86390 Federal Register / Vol. 89, No. 210 / Wednesday, October 30, 2024 / Notices 

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

2 17 CFR 240.19b–4. 

3The Exchange previously filed to amend the 

Price List on October 1, 2024 (SR–NYSE–2024–63) 

and withdrew such filing on October 10, 2024. 

4See Fourteenth Amended and Restated 

Operating Agreement of New York Stock Exchange 

LLC, Art. IV, Sec. 4.05, available at https://

www.nyse.com/publicdocs/nyse/regulation/nyse/ 

upon the desirability of a hearing on the 

matter, the reason for the request, and 

the issues contested. Persons who wish 

to be notified of a hearing may request 

notification by writing to the 

Commission’s Secretary at SecretarysOffice@sec.gov. 

ADDRESSES: The Commission: 

Secretarys-Office@sec.gov. 

FOR FURTHER INFORMATION CONTACT: 

Shawn Davis, Assistant Director, at 

(202) 551–6413 or Chief Counsel’s 

Office at (202) 551–6821; SEC, Division 

of Investment Management, Chief 

Counsel’s Office, 100 F Street NE, 

Washington, DC 20549–8010. 

BNY Mellon New York Tax Exempt 

Bond Fund, Inc. [File No. 811–03726] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. The applicant has 

transferred its assets to BNY Mellon 

New York AMT-Free Municipal Bond 

Fund, and on May 17, 2024 made a final 

distribution to its shareholders based on 

net asset value. Expenses of $262,765 

incurred in connection with the 

reorganization were paid by the 

applicant. 

Filing Date: The application was filed 

on October 17, 2024. 

Applicant’s Address: c/o BNY Mellon 

Investment Adviser, Inc., 240 

Greenwich Street, New York, New York 

10286. 

Delaware Investments Dividend & 

Income Fund, Inc. [File No. 811–07460] 

Summary: Applicant, a closed-end 

investment company, seeks an order 

declaring that it has ceased to be an 

investment company. The applicant has 

transferred its assets to abrdn Global 

Dynamic Dividend Fund, and on March 

10, 2023 made a final distribution to its 

shareholders based on net asset value. 

Expenses of $288,309 incurred in 

connection with the reorganization were 

paid by the applicant, the applicant’s 

investment adviser, the acquiring fund, 

and the acquiring fund’s investment 

adviser. 

Filing Dates: The application was 

filed on October 27, 2023 and amended 

on October 22, 2024. 

Applicant’s Address: 100 

Independence, 610 Market Street, 

Philadelphia, Pennsylvania 19106– 

2354. 

Macquarie Global Infrastructure Total 

Return Fund Inc. [File No. 811–21765] 

Summary: Applicant, a closed-end 

investment company, seeks an order 

declaring that it has ceased to be an 

investment company. The applicant has 

transferred its assets to abrdn Global 

Infrastructure Income Fund, and on 

March 10, 2023 made a final 

distribution to its shareholders based on 

net asset value. Expenses of $1,223,794 

incurred in connection with the 

reorganization were paid by the 

applicant, the applicant’s investment 

adviser, the acquiring fund, and the 

acquiring fund’s investment adviser. 

Filing Dates: The application was 

filed on October 27, 2023 and amended 

on October 22, 2024. 

Applicant’s Address: 100 

Independence, 610 Market Street, 

Philadelphia, Pennsylvania 19106– 

2354. 

Variable Annuity Account Ten [File No. 

811–23649] 

Summary: Applicant, a unit 

investment trust, seeks an order 

declaring that it has ceased to be an 

investment company. No expenses were 

incurred in connection with the 

liquidation. 

Filing Dates: The application was 

filed on July 17, 2024 and amendments 

on September 6, 2024 and October 24, 

2024. 

Applicant’s Address: 2727–A Allen 

Parkway, Houston, Texas 77019. 

For the Commission, by the Division of 

Investment Management, pursuant to 

delegated authority. 

J. Matthew DeLesDernier, 

Deputy Secretary. 

[FR Doc. 2024–25233 Filed 10–29–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–101425; File No. SR–NYSE– 

2024–66] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Amend Its 

Price List Regarding the Gross FOCUS 

Fee 

October 24, 2024. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on October 

10, 2024, New York Stock Exchange 

LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘SEC’’ or ‘‘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 

The Exchange proposes to amend its 

Price List regarding the gross FOCUS fee 

charged to member organizations, 

effective October 10, 2024.3 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 amend its 

Price List to (1) provide for a temporary 

waiver of the Gross FOCUS fee from 

October 1, 2024 through February 28, 

2025 (the ‘‘Waiver Period’’), and (2) 

delete a reference to a superseded fee. 

