Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To List and Trade the Shares of the Breakwave Tanker Shipping ETF, 67513-67514 [2022-24284]
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 215 / Tuesday, November 8, 2022 / Notices
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Dated: November 3, 2022.
For the Nuclear Regulatory Commission.
Audrey L. Klett,
Senior Project Manager, Plant Licensing
Branch 1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2022–24368 Filed 11–7–22; 8:45 am]
BILLING CODE 7590–01–P
PO 00000
67513
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96213; File No. SR–
NYSEARCA–2022–61]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Designation of a
Longer Period for Commission Action
on a Proposed Rule Change To List
and Trade the Shares of the Breakwave
Tanker Shipping ETF
November 2, 2022.
On September 13, 2022, NYSE Arca,
Inc. (‘‘NYSE Arca’’) 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
list and trade the shares of the
Breakwave Tanker Shipping ETF. The
proposed rule change was published for
comment in the Federal Register on
September 27, 2022.3
Section 19(b)(2) of the Act 4 provides
that within 45 days of the publication of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission shall either
approve the proposed rule change,
disapprove the proposed rule change, or
institute proceedings to determine
whether the proposed rule change
should be disapproved. The 45th day
after publication of the notice for this
proposed rule change is November 11,
2022. The Commission is extending this
45-day time period.
The Commission finds that it is
appropriate to designate a longer period
within which to take action on the
proposed rule change so that it has
sufficient time to consider the proposed
rule change and the comments received.
Accordingly, pursuant to Section
19(b)(2) of the Act,5 the Commission
designates December 26, 2022, as the
date by which the Commission shall
either approve or disapprove, or
institute proceedings to determine
whether to disapprove, the proposed
rule change (File No. SR–NYSEARCA–
2022–61).
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 95853
(Sept. 21, 2022), 87 FR 58552.
4 15 U.S.C. 78s(b)(2).
5 Id.
2 17
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67514
Federal Register / Vol. 87, No. 215 / Tuesday, November 8, 2022 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–24284 Filed 11–7–22; 8:45 am]
BILLING CODE 8011–01–P
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96212; File No. SR–BX–
2022–021]
Self-Regulatory Organizations; Nasdaq
BX, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change to Temporarily Waive
Certain Port-Related Fees at Equity 7,
Section 115 and Equity 7, Section 130
November 2, 2022.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on October
24, 2022, Nasdaq BX, Inc. (‘‘BX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II,
below, which Items have been prepared
by the Exchange. 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 temporarily
waive certain port-related fees at Equity
7, Section 115 and Equity 7, Section
130, as described further below. The
text of the proposed rule change is
available on the Exchange’s website at
https://listingcenter.nasdaq.com/
rulebook/bx/rules, at the principal office
of the Exchange, and at the
Commission’s Public Reference Room.
lotter on DSK11XQN23PROD with NOTICES1
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
Exchange 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 these
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
6 17
CFR 200.30–3(a)(31).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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The purpose of the proposed rule
change is to amend Equity 7, Section
115 and Equity 7, Section 130 to
provide a temporary fee waiver for
newly added OUCH order entry ports
(production and Testing Facility
environments) with the updated version
of the OUCH Order entry protocol,3
referred to as ‘‘OUCH 5.0.’’ The
Exchange has proposed 4 to introduce
this new upgraded version of the OUCH
Order entry protocol that will enable the
Exchange to make functional
enhancements and improvements to
specific Order Types 5 and Order
Attributes.6
Temporary Fee Waiver Pursuant to
Equity 7, Section 115
First, the Exchange proposes to
amend Equity 7, Section 115 to provide
a 30-day waiver of the OUCH
production port fee for up to five 7
newly added OUCH ports with the
updated version of the OUCH Order
entry protocol, OUCH 5.0. The fee
waiver would be offered for a threemonth period, beginning on the date
when OUCH 5.0 first becomes available
on the Exchange, which such date the
Exchange shall announce in an Equity
Trader Alert. At the end of the threemonth period, users would no longer be
eligible for the waiver. A user may only
receive the 30-day waiver once per port
(up to a maximum of five ports) within
3 The OUCH Order entry protocol is a proprietary
protocol that allows subscribers to quickly enter
orders into the System and receive executions.
