Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Withdrawal of Proposed Rule Change To Amend the Cboe EDGX Exchange, Inc. Fee Schedule To Modify the Options Regulatory Fee, 63700 [2019-24870]
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Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Notices
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
approve or disapprove the proposed
rule change.5 On May 7, 2019, NYSE
Arca filed Amendment No. 1 to the
proposed rule change, which replaced
and superseded the proposed rule
change as originally filed, and on May
14, 2019, the Commission published the
proposed rule change, as modified by
Amendment No. 1, for notice and
comment and instituted proceedings
under Section 19(b)(2)(B) of the
Exchange Act 6 to determine whether to
approve or disapprove the proposed
rule change, as modified by Amendment
No. 1.7 On August 12, 2019, the
Commission extended the period for
consideration of the proposed rule
change, as modified by Amendment No.
1, to October 13, 2019.8
On October 9, 2019, the Division of
Trading and Markets, pursuant to
delegated authority,9 issued an order
disapproving the proposed rule change,
as modified by Amendment No. 1.10 On
October 15, 2019, the Secretary of the
Commission notified NYSE Arca that,
pursuant to Commission Rule of
Practice 431,11 the Commission would
review the Division’s action pursuant to
delegated authority and that the
Division’s action pursuant to delegated
authority had been automatically
stayed.12
Accordingly, it is ordered, pursuant to
Commission Rule of Practice 431, that
by December 18, 2019, any party or
other person may file a statement in
support of, or in opposition to, the
action made pursuant to delegated
authority.
It is further ordered that the order
disapproving proposed rule change SR–
NYSEArca–2019–01 shall remain in
effect pending the Commission’s review.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[Release No. 34–87508; File No. SR–
CboeEDGX–2019–051]
[Release No. 34–87500; File No. SR–
CboeBZX–2019–041]
Self-Regulatory Organizations; Cboe
EDGX Exchange, Inc.; Notice of
Withdrawal of Proposed Rule Change
To Amend the Cboe EDGX Exchange,
Inc. Fee Schedule To Modify the
Options Regulatory Fee
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of
Designation of Longer Period for
Commission Action on Proceedings To
Determine Whether To Approve or
Disapprove a Proposed Rule Change
To Amend the Fee Schedule Assessed
on Members To Establish a Monthly
Trading Rights Fee
November 12, 2019.
On August 1, 2019, Cboe EDGX
Exchange, Inc. (‘‘EDGX’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (the ‘‘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 No. SR–
CboeEDGX–2019–051) to modify the
amount of its Options Regulatory Fee
(‘‘ORF’’).3 The proposed rule change
was immediately effective upon filing
with the Commission pursuant to
Section 19(b)(3)(A) of the Act.4 The
proposed rule change was published for
comment in the Federal Register on
August 14, 2019.5 The Commission
received one comment letter on the
proposal.6 On September 30, 2019,
pursuant to Section 19(b)(3)(C) of the
Act, the Commission temporarily
suspended the proposed rule change
and instituted proceedings under
Section 19(b)(2)(B) of the Act to
determine whether to approve or
disapprove the proposed rule change.7
On November 7, 2019, the Exchange
withdrew the proposed rule change
(SR–CboeEDGX–2019–051).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–24870 Filed 11–15–19; 8:45 am]
1 15
5 See Securities Exchange Act Release No. 85461
(Mar. 29, 2019), 84 FR 13339 (Apr. 4, 2019).
6 15 U.S.C. 78s(b)(2)(B).
7 See Securities Exchange Act Release No. 85854
(May 14, 2019), 84 FR 23125 (May 21, 2019).
8 See Securities Exchange Act Release No. 86629
(Aug. 12, 2019), 84 FR 42036 (Aug. 16, 2019).
9 17 CFR 200.30–3(a)(12).
10 See Securities Exchange Act Release No. 87267
(Oct. 9, 2019), 84 FR 55382 (Oct. 16, 2019).
11 See 17 CFR 201.431.
12 See Letter from Secretary of the Commission to
Michael Cavalier, Counsel, and David De Gregorio
Senior Counsel, Intercontinental Exchange/NYSE
(Oct. 15, 2019), available at https://www.sec.gov/
rules/sro/nysearca/2019/34-87267-letter.pdf.