The Exchange proposes to implement 

the fee changes effective October 10, 

2024. 

Background 

NYSE Rule 129 provides that the 

Exchange’s Board may, from time to 

time, impose such charge(s) on members 

and member organizations as it deems 

appropriate to reimburse the Exchange, 

in whole or in part, for regulatory 

oversight services provided to the 

membership by the Exchange. 

Generally, the Exchange may only use 

regulatory fees ‘‘to fund the legal, 

regulatory and surveillance operations’’ 

of the Exchange.4


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 210 / Wednesday, October 30, 2024 / Notices 86391 

Fourteenth_Amended_and_Restated_Operating_

Agreement_of_New_York_Stock_Exchange.pdf. 

5The current Gross FOCUS fee of $0.11 per 

$1,000 Gross FOCUS Revenue was adopted in 

October 2020, effective January 1, 2021. Given that 

the new rate was not proposed to be implemented 

until January 1, 2021, both rates were reflected in 

the Price List. As discussed below, the Exchange 

proposes to delete as obsolete the old rate and the 

language following the current $0.11 rate. 

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

7 15 U.S.C. 78f(b)(4) & (5). 8See note 4, supra. 

Consistent with the foregoing, the 

Exchange currently charges each 

member organization a monthly 

regulatory fee of $0.11 per $1,000 of 

gross revenue reported on its FOCUS 

Report (‘‘Gross FOCUS Fee’’).5 Member 

organizations are subject to certain 

minimum annual Gross FOCUS Fees, 

which are $500 for carrying firms and 

designated market makers, $250 for 

introducing firms, and $45 for member 

organizations who do not conduct a 

public business. 

The revenue collected pursuant to the 

Gross FOCUS Fee funds the 

performance of the Exchange’s 

regulatory activities with respect to 

member organizations. More 

specifically, the Gross FOCUS Fee funds 

a material portion, but not all, of the 

Exchange’s expenses related to its 

regulatory program, including legal 

expenses associated with regulation, the 

costs related to in-house staff, thirdparty service providers, and technology 

that facilitates regulatory functions such 

as surveillance, investigation, 

examinations, and enforcement. Gross 

FOCUS Fee funds may also be used for 

indirect expenses such as human 

resources and other administrative costs 

(collectively, ‘‘Regulatory Costs’’). 

The Exchange monitors the amount of 

revenue collected from the Gross 

FOCUS Fee to ensure that these funds, 

in combination with its other regulatory 

fees and fines, do not exceed Regulatory 

Costs. The Exchange monitors 

Regulatory Costs and revenues on an 

annual basis, at a minimum. If the 

Exchange determines that regulatory 

revenues exceed or are projected to 

exceed Regulatory Costs, the Exchange 

will adjust the Gross FOCUS Fee 

downward or seek a partial waiver of 

the fee by submitting a filing to the 

Commission. As described below, the 

Exchange has determined that 

continued collection of Gross FOCUS 

Fees at the current rate for the proposed 

Waiver Period would exceed a material 

portion of the Exchange’s anticipated 

Regulatory Costs (as noted above), 

justifying the proposed waiver of the 

Gross FOCUS Fee for member 

organizations through the end of 

February 2025. 

Proposed Rule Change 

Based on the Exchange’s recent 

review of current and anticipated 

Regulatory Costs and Gross FOCUS Fee 

revenue, the Exchange proposes to 

waive the Gross FOCUS Fee from 

October 1, 2024 through February 28, 

2025 in order to help ensure that the 

amounts collected from the Gross 

FOCUS Fee, in combination with other 

regulatory fees and fines, do not exceed 

the Exchange’s total projected 

Regulatory Costs. The Exchange 

proposes to reduce the Gross FOCUS 

Fee because it believes that if the fee is 

not adjusted, Gross FOCUS Fee revenue 

to the Exchange year-over-year could 

exceed a material portion of the 

Exchange’s Regulatory Costs. The 

Exchange’s position is based on its 

periodic analysis of actual and 

anticipated costs to fund its regulatory 

program and revenue to offset those 

costs, including the Gross FOCUS Fee, 

and takes into consideration both that 

the last Gross FOCUS Fee adjustment 

was more than three years ago, and the 

projected regulatory spending landscape 

going forward. Moreover, the Exchange 

believes that a five-month waiver rather 

than adjusting the fee would most 

efficiently accomplish the goal of 

reasonably ensuring that Gross FOCUS 

Fee collection does not exceed 

anticipated Regulatory Costs, and allow 

for further consideration of the 

appropriate Gross FOCUS Fee rate going 

forward. 

