Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend NYSE Rule 4120, 6793-6795 [2023-01999]
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Federal Register / Vol. 88, No. 21 / Wednesday, February 1, 2023 / Notices
on the conduct of the 29th Actuarial
Valuation of the Railroad Retirement
System. The agenda for this meeting
will include a discussion of the
assumptions to be used in the 29th
Actuarial Valuation. A report containing
recommended assumptions and the
experience on which the
recommendations are based will have
been sent by the Chief Actuary to the
Committee before the meeting.
The virtual meeting will be open to
the public. Persons wishing to submit
written statements, make oral
presentations, or attend the meeting
should address their communications or
notices to Patricia Pruitt
(Patricia.Pruitt@rrb.gov) so that
information on how to join the virtual
meeting can be provided.
Dated: January 27, 2023.
Stephanie Hillyard,
Secretary to the Board.
[FR Doc. 2023–02077 Filed 1–31–23; 8:45 am]
BILLING CODE 7905–01–P
BNY Mellon Alcentra Opportunistic
Global Credit Income Fund [File No.
811–23651]
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
34821]
Notice of Applications for
Deregistration
January 27, 2023.
Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’).
ACTION: Notice of Applications for
Deregistration under Section 8(f) of the
Investment Company Act of 1940.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
The following is a notice of
applications for deregistration under
section 8(f) of the Investment Company
Act of 1940 for the month of January
2023. A copy of each application may be
obtained via the Commission’s website
by searching for the applicable file
number listed below, or for an applicant
using the Company name search field,
on the SEC’s EDGAR system. The SEC’s
EDGAR system may be searched at
https://www.sec.gov/edgar/searchedgar/
legacy/companysearch.html. You may
also call the SEC’s Public Reference
Room at (202) 551–8090. An order
granting each application will be issued
unless the SEC orders a hearing.
Interested persons may request a
hearing on any application by emailing
the SEC’s Secretary at SecretarysOffice@sec.gov and serving the relevant
applicant with a copy of the request by
email, if an email address is listed for
the relevant applicant below, or
personally or by mail, if a physical
address is listed for the relevant
VerDate Sep<11>2014
21:04 Jan 31, 2023
Jkt 259001
applicant below. Hearing requests
should be received by the SEC by 5:30
p.m. on February 21, 2023, and should
be accompanied by proof of service on
applicants, in the form of an affidavit or,
for lawyers, a certificate of service.
Pursuant to Rule 0–5 under the Act,
hearing requests should state the nature
of the writer’s interest, any facts bearing
upon the desirability of a hearing on the
matter, the reason for the request, and
the issues contested. Persons who wish
to be notified of a hearing may request
notification by writing to the
Commission’s Secretary at SecretarysOffice@sec.gov.
ADDRESSES: The Commission:
Secretarys-Office@sec.gov.
FOR FURTHER INFORMATION CONTACT:
Shawn Davis, Assistant Director, at
(202) 551–6413 or Chief Counsel’s
Office at (202) 551–6821; SEC, Division
of Investment Management, Chief
Counsel’s Office, 100 F Street NE,
Washington, DC 20549–8010.
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. On November 28,
2022, applicant made liquidating
distributions to its shareholders based
on net asset value. Expenses of $1,500
incurred in connection with the
liquidation were paid by the applicant’s
investment adviser.
Filing Date: The application was filed
on December 2, 2022.
Applicant’s Address: c/o BNY Mellon
Investment Adviser, Inc., 240
Greenwich Street, New York, New York
10286.
Emles Trust [File No. 811–23431]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On October 28,
2022, applicant made a liquidating
distribution to its shareholders based on
net asset value. Expenses of $73,420
incurred in connection with the
liquidation were paid by the applicant’s
investment adviser.
Filing Dates: The application was
filed on December 27, 2022.
Applicant’s Address:
Kimberly.Versace@thompsonhine.com.
Invested Portfolios [File No. 811–10431]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On June 7, 2022,
applicant made a liquidating
distribution to its shareholders based on
net asset value. Expenses of $14,603
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6793
incurred in connection with the
liquidation were paid by the applicant.
Filing Date: The application was filed
on December 29, 2022.
Applicant’s Address: ebrody@
stradley.com, jkopcsik@stradley.com.
Western Asset Middle Market Income
Fund Inc. [File No. 811–22582]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. On December 21,
2022, applicant made liquidating
distributions to its shareholders based
on net asset value. Expenses of $37,500
incurred in connection with the
liquidation were paid by the applicant.
Filing Date: The application was filed
on December 28, 2022.
Applicant’s Address: George.hoyt@
franklintempleton.com.
For the Commission, by the Division of
Investment Management, pursuant to
delegated authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–02110 Filed 1–31–23; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96753; File No. SR–NYSE–
2023–07]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
NYSE Rule 4120
January 26, 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
24, 2023, 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 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
NYSE Rule 4120 (Regulatory
Notification and Business Curtailment)
to correct a cross-reference in
1 15
2 17
E:\FR\FM\01FEN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
01FEN1
6794
Federal Register / Vol. 88, No. 21 / Wednesday, February 1, 2023 / Notices
subsections (a)(1)(C) and (c)(1)(C). 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
NYSE Rule 4120 to correct a crossreference in subsections (a)(1)(C) and
(c)(1)(C).
