Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices 93383 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

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

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

6 15 U.S.C. 78s(b)(3)(A)(iii). 

7 17 CFR 240.19b–4(f)(6). 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–101667; File No. SR– 

NYSECHX–2024–33] 

Self-Regulatory Organizations; NYSE 

Chicago, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend Rule 7.37 

November 20, 2024. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’),2 and Rule 19b–4 thereunder,3

notice is hereby given that on November 

7, 2024, the NYSE Chicago, Inc. (‘‘NYSE 

Chicago’’ or the ‘‘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 self-regulatory 

organization. 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 

Rule 7.37 to specify the Exchange’s 

source of data feeds from Long-Term 

Stock Exchange, Inc. (‘‘LTSE’’) for 

purposes of order handling, order 

execution, order routing, and regulatory 

compliance. 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 update and 

amend the use of data feeds table in 

Rule 7.37(d), which sets forth on a 

market-by-market basis the specific 

securities information processor (‘‘SIP’’) 

and proprietary data feeds that the 

Exchange utilizes for the handling, 

execution, and routing of orders, and for 

performing the regulatory compliance 

checks related to each of those 

functions. Specifically, the Exchange 

proposes to amend the table in Rule 

7.37(d) to specify that, with respect to 

LTSE, the Exchange will receive a LTSE 

direct feed as its primary source of data 

for order handling, order execution, 

order routing, and regulatory 

compliance, and will use the SIP Data 

Feed as its secondary source for data 

from LTSE. 

The Exchange proposes to make this 

change operative in the fourth quarter of 

2024, and, in any event, before the end 

of the first quarter of 2025. The 

Exchange proposes to announce the 

implementation date of this change by 

Trader Update. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) of the Act,4

in general, and furthers the objectives of 

Section 6(b)(5),5 in particular, because 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. Additionally, the 

Exchange believes that the proposed 

rule change is consistent with the 

Section 6(b)(5) requirement that the 

rules of an exchange not be designed to 

permit unfair discrimination between 

customers, issuers, brokers, or dealers. 

The Exchange believes its proposal to 

update the table in Rule 7.37(e) to 

include the LTSE direct feed will ensure 

that the Rule correctly identifies and 

publicly states on a market-by-market 

basis all of the specific SIP and 

proprietary data feeds that the Exchange 

utilizes for the handling, execution, and 

routing of orders, and for performing the 

regulatory compliance checks for each 

of those functions. The proposed rule 

change also removes impediments to 

and perfects the mechanism of a free 

and open market and protects investors 

and the public interest by providing 

additional specificity, clarity, and 

transparency in the Exchange’s rules. 

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, the 

Exchange believes that the proposal will 

enhance competition because providing 

the public and market participants with 

up-to-date information about the data 

feeds the Exchange will use for the 

handling, execution, and routing of 

orders, as well as for regulatory 

compliance would enhance 

transparency and enable investors to 

better assess the quality of the 

Exchange’s execution and routing 

services. The Exchange also believes the 

proposal would enhance competition 

because it would potentially enhance 

the performance of its order handling 

and execution of orders in equity 

securities by receiving market data 

directly from LTSE. Finally, the 

proposed rule change would not impact 

competition between market 

participants because it will affect all 

market participants equally. 

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 

The Exchange has filed the proposed 

rule change pursuant to Section 

19(b)(3)(A)(iii) of the Act 6 and Rule 

19b–4(f)(6) thereunder.7 Because the 

proposed rule change does not: (i) 

significantly affect the protection of 

investors or the public interest; (ii) 

impose any significant burden on 

competition; and (iii) become operative 

prior to 30 days from the date on which 

it was filed, or such shorter time as the 

Commission may designate, if 

consistent with the protection of 

investors and the public interest, the 

proposed rule change has become 

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


lotter on DSK11XQN23PROD with NOTICES1
93384 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices 

8 15 U.S.C. 78s(b)(3)(A). 