Jkt 250001
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 86611
(August 8, 2019), 84 FR 40447 (August 14, 2019)
(‘‘Notice’’).
4 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).
5 See Notice, supra note 3.
6 See Letter to Vanessa Countryman, Secretary,
Commission, from Ellen Greene, Managing Director,
Securities Industry and Financial Markets
Association (‘‘SIFMA’’), dated August 27, 2019
(‘‘SIFMA Letter’’).
7 See Securities Exchange Act Release No. 87172,
84 FR 53192 (October 4, 2019).
8 17 CFR 200.30–3(a)(12).
2 17
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November 12, 2019.
On May 2, 2019, Cboe BZX Exchange,
Inc. (‘‘BZX’’ or the ‘‘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 amend the BZX fee schedule
to establish a monthly Trading Rights
Fee to be assessed on Members. The
proposed rule change was immediately
effective upon filing with the
Commission pursuant to Section
19(b)(3)(A) of the Act.3 The proposed
rule change was published for comment
in the Federal Register on May 16,
2019.4 On June 28, 2019, the
Commission temporarily suspended the
proposed rule change and instituted
proceedings to determine whether to
approve or disapprove the proposed
rule change.5 In response to the OIP, the
Commission received three comment
letters, including a response letter from
the Exchange.6
Section 19(b)(2) of the Act 7 provides
that, after initiating 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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 See Securities Exchange Act Release No. 85840
(May 10, 2019), 84 FR 22190 (‘‘Notice’’).
5 See Securities Exchange Act Release No. 86233,
84 FR 32230 (July 05, 2019) (‘‘OIP’’).
6 See Letters from Theodore R. Lazo, Managing
Director and Associate General Counsel, SIFMA,
dated July 26, 2019 (‘‘SIFMA Letter’’); Tyler
Gellasch, Executive Director, Healthy Markets,
dated July 26, 2019 (‘‘Healthy Markets Letter’’); and
Rebecca Tenuta, Counsel, Cboe Global Markets,
dated August 9, 2019 (‘‘Exchange Response’’).
7 15 U.S.C. 78s(b)(2).
2 17
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Agencies
[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Notices]
[Page 63700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24870]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-87508; File No. SR-CboeEDGX-2019-051]
Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Withdrawal of Proposed Rule Change To Amend the Cboe EDGX Exchange,
Inc. Fee Schedule To Modify the Options Regulatory Fee
November 12, 2019.
On August 1, 2019, Cboe EDGX Exchange, Inc. (``EDGX'' or
``Exchange'') filed with the Securities and Exchange Commission (the
``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 No. SR-CboeEDGX-2019-051) to modify the
amount of its Options Regulatory Fee (``ORF'').\3\ The proposed rule
change was immediately effective upon filing with the Commission
pursuant to Section 19(b)(3)(A) of the Act.\4\ The proposed rule change
was published for comment in the Federal Register on August 14,
2019.\5\ The Commission received one comment letter on the proposal.\6\
On September 30, 2019, pursuant to Section 19(b)(3)(C) of the Act, the
Commission temporarily suspended the proposed rule change and
instituted proceedings under Section 19(b)(2)(B) of the Act to
determine whether to approve or disapprove the proposed rule change.\7\
On November 7, 2019, the Exchange withdrew the proposed rule change
(SR-CboeEDGX-2019-051).
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 86611 (August 8,
2019), 84 FR 40447 (August 14, 2019) (``Notice'').
\4\ 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).
\5\ See Notice, supra note 3.
\6\ See Letter to Vanessa Countryman, Secretary, Commission,
from Ellen Greene, Managing Director, Securities Industry and
Financial Markets Association (``SIFMA''), dated August 27, 2019
(``SIFMA Letter'').
\7\ See Securities Exchange Act Release No. 87172, 84 FR 53192
(October 4, 2019).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------
\8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-24870 Filed 11-15-19; 8:45 am]
BILLING CODE 8011-01-P