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[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89681-89682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26195]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-101524; File No. 4-443]

Joint Industry Plan; Notice of Filing and Immediate Effectiveness 
of Amendment to the Plan for the Purpose of Developing and Implementing 
Procedures Designed To Facilitate the Listing and Trading of 
Standardized Options To Make Technical Conforming Changes

November 6, 2024.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of 
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given 
that on October 17, 2024, MIAX Sapphire, LLC (``MIAX Sapphire''), Miami 
International Securities Exchange, LLC, MIAX PEARL, LLC, and MIAX 
Emerald, LLC filed with the Securities and Exchange Commission 
(``Commission'') an amendment to the Plan for the Purpose of Developing 
and Implementing Procedures Designed to Facilitate the Listing and 
Trading of Standardized Options (``OLPP'' or ``Plan'').\3\ The

[[Page 89682]]

Commission approved the application of MIAX Sapphire to register as a 
national securities exchange on July 15, 2024.\4\ One of the conditions 
of the Commission's approval of MIAX Sapphire was the requirement for 
the exchange to join the OLPP.\5\ The previous amendment added MIAX 
Sapphire as a Plan Sponsor \6\ of the OLPP.\7\ This amendment restores 
text inadvertently deleted or altered from the Plan as part of the 
prior amendment to add MIAX Sapphire as a Plan Sponsor. The Commission 
is publishing this notice to solicit comments on the amendment from 
interested persons.
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    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ See Letter from Gregory P. Ziegler, Vice President, Senior 
Counsel, MIAX Sapphire, to Vanessa Countryman, Secretary, 
Commission, dated Oct 17, 2024. On July 6, 2001, the Commission 
approved the OLPP, which was proposed by the American Stock Exchange 
LLC (``Amex'') (n/k/a NYSE American, LLC (``NYSE American'')), 
Chicago Board Options Exchange, Incorporated (``Cboe''), 
International Securities Exchange LLC (``ISE'') (n/k/a Nasdaq ISE, 
LLC (``Nasdaq ISE'')), Options Clearing Corporation (``OCC''), 
Philadelphia Stock Exchange, Inc. (``Phlx'') (n/k/a Nasdaq Phlx LLC 
(Nasdaq Phlx)), and Pacific Exchange, Inc. (``PCX'') (n/k/a NYSE 
Arca, Inc. (``NYSE Arca'')). See Securities Exchange Act Release No. 
44521, 66 FR 36809 (July 13, 2001). See also Securities Exchange Act 
Release Nos. 49199 (Feb. 5, 2004), 69 FR 7030 (Feb. 12, 2004) 
(adding Boston Stock Exchange, Inc. as a Sponsor to the OLPP); 57546 
(Mar. 21, 2008), 73 FR 16393 (Mar. 27, 2008) (adding Nasdaq Stock 
Market, LLC (``Nasdaq'') as a Sponsor to the OLPP); 61528 (Feb. 17, 
2010), 75 FR 8415 (Feb. 24, 2010) (adding BATS Exchange, Inc. 
(``BATS'') (n/k/a Cboe BZX Exchange, Inc. (``Cboe BZX'')) as a 
Sponsor to the OLPP); 63162 (Oct. 22, 2010), 75 FR 66401 (Oct. 28, 
2010) (adding C2 Options Exchange Incorporated (``C2'') (n/k/a Cboe 
C2 Exchange, Inc. (``Cboe C2'')) as a sponsor to the OLPP); 66952 
(May 9, 2012), 77 FR 28641 (May 15, 2012) (adding BOX Options 
Exchange LLC (``BOX'') as a Sponsor to the OLPP); 67327 (June 29, 
2012), 77 FR 40125 (July 6, 2012) (adding Nasdaq OMX BX, Inc. 
(``BX'') (n/k/a Nasdaq BX, Inc. (``Nasdaq BX'')) as a Sponsor to the 
OLPP); 70765 (Oct. 28, 2013), 78 FR 65739 (Nov. 1, 2013) (adding 
Topaz Exchange, LLC as a Sponsor to the OLPP (``Topaz'') (n/k/a 
Nasdaq GEMX, LLC (``Nasdaq GEMX''); 70764 (Oct. 28, 2013), 78 FR 
65733 (Nov. 1, 2013) (adding Miami International Securities 
Exchange, LLC (``MIAX'') as a Sponsor to the OLPP); 76822 (Jan. 1, 
2016), 81 FR 1251 (Jan. 11, 2016) (adding EDGX Exchange, Inc. 
(``EDGX'') (n/k/a Cboe EDGX Exchange, Inc. (``Cboe EDGX'')) as a 
Sponsor to the OLPP); 77323 (Mar. 8, 2016), 81 FR 13433 (Mar. 14, 
2016) (adding ISE Mercury, LLC (``ISE Mercury'') (n/k/a Nasdaq MRX, 
LLC (``Nasdaq MRX'')) as a Sponsor to the OLPP); 79897 (Jan. 30, 
2017), 82 FR 9263 (Feb. 3, 2017) (adding MIAX PEARL, LLC (``MIAX 
PEARL'') as a Sponsor to the OLPP); 85228 (Mar. 1, 2019), 84 FR 8355 
(Mar. 7, 2019) (adding MIAX Emerald, LLC (``MIAX Emerald'') as a 
Sponsor to the OLPP); 98388 (Sept. 14, 2023), 88 FR 64963 (Sept. 20, 
2023) (adding MEMX LLC (``MEMX'') as a Sponsor to the OLPP); 100622 
(July 31, 2024), 89 FR 64005 (Aug. 6, 2024) (adding MIAX Sapphire as 
a Sponsor to the OLPP).
    \4\ See Securities and Exchange Act Release No. 100539 (July 15, 
2024), 89 FR 58848 (July 19, 2024) (File No. 10-240) (order granting 
registration as a national securities exchange for MIAX Sapphire).
    \5\ See id. at 58866.
    \6\ A ``Plan Sponsor'' is an Eligible Exchange whose 
participation in the OLPP has become effective pursuant to Section 7 
of the OLPP.
    \7\ See Letter from Gregory P. Ziegler, Vice President, Senior 
Counsel, MIAX Sapphire, to Vanessa Countryman, Secretary, 
Commission, dated July 26, 2024.
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I. Description and Purpose of the Amendment