The Exchange would announce the 

proposed waiver of the Gross FOCUS 

Fee by Trader Update. 

Finally, as noted above, the Exchange 

adopted the current Gross FOCUS Fee of 

$0.11 per $1,000 Gross FOCUS Revenue 

in October 2020, effective January 1, 

2021. Given that the new rate was not 

proposed to be implemented until 

January 1, 2021, both rates were 

reflected in the Price List. The Exchange 

proposes to delete as obsolete the old 

rate and the language following the 

current $0.11 rate that reads ‘‘as of 

January 1, 2021.’’ 

The proposed change is not otherwise 

intended to address other issues, and 

the Exchange is not aware of any 

significant problems that market 

participants would have in complying 

with the proposed changes. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

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

furthers the objectives of Sections 

6(b)(4) and (5) of the Act,7 in particular, 

because it provides for the equitable 

allocation of reasonable dues, fees, and 

other charges among its members, 

issuers and other persons using its 

facilities and does not unfairly 

discriminate between customers, 

issuers, brokers or dealers. 

The Proposed Change Is Reasonable 

The Exchange believes the proposed 

fee change is reasonable because it 

would help ensure that revenue 

collected from the Gross FOCUS Fee 

does not exceed a material portion of 

the Exchange’s projected Regulatory 

Costs. The Exchange has targeted the 

Gross FOCUS Fee to generate revenues 

that would be less than or equal to the 

Exchange’s regulatory costs, which is 

consistent with both Rule 129 and the 

Commission’s view that regulatory fees 

be used for regulatory purposes. As 

noted above, the principle that the 

Exchange may only use regulatory fees 

‘‘to fund the legal, regulatory, and 

surveillance operations’’ of the 

Exchange is reflected in the Exchange’s 

operating agreement.8 In this regard, the 

Gross FOCUS Fee has been calculated to 

recover a material portion, but not all, 

of the Exchange’s Regulatory Costs. As 

also noted above, based on the 

Exchange’s recent review of current and 

projected regulatory costs and Gross 

FOCUS Fee collections, a five-month 

waiver of the Gross FOCUS Fee, which 

was last adjusted more than three years 

ago, would be the most efficient way to 

lessen the potential for generating 

excess funds that may otherwise occur 

using the current rate and allow for 

further consideration of the appropriate 

Gross FOCUS Fee rate going forward. 

The Exchange thus believes that the 

proposed waiver would be a fair and 

reasonable method for ensuring that the 

amounts collected from the Gross 

FOCUS Fee, in combination with other 

regulatory fees and fines, do not 

potentially exceed Regulatory Costs. 

The Exchange further believes that 

resuming the current rate as of March 1, 

2025 would be reasonable because it 

would permit the Exchange to resume 

assessing the Gross FOCUS Fee in a way 

that is designed to recover a material 

portion, but not all, of the Exchange’s 

projected Regulatory Costs. The 

Exchange would continue monitoring 

Regulatory Costs in advance of the fee 

resumption next year and, if the 

Exchange determines that the rate 

should be further modified to help 

ensure that Gross FOCUS Fee 

collections would not exceed a material 

portion of Regulatory Costs, would 


ddrumheller on DSK120RN23PROD with NOTICES1
86392 Federal Register / Vol. 89, No. 210 / Wednesday, October 30, 2024 / Notices 

9 15 U.S.C. 78f(b)(8). 

10 15 U.S.C. 78s(b)(3)(A)(ii). 

11 17 CFR 240.19b–4. 

make an appropriate rule filing with the 

Commission. 

The Exchange further believes that the 

proposed deletion of references to a 

superseded Gross FOCUS Fee would 

increase the clarity and transparency of 

the Exchange’s rules and remove 

impediments to and perfect the 

mechanism of a free and open market by 

ensuring that persons subject to the 

Exchange’s jurisdiction, regulators, and 

the investing public could more easily 

navigate and understand the Exchange 

rules. The Exchange further believes 

that the proposed change would not be 

inconsistent with the public interest and 

the protection of investors because 

investors will not be harmed and in fact 

would benefit from increased clarity, 

thereby reducing potential confusion. 

