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[Federal Register Volume 89, Number 228 (Tuesday, November 26, 2024)]
[Notices]
[Page 93384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27611]

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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).
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    \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).
    \4\ See 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).
    \7\ See 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).
    \9\ See 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.

    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)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-27611 Filed 11-25-24; 8:45 am]
BILLING CODE 8011-01-P
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