Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Exchange's Limited Liability Company Agreement, in Connection With the Name Change of Unit Holder and Make Conforming Changes to the Amended and Restated Limited Liability Company Agreement of Its Facility BOX Market LLC, 5932-5934 [2023-01746]
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lotter on DSK11XQN23PROD with NOTICES1
5932
Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Notices
from consideration or taking action on
an award.
d. If fraud, misrepresentation, or
related misconduct is suspected in
relation to any disclosure submitted to
NASA, then the Grant Officer or
program official also will refer the
matter to the NASA Office of Inspector
General (OIG) and the OGC Acquisition
Integrity Program.
5. Enforcement.
a. If a covered individual knowingly
fails to disclose required information,
NASA may take one or more of the
following enforcement or other actions:
i. Reject a proposal,
ii. Suspend or terminate an award,
iii. Temporarily or permanently
discontinue any or all funding for the
covered individual or entity,
iv. Refer recipients for consideration
of suspension or debarment
proceedings;
v. Refer the failure to disclose to the
NASA OIG for further investigation or to
Federal law enforcement authorities to
determine whether any criminal or civil
laws were violated;
vi. Report the entity in the Contractor
Performance Assessment Reporting
System (CPARS) to alert other Federal
agencies to the noncompliance;
vii. Take one or more of the actions
described in 2 CFR 200.339, Remedies
for noncompliance; or
viii. Take such other actions against
the covered individual or entity as
authorized under applicable law or
regulations.
b. If an enforcement or other action is
necessary, NASA will adhere to the
regulations in 2 CFR 200.340,
Termination; § 200.341, Notification of
termination requirement; and § 200.342,
Opportunities to object, hearings, and
appeals.
[End Provision]
The GCAM, Appendix D, Award
Terms and Conditions, will be revised
to include the following:
[Begin Provision]
D39. Disclosure Requirements
(a) All NASA grant and cooperative
agreement recipients shall comply with
the conflict of interest and conflict of
commitment disclosure requirements in
section 3.3, Conflicts of Interest Policy,
of the NASA Grant and Cooperative
Agreement Manual (GCAM).
[End Provision]
Cheryl Parker,
Federal Register Liaison Officer.
[FR Doc. 2023–00890 Filed 1–27–23; 8:45 am]
BILLING CODE 7510–13–P
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POSTAL SERVICE
Sunshine Act Meetings
Thursday, February 9,
2023, at 9:00 a.m.; Thursday, February
9, 2023, at 4:00 p.m.
PLACE: Washington, DC, at U.S. Postal
Service Headquarters, 475 L’Enfant
Plaza SW, in the Benjamin Franklin
Room.
STATUS: Thursday, February 9, 2023, at
9:00 a.m.–Closed. Thursday, February 9,
2023, at 4:00 p.m.–Open.
MATTERS TO BE CONSIDERED:
TIME AND DATE:
Thursday, February 9, 2023, at 9:00
a.m. (Closed)
1. Strategic Issues.
2. Financial and Operational Matters.
3. Executive Session.
4. Administrative Items.
Thursday, February 9, 2023, at 4:00
p.m. (Open)
1. Remarks of the Chairman of the
Board of Governors.
2. Remarks of the Postmaster General
and CEO.
3. Approval of the Minutes.
4. Committee Reports.
5. Quarterly Financial Report.
6. Quarterly Service Performance
Report.
7. Approval of Tentative Agenda for
May 9 Meeting.
A public comment period will begin
immediately following the adjournment
of the open session on February 9, 2023.
During the public comment period,
which shall not exceed 45 minutes,
members of the public may comment on
any item or subject listed on the agenda
for the open session. Registration of
speakers at the public comment period
is required. Additionally, the public
will be given the option to join the
public comment session and participate
via teleconference. Should you wish to
participate via teleconference, you will
be required to give your first and last
name, a valid email address to send an
invite and a phone number to reach you
should a technical issue arise. Speakers
may register online at https://
www.surveymonkey.com/r/BOG-02-092023. No more than three minutes shall
be allotted to each speaker. The time
allotted to each speaker will be
determined after registration closes.
Registration for the public comment
period, either in person or via
teleconference, will end on February 7
at noon ET. Participation in the public
comment period is governed by 39 CFR
232.1(n).