The Proposal Is an Equitable Allocation 

of Fees 

The Exchange believes its proposal is 

an equitable allocation of fees among its 

market participants. The Exchange 

further believes that the proposed Gross 

FOCUS Fee waiver would benefit all 

member organizations because all 

member organizations would be eligible 

for the waiver, and would benefit from 

the waiver, on full and equal terms. For 

the same reasons, the proposed waiver 

neither targets nor will it have a 

disparate impact on any particular 

category of market participant. All 

member organizations would qualify for 

the waiver of the Gross FOCUS Fee on 

an equal and non-discriminatory basis. 

The Exchange also believes that 

recommencing the Gross FOCUS Fee 

effective March 1, 2025, at the current 

rate, unless the Exchange determines it 

would be necessary to further adjust the 

fee, is equitable because the Gross 

FOCUS Fee would resume applying to 

all member organizations on an equal 

basis. 

The Exchange further believes the 

proposed change supports an equitable 

allocation of fees and credits among its 

market participants because it would 

eliminate obsolete text from the Price 

List describing pricing that is no longer 

applicable to any market participants. 

Accordingly, the Exchange believes the 

proposal would impact all similarly 

situated member organizations on an 

equal basis. The Exchange also believes 

that the proposed change would 

promote investor protection and the 

public interest because the deletion of 

superseded fees from the Price List 

would enhance the clarity of the Price 

List and reduce confusion regarding fees 

and credits currently applicable to 

market participants who transact on the 

Exchange. 

The Proposal Is Not Unfairly 

Discriminatory 

The Exchange believes that the 

proposal is not unfairly discriminatory. 

The proposed waiver of the Gross 

FOCUS Fee would benefit all similarlysituated market participants on an equal 

and non-discriminatory basis. Moreover, 

the proposal neither targets nor will it 

have a disparate impact on any 

particular category of market 

participant. The proposed fee change is 

designed to pause collection of a fee that 

applies to member organizations on an 

equal and non-discriminatory basis, 

waiver of which would apply to and 

benefit all member organizations 

equally. The Exchange also believes that 

recommencing the Gross FOCUS Fee on 

March 1, 2025 at the current rate, unless 

the Exchange determines it would be 

necessary to further adjust the rate to 

ensure that collections do not exceed a 

material portion of its Regulatory Costs, 

is not unfairly discriminatory because 

the resumed fee would apply equally to 

all member organizations. 

In addition, the proposed elimination 

of obsolete pricing would affect all 

market participants on an equal and 

non-discriminatory basis, as the fee with 

which such pricing is associated is no 

longer available to any market 

participants. The Exchange also believes 

that the proposed change would protect 

investors and the public interest 

because the deletion of superseded 

pricing programs would facilitate 

market participants’ understanding of 

the pricing currently applicable on the 

Exchange. 

For the foregoing reasons, the 

Exchange believes that the proposal is 

consistent with the Act. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

In accordance with Section 6(b)(8) of 

the Act,9 the Exchange believes that the 

proposed rule change would not impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

Intramarket Competition. The 

Exchange believes the proposed fee 

change would not impose an undue 

burden on competition as the fee waiver 

would apply to all member 

organizations on an equal and nondiscriminatory basis. The Exchange 

believes that the proposed waiver would 

also not place certain market 

participants at an unfair disadvantage 

because all member organizations 

would be eligible for the same waiver. 

For the same reasons, the proposed fee 

waiver neither targets nor will it have a 

disparate impact on any particular 

category of market participant. All 

similarly-situated member organizations 

would be eligible for the proposed 

waiver. The Exchange also believes 

recommencing the Gross FOCUS Fee on 

March 1, 2025 at the same current rate 

(unless the Exchange determines it 

necessary at that time to adjust the fee 

to ensure that collections do not exceed 

a material portion of its Regulatory 

Costs) would not impose an undue 

burden on competition because the 

proposed rate would apply equally to all 

member organizations subject to the 

Gross FOCUS Fee and would permit the 

Exchange to resume assessing a fee that 

is designed to recover a material 

portion, but not all, of the Exchange’s 

projected Regulatory Costs. 

