Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices 93379 

11 17 CFR 200.30–3(a)(12), (59). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4The Exchange’s 2013 filing adopting the FINRA 

disciplinary rules represented that the proposed 

Rule 9520 Series would govern eligibility 

proceedings for persons subject to statutory 

disqualifications that are not FINRA members. See 

Securities Exchange Act Release Nos. 68678 

(January 16, 2013), 78 FR 5213, 5230 (January 24, 

2013) (SR–NYSE–2013–02) (Notice); 69045 (March 

5, 2013), 78 FR 15394, 15399 (March 11, 2013) (SR– 

NYSE–2013–02) (Order). At the time, there were 

several member organizations that were not FINRA 

members. Today, only a single member organization 

is also not a FINRA member. All FINRA members 

are subject to the FINRA Rule 9520 Series, which 

is substantively the same as the Exchange’s version. 

Hence, as a practical matter, all member 

organizations would be subject to the same Rule 

9520 standards. 

5See, e.g., Securities Exchange Act Release No. 

98874 (November 7, 2023), 88 FR 78071 (November 

Continued 

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–2024–75 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. 2024–27612 Filed 11–25–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–101670; File No. SR–NYSE– 

2024–76] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Amend 

Rules 3170, 9120, 9522, 9523, and 9524 

November 20, 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 November 

12, 2024, New York Stock Exchange 

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

certain rules to replace ‘‘Department of 

Member Regulation’’ and ‘‘Member 

Regulation’’ with ‘‘Exchange’’ and make 

related changes. 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 

certain rules to replace ‘‘Department of 

Member Regulation’’ and ‘‘Member 

Regulation’’ with ‘‘Exchange’’ and make 

related changes. Specifically, the 

Exchange would amend Rule 3170 

(Tape Recording of Registered Persons 

by Certain Firms) and the following 

rules from the Rule 9000 Series (Code of 

Procedure): Rule 9120 (Definitions); 

Rule 9522 (Initiation of Eligibility 

Proceeding; Member Regulation 

Consideration); Rule 9523 (Acceptance 

of Member Regulation 

Recommendations and Supervisory 

Plans by Consent Pursuant to SEA Rule 

19h-1); and Rule 9524 (Exchange Board 

of Directors Consideration). 

Background 

Rule 3170 governs the tape recording 

of registered persons by certain firms 

and requires certain notifications to be 

made to the Exchange’s Department of 

Member Regulation. 

Rule 9120(j) defines ‘‘Department of 

Member Regulation’’ to mean the 

Department of Member Regulation of 

the Financial Industry Regulatory 

Authority (‘‘FINRA’’) for purposes of the 

Exchange’s disciplinary rules set forth 

in the Rule 8000 and Rule 9000 Series. 

The Rule 9520 Series governs 

eligibility proceedings for persons 

subject to statutory disqualifications.4

Rule 9522 governs the initiation of an 

eligibility proceeding by the Exchange 

and the member organization’s 

obligation to file an application to 

initiate an eligibility proceeding if it has 

been subject to certain disqualifications. 

Further, the rule provides that Member 

Regulation could approve a written 

request for relief from the eligibility 

requirements under certain 

circumstances. 

Rule 9523 allows Member Regulation 

to recommend a supervisory plan to 

which the disqualified member 

organization, sponsoring member 

organization, and/or disqualified 

person, as the case may be, may consent 

and by doing so, waive the right to 

hearing or appeal if the plan is accepted 

and the right to claim bias or 

prejudgment, or prohibited ex parte 

communications. 

Rule 9524 governs requests for review 

by the Exchange Board of Directors of a 

decision to reject a supervisory plan 

under Rule 9523. 

Finally, Rule 0 provides, among other 

things, that Exchange Rules that refer to 

Exchange staff or Exchange departments 

should be understood as also referring 

to FINRA staff and FINRA departments 

acting on behalf of the Exchange 

pursuant to the Regulatory Services 

Agreement (‘‘RSA’’) in existence 

between the Exchange and FINRA, as 

applicable. 

Proposed Rule Change 

The Exchange proposes to replace all 

references to ‘‘Department of Member 

Regulation’’ and ‘‘Member Regulation’’ 

in Rules 3170, 9522, 9523 and 9524 

with ‘‘Exchange’’ or ‘‘the Exchange.’’ 

Consistent with Rule 0, references to the 

Exchange encompass FINRA staff and 

departments acting on the Exchange’s 

behalf pursuant to the RSA. The 

proposed change would simplify the 

Exchange’s rules by eliminating specific 

references that could change over time, 

thereby eliminating the need for 

additional rule changes in the future.5


lotter on DSK11XQN23PROD with NOTICES1
93380 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices 

14, 2023) (SR–NYSE–2023–39) (Notice of Filing and 

Immediate Effectiveness of Proposed Rule Change 

To Amend Rules 9521 and 9522 To Correct 

Obsolete References to a FINRA Department). The 

current rule filing was made to avoid having 

Exchange rules contain similar outdated or 

incorrect references and avoid similar future rule 

filings. 