    The OLPP establishes procedures designed to facilitate the listing 
and trading of standardized options contracts on the options exchanges. 
The amendment to the OLPP restores text inadvertently deleted or 
altered from the Plan as part of the prior amendment to add MIAX 
Sapphire as a Plan Sponsor, which text was approved by the Commission 
in prior amendments to the Plan.

II. Effectiveness of the OLPP Amendment

    The foregoing OLPP amendment has become effective pursuant to Rule 
608(b)(3)(iii) \8\ because it has been designated by the sponsors as 
involving solely technical or ministerial matters. At any time within 
sixty days of the filing of the amendment, the Commission may summarily 
abrogate the amendment and require that it be refiled pursuant to 
paragraph (a)(1) of Rule 608,\9\ if it appears to the Commission that 
such action is necessary or appropriate in the public interest, for the 
protection of investors, or the maintenance of fair and orderly 
markets, to remove impediments to, and perfect the mechanisms of, a 
national market system or otherwise in furtherance of the purposes of 
the Act.
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    \8\ 17 CFR 242.608(b)(3)(iii).
    \9\ 17 CFR 242.608(a)(1).
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III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the amendment is 
consistent with the Act and the rules thereunder. 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 [email protected]. Please include 
file number 4-443 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 4-443. 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 plan that are filed with the Commission, 
and all written communications relating to the plan 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 exchanges. 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 4-
443 and should be submitted on or before December 4, 2024.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(85).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-26195 Filed 11-12-24; 8:45 am]
BILLING CODE 8011-01-P
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