Intermarket Competition. The 

proposed fee change is not designed to 

address any competitive issues. Rather, 

the proposed change is designed to help 

the Exchange adequately fund its 

regulatory activities while seeking to 

ensure that total collections from 

regulatory fees do not exceed total 

Regulatory Costs. 

Finally, that portion of the proposal 

that relates to elimination of a reference 

to a superseded fee would not have any 

impact on intra- or inter-market 

competition because the proposed 

change is solely designed to enhance the 

clarity and transparency of the Price List 

and alleviate possible customer 

confusion that may arise from inclusion 

of a reference to a superseded fee. 

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 

Pursuant to Section 19(b)(3)(A)(ii) of 

the Act,10 and Rule 19b–4(f)(2) 

thereunder 11 the Exchange has 

designated this proposal as establishing 

or changing a due, fee, or other charge 

imposed on any person, whether or not 

the person is a member of the selfregulatory organization, which renders 

the proposed rule change effective upon 

filing. 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 210 / Wednesday, October 30, 2024 / Notices 86393 

12 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 100034 

(April 25, 2024), 89 FR 35255. Comments on the 

proposed rule change are available at: https://

www.sec.gov/comments/sr-cboebzx-2024-026/ 

srcboebzx2024026.htm. 

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

5See Securities Exchange Act Release No. 

100248, 89 FR 48202 (June 5, 2024). 

6 15 U.S.C. 78s(b)(2)(B). 

7See Securities Exchange Act Release No. 

100522, 89 FR 58463 (July 18, 2024). 

8 15 U.S.C. 78s(b)(2). 

9 Id. 

10 17 CFR 200.30–3(a)(57). 

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

2 17 CFR 240.19b–4. 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. 

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–2024–66 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–2024–66. 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–2024–66, and should be 

submitted on or before November 20, 

2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–25142 Filed 10–29–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–101422; File No. SR– 

CboeBZX–2024–026] 

Self-Regulatory Organizations; Cboe 

BZX Exchange, Inc.; Notice of 

Designation of a Longer Period for 

Commission Action on Proceedings To 

Determine Whether To Approve or 

Disapprove a Proposed Rule Change 

To Permit the Generic Listing and 

Trading of Multi-Class ETF Shares 

October 23, 2024. 

On April 15, 2024, Cboe BZX 

Exchange, Inc. (‘‘BZX’’) 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 BZX Rule 14.11(l) to permit the 

generic listing and trading of MultiClass ETF Shares. The proposed rule 

change was published for comment in 

the Federal Register on May 1, 2024.3

On May 30, 2024, pursuant to Section 

19(b)(2) of the Act,4 the Commission 

designated a longer period within which 

to approve the proposed rule change, 

disapprove the proposed rule change, or 

institute proceedings to determine 

whether to disapprove the proposed 

rule change.5 On July 12, 2024, the 

Commission instituted proceedings 

pursuant to Section 19(b)(2)(B) of the 

Act 6 to determine whether to approve 

or disapprove the proposed rule 

change.7

Section 19(b)(2) of the Act 8 provides 

that, after initiating disapproval 

proceedings, the Commission shall issue 

an order approving or disapproving the 

proposed rule change not later than 180 

days after the date of publication of 

notice of filing of the proposed rule 

change. The Commission may extend 

the period for issuing an order 

approving or disapproving the proposed 

rule change, however, by not more than 

60 days if the Commission determines 

that a longer period is appropriate and 

publishes the reasons for such 

determination. The proposed rule 

change was published for notice and 

comment in the Federal Register on 

May 1, 2024. October 28, 2024 is 180 

days from that date, and December 27, 

2024 is 240 days from that date. 

The Commission finds it appropriate 

to designate a longer period within 

which to issue an order approving or 

disapproving 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,9 designates 

December 27, 2024 as the date by which 

the Commission shall either approve or 

disapprove the proposed rule change 

(File No. SR–CboeBZX–2024–026). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–25060 Filed 10–29–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–101428; File No. SR– 

CBOE–2024–047] 

Self-Regulatory Organizations; Cboe 

Exchange, Inc.; Notice of Filing of a 

Proposed Rule Change To Amend Its 

Rules Regarding the Types of Complex 

Orders Available for Flexible Exchange 

Options (‘‘FLEX’’) Trading at the 

Exchange 

October 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 October 

11, 2024, Cboe Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘Cboe Options’’) 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 Commission is publishing this 

notice to solicit comments on the 


ddrumheller on DSK120RN23PROD with NOTICES1