9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) requires a self-regulatory organization to give 

the Commission written notice of its intent to file 

the proposed rule change, along with a brief 

description and text of the proposed rule change, 

at least five business days prior to the date of filing 

of the proposed rule change, or such shorter time 

as designated by the Commission. The Exchange 

has satisfied this requirement. 

10 15 U.S.C. 78s(b)(2)(B). 

11 17 CFR 200.30–3(a)(12), (59). 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A). A proposed rule change 

may take effect upon filing with the Commission if 

it is designated by the exchange as ‘‘establishing or 

changing a due, fee, or other charge imposed by the 

self-regulatory organization on any person, whether 

or not the person is a member of the self-regulatory 

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

4See Securities Exchange Act Release No. 99841 

(March 22, 2024), 89 FR 21648. 

5 15 U.S.C. 78s(b)(3)(C). 

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

7See Securities Exchange Act Release No. 

100160, 89 FR 45036 (May 22, 2024). The 

Commission has received one comment letter on 

the proposed rule change, as well as a response 

from the Exchange to the Order Instituting 

Proceedings. Comments received on the proposed 

rule change are available at: https://www.sec.gov/ 

comments/sr-phlx-2024-15/srphlx202415.htm. 

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

9See Securities Exchange Act Release No. 

101115, 89 FR 78928 (September 26, 2024). The 

Commission designated November 23, 2024, as the 

date by which the Commission shall approve or 

disapprove the proposed rule change. 

10 17 CFR 200.30–3(a)(12). 

of the Act 8 and Rule 19b–4(f)(6)(iii) 

thereunder.9

At any time within 60 days of the 

filing of such 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 

under Section 19(b)(2)(B) 10 of the Act 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– 

NYSECHX–2024–33 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–NYSECHX–2024–33. 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–NYSECHX–2024–33 and should be 

submitted on or before December 17, 

2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–27614 Filed 11–25–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–101664; File No. SR–Phlx– 

2024–15] 

Self-Regulatory Organizations; Nasdaq 

PHLX LLC; Notice of Withdrawal of a 

Proposed Rule Change To Amend the 

Exchange’s Fees for Top of PHLX 

Options (TOPO), PHLX Orders, and 

TOPO Plus Orders 

November 20, 2024. 

On March 20, 2024, Nasdaq PHLX 

LLC (‘‘Phlx’’ or ‘‘Exchange’’) 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 (File Number SR–Phlx–2024–15) 

to increase fees for certain market data 

products. The proposed rule change was 

immediately effective upon filing with 

the Commission pursuant to Section 

19(b)(3)(A) of the Act.3 On March 28, 

2024, the proposed rule change was 

published for comment in the Federal 

Register.4 On May 16, 2024, the 

Commission issued an order 

temporarily suspending the proposed 

rule change pursuant to Section 

19(b)(3)(C) of the Act 5 and 

simultaneously instituting proceedings 

under Section 19(b)(2)(B) of the Act 6 to 

determine whether to approve or 

disapprove the proposed rule change.7

On September 20, 2024, pursuant to 

Section 19(b)(2) of the Exchange Act,8

the Commission designated a longer 

period within which to issue an order 

approving or disapproving the proposed 

rule change.9 On November 19, 2024, 

the Exchange withdrew the proposed 

rule change (SR–Phlx–2024–15). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–27611 Filed 11–25–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–450, OMB Control No. 

3235–0505] 

Proposed Collection; Comment 

Request; Extension: Rule 303 of 

Regulation ATS 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of FOIA Services, 

100 F Street NE, Washington, DC 

20549–2736 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the 

Securities and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

on the existing collection of information 

provided for in Rule 303 of Regulation 

ATS (17 CFR 242.303) under the 

Securities Exchange Act of 1934 (15 

U.S.C. 78a et seq.) (‘‘Exchange Act’’). 

The Commission plans to submit this 


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