6See, e.g., Investor Exchange Rule Series 9.520 

(Eligibility Proceedings). 

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

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

9 17 CFR 240.19b–4(f)(6). 

10 17 CFR 240.19b–4(f)(6). 

11 17 CFR 240.19b–4(f)(6)(iii). 

12 15 U.S.C. 78s(b)(2)(B). 

The proposed change is also consistent 

with the rules of other exchanges that 

have adopted FINRA’s disciplinary 

rules and have omitted specific 

references to FINRA departments in 

their Rule 9520 Series.6 Moreover, the 

proposed change would correct the 

reference in Rule 3170 since the 

Exchange does not have a Department of 

Member Regulation. The Exchange 

would also delete Rule 9120(i) 

consisting of the word ‘‘Reserved,’’ as 

well as Rule 9120(j) defining 

Department of Member Regulation for 

purposes of the Exchange’s disciplinary 

rules as unnecessary. The remaining 

definitions would be renumbered. 

In addition, the Exchange proposes to 

delete references to ‘‘Department of 

Member Regulation’’ in subsections 

(a)(1)(B), (a)(3), and (a)(4)(b)(1)(B) of 

Rule 9523 without inserting a reference 

to the Exchange where the deletion will 

clarify that the Exchange is intended. 

Further, in Rule 9524(b), the Exchange 

would delete the reference to ‘‘CRO’’ 

(Chief Regulatory Officer) as redundant. 

The Exchange would also delete the last 

sentence of Rule 9524(a) stating that the 

Exchange Secretary will provide notice 

of a request to review a decision to 

reject a supervisory plan under Rule 

9523 to the CRO and Department of 

Member Regulation as redundant. 

2. Statutory Basis 

The Exchange 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. 

The Exchange believes that the 

proposed changes, taken together, 

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 amendments 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 

transparency and clarity, thereby 

reducing potential confusion. 

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. The 

proposed rule change is not intended to 

address competitive issues but rather is 

concerned solely with deleting and, 

where applicable, replacing, specific 

references to FINRA departments in its 

rules and otherwise adding clarity and 

transparency to the Exchange’s rules. 

Since the proposal does not 

substantively modify system 

functionality or processes on the 

Exchange, the proposed changes will 

not impose any burden on competition. 

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 8 and Rule 

19b–4(f)(6) thereunder.9 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) 

of the Act and Rule 19b–4(f)(6)(iii) 

thereunder. 

A proposed rule change filed under 

Rule 19b–4(f)(6) 10 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b–4(f)(6)(iii),11 the 

Commission may designate a shorter 

time if such action is consistent with the 

protection of investors and the public 

interest. 

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) 12 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– 

NYSE–2024–76 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–2024–76. 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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices 93381 

13 17 CFR 200.30–3(a)(12). 

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. 100479 

(July 9, 2024), 89 FR 57485. 

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

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

7See Securities Exchange Act Release No. 

100810, 89 FR 70234 (August 29, 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-bx-2024-019/srbx2024019.htm. 

8 17 CFR 200.30–3(a)(12). 

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). 

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–2024–76 and should be 

submitted on or before December 17, 

2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–27617 Filed 11–25–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–101666; File No. SR–BX– 

2024–019] 

Self-Regulatory Organizations; Nasdaq 

BX, Inc.; Notice of Withdrawal of a 

Proposed Rule Change To Adopt an 

OTTO Protocol 

November 20, 2024. 

On June 26, 2024, Nasdaq BX, Inc. 

(‘‘BX’’ 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 to 

adopt an OTTO protocol and associated 

fee. The proposed rule change was 

immediately effective upon filing with 

the Commission pursuant to Section 

19(b)(3)(A) of the Act.3 On July 15, 

2024, the proposed rule change was 

published for comment in the Federal 

Register.4 On August 23, 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 November 15, 2024, the Exchange 

withdrew the proposed rule change 

(SR–BX–2024–019). 

For the Commission, by the Division 

of Trading and Markets, pursuant to 

delegated authority.8

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–27613 Filed 11–25–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–101668; File No. SR– 

NYSEAmer–2024–70] 

Self-Regulatory Organizations; NYSE 

American LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Change to Amend Rule 7.37E 

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, NYSE American LLC (‘‘NYSE 

American’’ 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 7.37E 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 7.37E(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 

7.37E(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 


lotter on DSK11XQN23PROD with NOTICES1