OUCH accepts limit Orders from members, and if
there are matching Orders, they will execute. Nonmatching Orders are added to the Limit Order Book,
a database of available limit Orders, where they are
matched in price-time priority. OUCH only
provides a method for members to send Orders and
receive status updates on those Orders. See https://
www.nasdaqtrader.com/Trader.aspx?id=OUCH.
4 See Securities Exchange Act Release No. 95695
(September 7, 2022), 87 FR 56122 (September 13,
2022).
5 An ‘‘Order Type’’ is a standardized set of
instructions associated with an Order that define
how it will behave with respect to pricing,
execution, and/or posting to the Exchange Book
when submitted to Nasdaq. See Equity 1, Section
1(a)(11).
6 An ‘‘Order Attribute’’ is a further set of variable
instructions that may be associated with an Order
to further define how it will behave with respect to
pricing, execution, and/or posting to the Exchange
Book when submitted to the Exchange. See id.
7 The fee waiver is limited to a maximum of five
OUCH production ports per Web Central
Registration Depository (‘‘CRD’’) membership.
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Frm 00079
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the three-month window. The Exchange
proposes to offer this temporary waiver
to encourage new, prospective
customers to adopt and returning
customers to migrate to the updated
version of the OUCH Order entry
protocol.
Temporary Fee Waiver Pursuant to
Equity 7, Section 130
Second, the Exchange proposes to
amend Equity 7, Section 130 to provide
a 30-day waiver of the $300 Testing
Facility fee in Section 130(d)(1)(B) for
up to five 8 newly added OUCH Testing
Facility ports with the updated version
of the OUCH Order entry protocol,
OUCH 5.0. This fee waiver would also
be offered for a three-month period,
beginning on a date specified by the
Exchange in an Equity Trader Alert. At
the end of the three-month period, users
would no longer be eligible for the
waiver. A user may only receive the 30day waiver once per port (up to a
maximum of five ports) within the
three-month window. The Testing
Facility provides subscribers with a
virtual System test environment that
closely approximates the production
environment on which they may test
their automated systems that integrate
with the Exchange. For example, the
Testing Facility provides subscribers a
virtual System environment for testing
upcoming releases and product
enhancements, as well as testing firm
software prior to implementation. The
Exchange proposes to offer this
temporary waiver to encourage
customers to test the updated version of
the OUCH Order entry protocol free of
charge.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,9 in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5)
of the Act,10 in particular, in that it
provides for the equitable allocation of
reasonable dues, fees and other charges
among members and issuers and other
persons using any facility, and is not
designed to permit unfair
discrimination between customers,
issuers, brokers, or dealers.
The Exchange’s proposed changes to
its fee schedule are reasonable in several
respects. As a threshold matter, the
Exchange is subject to significant
competitive forces in the market for
equity securities transaction services
that constrain its pricing determinations
8 The fee waiver is limited to a maximum of five
OUCH Testing Facility ports per CRD membership.
9 15 U.S.C. 78f(b).
10 15 U.S.C. 78f(b)(4) and (5).
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]]>Agencies
[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Notices]
[Pages 67513-67514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24284]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-96213; File No. SR-NYSEARCA-2022-61]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To List and Trade the Shares of the Breakwave Tanker Shipping
ETF
November 2, 2022.
On September 13, 2022, NYSE Arca, Inc. (``NYSE Arca'') 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 list and trade
the shares of the Breakwave Tanker Shipping ETF. The proposed rule
change was published for comment in the Federal Register on September
27, 2022.\3\
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 95853 (Sept. 21,
2022), 87 FR 58552.
---------------------------------------------------------------------------
Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days (i) as the Commission may
designate if it finds such longer period to be appropriate and
publishes its reasons for so finding or (ii) as to which the self-
regulatory organization consents, the Commission shall either approve
the proposed rule change, disapprove the proposed rule change, or
institute proceedings to determine whether the proposed rule change
should be disapproved. The 45th day after publication of the notice for
this proposed rule change is November 11, 2022. The Commission is
extending this 45-day time period.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------
The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change and the
comments received. Accordingly, pursuant to Section 19(b)(2) of the
Act,\5\ the Commission designates December 26, 2022, as the date by
which the Commission shall either approve or disapprove, or institute
proceedings to determine whether to disapprove, the proposed rule
change (File No. SR-NYSEARCA-2022-61).
---------------------------------------------------------------------------
\5\ Id.
[[Page 67514]]
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For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------
\6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-24284 Filed 11-7-22; 8:45 am]
BILLING CODE 8011-01-P
