 8 and Section 6(d)(2) 9 of 

the Act. 

The proposed amendment would 

enable the Exchange to continue to be 

so organized as to have the capacity to 

carry out the purposes of the Act, 

thereby furthering the objectives of 

Section 6(b)(1) 10 of the Act. Amending 

Rule 7.13 to remove the references to 

the Chair would contribute to the 

orderly operation of the Exchange, as it 

would make Rule 7.13 more accurately 

reflect current practice, as the Chair has 

not acted under Rule 7.13 since the rule 

was adopted. It would also reflect the 

fact that the Exchange does not 

anticipate that an independent or nonemployee Chair will have sufficient 

involvement in the day-to-day 

operations of the Exchange to act under 

the Rule. At the same time, the Chair 

would continue to have an oversight 

role, since the requirement would 

remain that no suspension of trading 

continue longer than two days or as 

soon thereafter as a quorum of Directors 

can be assembled, unless the Board 

approves the continuation of such 

suspension. Given that, the Board— 

including the Chair—would continue to 

oversee the length of time any 

suspension of trading made under the 

Rule would be in effect. 

Because amended Rule 7.13 would 

more accurately reflect current practice 

while still giving the Chair an oversight 

role, the Exchange believes that the 

proposed change would be beneficial to 

both investors and the public interest, 

thereby promoting the maintenance of a 

fair and orderly market and the 

protection of investors and the public 

interest consistent with Section 6(b)(5) 

of the Act.11 For the same reasons, the 

Exchange believes that the proposed 

changes would continue to provide fair 

procedures for the prohibition or 

limitation by the Exchange of any 

person with respect to access to services 

offered by the Exchange consistent with 

the objectives of Section 6(b)(7) 12 and 

Section 6(d)(2) 13 of the Act. 

For these reasons, the Exchange 

believes that the proposal is consistent 

with the Act. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange believes that the 

proposal will not impose any burden on 

competition that is not necessary or 

appropriate in furtherance of the 


ddrumheller on DSK120RN23PROD with NOTICES1
79666 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices 

14 15 U.S.C. 78f(b)(8). 

15 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3The term ‘‘Member’’ means an individual or 

organization approved to exercise the trading rights 

associated with a Trading Permit. Members are 

deemed ‘‘members’’ under the Exchange Act. See 

Exchange Rule 100. 

4See Securities Exchange Act Release No. 77989 

(June 3, 2016), 81 FR 37219 (June 9, 2016) (SR– 

MIAX–2016–13). See also Fee Schedule, Section 

5)f). 

purposes of Section 6(b)(8) of the Act.14

The proposed rule change is not 

intended to address competitive issues 

but rather is concerned solely with 

amending Rule 7.13 so that it more 

accurately reflects current practice. 

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 

Within 45 days of the date of 

publication of this notice in the Federal 

Register or within such longer period 

up to 90 days (i) as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or (ii) as to which 

the self-regulatory organization 

consents, the Commission will: 

(A) by order approve or disapprove 

the proposed rule change, or 

(B) institute proceedings to determine 

whether the proposed rule change 

should be 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– 

NYSE–2024–58 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–NYSE–2024–58. 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–NYSE–2024–58 and should be 

submitted on or before October 21, 

2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2024–22264 Filed 9–27–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–101147; File No. SR–MIAX– 

2024–36] 

Self-Regulatory Organizations; Miami 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of a Proposed Rule 

Change To Amend the Fee Schedule 

September 24, 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 

September 10, 2024, Miami 

International Securities Exchange, LLC 

(‘‘MIAX’’ or ‘‘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 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 is filing a proposal to 

amend the MIAX Options Exchange Fee 

Schedule (the ‘‘Fee Schedule’’) to 

amend Section 5)f), Member and NonMember Technical Support Request Fee. 

The text of the proposed rule change 

is available on the Exchange’s website at 

https://www.miaxglobal.com/markets/ 

us-options/all-options-exchanges/rulefilings, at MIAX’s principal office, 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 

Section 5)f), Member and Non-Member 

Technical Support Request Fee, to now 

include in the fee to be assessed to 

Members 3 and non-Members the cost of 

materials necessary for the Exchange’s 

data center personnel to complete such 

technical support. 

Background 

The Exchange established the 

technical support request fee at the 

current hourly rate of $200 per hour in 

2016.4 The Exchange has an 

infrastructure comprised of low latency 

and ultra-low latency proximity 

solutions in several offsite data center 

locales offering universal access to all 

Exchange services via a single common 


ddrumheller on DSK120RN23PROD with NOTICES1