CONTACT PERSON FOR MORE INFORMATION:
Michael J. Elston, Secretary of the Board
PO 00000
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of Governors, U.S. Postal Service, 475
L’Enfant Plaza SW, Washington, DC
20260–1000. Telephone: (202) 268–
4800.
Michael J. Elston,
Secretary.
[FR Doc. 2023–01949 Filed 1–26–23; 4:15 pm]
BILLING CODE 7710–12–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96744; File No. SR–BOX–
2023–04]
Self-Regulatory Organizations; BOX
Exchange LLC; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend the
Exchange’s Limited Liability Company
Agreement, in Connection With the
Name Change of Unit Holder and Make
Conforming Changes to the Amended
and Restated Limited Liability
Company Agreement of Its Facility
BOX Market LLC
January 24, 2023.
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 January
11, 2023, BOX Exchange LLC (the
‘‘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 amend the
Exchange’s Limited Liability Company
Agreement (the ‘‘Exchange LLC
Agreement’’), in connection with the
name change of Unit Holder. Lastly, the
Exchange proposes to make conforming
changes to the Amended and Restated
Limited Liability Company Agreement
of its facility BOX Market LLC
Agreement (the ‘‘Market LLC
Agreement’’). The text of the proposed
rule change is available from the
principal office of the Exchange, at the
Commission’s Public Reference Room
and also on the Exchange’s internet
website at https://
rules.boxexchange.com/rulefilings.
1 15
2 17
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Notices
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 these statements may be examined at
the places specified in Item IV below.
The self-regulatory organization has
prepared summaries, set forth in
sections A, B, and C below, of 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
lotter on DSK11XQN23PROD with NOTICES1
1. Purpose
The purpose of this filing is to reflect
in the Exchange’s governing documents
changes to the corporate structure of an
Exchange Unit Holder—MX US 2, Inc.
(‘‘MX US 2’’). Specifically, on December
15, 2022, MX US 2 Inc. converted from
a Delaware Corporation to a Delaware
Limited Liability Company and is now
known as MX US 2 LLC. The Exchange
intends for these changes to be effective
upon filing.
As proposed, all references to MX US
2, Inc. will be deleted and revised to
state the new name, MX US 2 LLC. No
other substantive changes are being
proposed in this filing. The Exchange
represents that these changes are
concerned solely with the
administration of the Exchange and do
not affect the meaning, administration,
or enforcement of any rules of the
Exchange or the rights, obligations, or
privileges of Exchange members or their
associated persons is any way.
Accordingly, this filing is being
submitted under Rule 19b–4(f)(3).
2. Statutory Basis
The Exchange believes that the
proposal is consistent with the
requirements of section 6(b) of the Act,3
in general, and section 6(b)(5) of the
Act.4 Specifically, the Exchange
believes the proposed rule change is
consistent with the section 6(b)(1) 5 in
that it enables the Exchange to be so
organized as to have the capacity to be
able to carry out the purposes of the
Exchange Act and to comply, and to
enforce compliance by its exchange
members and persons associate with its
exchange members, with the provisions
3 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
5 15 U.S.C. 78f(b)(1).
4 15
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of the Exchange Act, the rules and
regulations thereunder, and the rules of
the Exchange.
In particular, the proposed change is
a non-substantive change and does not
impact the governance, ownership or
operations of the Exchange. The
Exchange believes that by ensuring that
the Exchange and Market LLC
Agreements accurately reflect the new
legal name of a Unit Holder, the
proposed rule change would reduce
potential investor or market participant
confusion.
Further, the Exchange believes that
the changes to the Exchange and Market
LLC Agreements would remove
impediments to, and perfect the
mechanism of a free and open market
and a national market system and, in
general, protect investors and the public
interest because the change would
accurately reflect the new legal name of
a Unit Holder, 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 updating the
Exchange and Market LLC Agreements
documents to reflect the change in name
of a Unit Holder.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing 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 for 30 days after the date of
the filing, or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest, it has become effective
pursuant to section 19(b)(3)(A) of the
Act 6 and Rule 19b–4(f)(6) 7 thereunder.
6 15
U.S.C. 78s(b)(3)(A).
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,
7 17
PO 00000
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Fmt 4703
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5933
A proposed rule change filed under
Rule 19b–4(f)(6) 8 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),9 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest. The
Exchange has asked the Commission to
waive the 30-day operative delay so that
the proposed rule change may become
operative upon filing. The Exchange
requested the waiver because the
proposed change seeks to accurately
reflect the new legal name of a Unit
Holder which could, in turn, reduce any
potential investor confusion. For this
reason, and because the proposed rule
change does not raise any novel
regulatory issues, the Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
interest. Therefore, the Commission
hereby waives the operative delay and
designates the proposal operative upon
filing.10
At any time within 60 days of the
filing of the 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
to determine whether the proposed rule
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–
BOX–2023–04 on the subject line.
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.
8 17 CFR 240.19b–4(f)(6).
9 17 CFR 240.19b–4(f)(6)(iii).
10 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Notices
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–BOX–2023–04. 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
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–BOX–2023–04 and should
be submitted on or before February 21,
2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–01746 Filed 1–27–23; 8:45 am]
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96742; File No. SR–CBOE–
2023–007]
Self-Regulatory Organizations; Cboe
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Update Its Fees
Schedule
January 24, 2023.
Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on January
17, 2023, Cboe Exchange, Inc. (the
‘‘Exchange’’ or ‘‘Cboe Options’’) 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 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
Cboe Exchange, Inc. (the ‘‘Exchange’’
or ‘‘Cboe Options’’) proposes to update
its Fees Schedule. The text of the
proposed rule change is provided in
Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (https://www.cboe.com/
AboutCBOE/CBOELegalRegulatory
Home.aspx), at the Exchange’s Office of
the Secretary, 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
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
the most significant aspects of such
statements.
1 15
11 17
CFR 200.30–3(a)(12).
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PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00085
Fmt 4703
Sfmt 4703
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend its
Fees Schedule in connection with
certain surcharges, the S&P 500 Index
(‘‘SPX’’) options and SPX weekly
(‘‘SPXW’’) options Lead Market Maker
(‘‘LMM’’) Incentive Programs, and
footnote 49 related to transaction fees in
Mini-SPX Index (‘‘XSP’’) options.3
First, the Exchange proposes to
increase the Index License Surcharge
applicable to orders executed MSCI
Emerging Markets Index (‘‘MXEF’’)
options and MSCI EAFE Index
(‘‘MXEA’’) options (collectively, ‘‘MSCI
options’’) in Rate Table—All Products
Excluding Underlying Symbol List and
to orders executed in A SPX (including
SPXW) options in Rate Table—
Underlying Symbol List A. Specifically,
the Exchange currently assesses an
Index License Surcharge fee of $0.18 per
contract for non-Customer orders
executed in SPX/SPXW and an Index
License Surcharge of $0.12 per contract
for non-Customer orders executed in
MSCI options. The proposed rule
change increases the Index License
Surcharge fee applicable to orders
executed in SPX/SPXW from $0.18 per
contract to $0.20 per contract and the
Index License Surcharge fee applicable
to orders executed in MSCI options from
$0.12 to $0.15. The Exchange notes that
the Index License Surcharge fees in
place for SPX/SPXW and MSCI options
are designed to recoup some of the costs
associated with the licenses for these
indexes.4 The cost of the license
however still works out to more than the
current SPX/SPXW and MSCI Index
License Surcharge fees and the
Exchange therefore proposes changes to
the current Index License Surcharge fees
for SPX/SPXW and MSCI options in
order to continue to offset some of the
costs associated with the licenses for
these indexes.
The Exchange proposes to next adopt
a Floor Broker Solicitation Surcharge
Fee in Rate Table—Underlying Symbol
List A of the Fees Schedule.
Specifically, the Exchange proposes to
assess $0.15 per contract which would
apply to solicited SPX and SPXW orders
where one side is a Customer and both
3 The Exchange initially filed the proposed fee
changes on January 3, 2023 (SR–CBOE–2023–003).
On January 17, 2023, the Exchange withdrew that
filing and submitted this proposal.
4 See Securities Exchange Release Nos. 74854
(April 30, 2015), 80 FR 26124 (May 6, 2015) (SR–
CBOE–2015–041); and 74422 (March 4, 2015), 80
FR 12680 (March 10, 2015) (SR–CBOE–2015–020).
E:\FR\FM\30JAN1.SGM
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Agencies
[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Pages 5932-5934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01746]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-96744; File No. SR-BOX-2023-04]
Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend the
Exchange's Limited Liability Company Agreement, in Connection With the
Name Change of Unit Holder and Make Conforming Changes to the Amended
and Restated Limited Liability Company Agreement of Its Facility BOX
Market LLC
January 24, 2023.
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 January 11, 2023, BOX Exchange LLC (the ``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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the Exchange's Limited Liability
Company Agreement (the ``Exchange LLC Agreement''), in connection with
the name change of Unit Holder. Lastly, the Exchange proposes to make
conforming changes to the Amended and Restated Limited Liability
Company Agreement of its facility BOX Market LLC Agreement (the
``Market LLC Agreement''). The text of the proposed rule change is
available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's internet
website at https://rules.boxexchange.com/rulefilings.
[[Page 5933]]
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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections A, B, and C below, of 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
The purpose of this filing is to reflect in the Exchange's
governing documents changes to the corporate structure of an Exchange
Unit Holder--MX US 2, Inc. (``MX US 2''). Specifically, on December 15,
2022, MX US 2 Inc. converted from a Delaware Corporation to a Delaware
Limited Liability Company and is now known as MX US 2 LLC. The Exchange
intends for these changes to be effective upon filing.
As proposed, all references to MX US 2, Inc. will be deleted and
revised to state the new name, MX US 2 LLC. No other substantive
changes are being proposed in this filing. The Exchange represents that
these changes are concerned solely with the administration of the
Exchange and do not affect the meaning, administration, or enforcement
of any rules of the Exchange or the rights, obligations, or privileges
of Exchange members or their associated persons is any way.
Accordingly, this filing is being submitted under Rule 19b-4(f)(3).
2. Statutory Basis
The Exchange believes that the proposal is consistent with the
requirements of section 6(b) of the Act,\3\ in general, and section
6(b)(5) of the Act.\4\ Specifically, the Exchange believes the proposed
rule change is consistent with the section 6(b)(1) \5\ in that it
enables the Exchange to be so organized as to have the capacity to be
able to carry out the purposes of the Exchange Act and to comply, and
to enforce compliance by its exchange members and persons associate
with its exchange members, with the provisions of the Exchange Act, the
rules and regulations thereunder, and the rules of the Exchange.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f(b).
\4\ 15 U.S.C. 78f(b)(5).
\5\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------
In particular, the proposed change is a non-substantive change and
does not impact the governance, ownership or operations of the
Exchange. The Exchange believes that by ensuring that the Exchange and
Market LLC Agreements accurately reflect the new legal name of a Unit
Holder, the proposed rule change would reduce potential investor or
market participant confusion.
Further, the Exchange believes that the changes to the Exchange and
Market LLC Agreements would remove impediments to, and perfect the
mechanism of a free and open market and a national market system and,
in general, protect investors and the public interest because the
change would accurately reflect the new legal name of a Unit Holder,
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 updating the Exchange and Market LLC Agreements documents
to reflect the change in name of a Unit Holder.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing 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 for 30 days after the date of the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest, it has become
effective pursuant to section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(6) \7\ thereunder.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 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.
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) \8\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\9\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative upon filing. The Exchange requested
the waiver because the proposed change seeks to accurately reflect the
new legal name of a Unit Holder which could, in turn, reduce any
potential investor confusion. For this reason, and because the proposed
rule change does not raise any novel regulatory issues, the Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. Therefore, the
Commission hereby waives the operative delay and designates the
proposal operative upon filing.\10\
---------------------------------------------------------------------------
\8\ 17 CFR 240.19b-4(f)(6).
\9\ 17 CFR 240.19b-4(f)(6)(iii).
\10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the 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 to
determine whether the proposed rule 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 [email protected]. Please include
File Number SR-BOX-2023-04 on the subject line.
[[Page 5934]]
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-BOX-2023-04. 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 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-BOX-2023-04 and should be submitted on
or before February 21, 2023.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-01746 Filed 1-27-23; 8:45 am]
BILLING CODE 8011-01-P