NYSE Rules 4120(a)(1)(C) and
4120(c)(1)(C) require member
organizations to notify the Exchange if
its net capital falls below the level
specified in Securities Exchange Act
(‘‘SEA’’) Rule 17a–11(c)(2). The correct
cross reference in both rules should be
to SEA Rule 17a–11(b)(2). A recent
amendment to SEA Rule 17a–11
resulted in a numbering change, and so
what was previously SEA Rule 17a–
11(c)(2) is now SEA 17a–11(b)(2).3 The
Exchange accordingly proposes to
correct the cross-reference in NYSE
Rules 4120(a)(1)(C) and 4120(c)(1)(C) by
replacing SEA Rule 17a–11(c)(2) with
SEA Rule 17a–11(b)(2).
lotter on DSK11XQN23PROD with NOTICES1
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b)(5) of the Exchange Act,4 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
3 See Securities Exchange Act Release No. 87005,
84 FR 68550 (December 16, 2019) (Recordkeeping
and Reporting Requirements for Security-Based
Swap Dealers, Major Security-Based Swap
Participants, and Broker-Dealers).
4 15 U.S.C. 78f(b)(5).
VerDate Sep<11>2014
21:04 Jan 31, 2023
Jkt 259001
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 change to NYSE Rules
4120(a)(1)(C) and 4120(c)(1)(C) to
correct a cross-reference to a previously
renumbered subsection would remove
impediments to and perfect the
mechanism of a free and open market
and a national market system because
the proposed change is designed to
update an external rule reference. The
Exchange believes that member
organizations would benefit from the
increased clarity, thereby reducing
potential confusion and ensuring that
persons subject to the Exchange’s
jurisdiction, regulators, and the
investing public can more easily
navigate and understand the Exchange’s
rules. The Exchange further believes
that the proposed amendment 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
clarity, thereby reducing potential
confusion.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
In accordance with Section 6(b)(8) of
the Act,5 the Exchange believes that the
proposed rule change would not 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 is rather
concerned with making a correction to
Exchange 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 6 and Rule
19b–4(f)(6) thereunder.7 Because the
proposed rule change does not: (i)
significantly affect the protection of
5 15
U.S.C. 78f(b)(8).
U.S.C. 78s(b)(3)(A)(iii).
7 17 CFR 240.19b–4(f)(6).
6 15
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Sfmt 4703
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 8 and Rule 19b–4(f)(6)(iii)
thereunder.9
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. The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing.
The Commission believes that waiver
of the operative delay is consistent with
the protection of investors and the
public interest because it will allow the
Exchange to correct promptly its rule
numbering in order to alleviate potential
investor or market participant confusion
and add clarity to its rules. Accordingly,
the Commission hereby waives the 30day operative delay and designates the
proposal operative upon filing.12
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) 13 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
8 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,
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.
10 17 CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6)(iii).
12 For purposes only of accelerating the operative
date of this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
13 15 U.S.C. 78s(b)(2)(B).
9 17
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Federal Register / Vol. 88, No. 21 / Wednesday, February 1, 2023 / Notices
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:
• 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–2023–07 on the subject line.
Paper Comments
lotter on DSK11XQN23PROD with NOTICES1
• 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–2023–07. 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–NYSE–2023–07 and should
be submitted on or before February 22,
2023.
21:04 Jan 31, 2023
[FR Doc. 2023–01999 Filed 1–31–23; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
VerDate Sep<11>2014
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Sherry R. Haywood,
Assistant Secretary.
Jkt 259001
[Release No. 34–96752; File No. SR–MIAX–
2023–01]
Self-Regulatory Organizations; Miami
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Amend Exchange Rule 518,
Complex Orders
January 26, 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
19, 2023, Miami International Securities
Exchange, LLC (‘‘MIAX Options’’ 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 Exchange. The Exchange filed the
proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(6) thereunder.4 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 is filing a proposal to
amend Exchange Rule 518, Complex
Orders.
The text of the proposed rule change
is available on the Exchange’s website at
https://www.miaxoptions.com/rulefilings/ at MIAX Options’ principal
office, 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
14 17
CFR 200.30–3(a)(12), (59).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
1 15
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6795
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 Exchange proposes to amend
Rule 518, Complex Orders, to (i) adopt
definitions for the terms ‘‘conforming
ratio,’’ and ‘‘non-conforming ratio;’’ (ii)
amend the current definition of a
complex order to incorporate the
proposed conforming and nonconforming ratio definitions; (iii) adopt
new subsection (v) to Exchange Rule
518(c)(1) to describe the processing of a
complex order with a non-conforming
ratio; (iv) amend Exchange Rule
518(c)(2)(ii) to distinguish icMBBO
protection for complex orders with
conforming ratios and complex orders
with non-conforming ratios; and (v)
make minor clarifying edits throughout
Exchange Rule 518 to distinguish order
handling of complex orders with
conforming ratios. Additionally, the
Exchange proposes to amend Rule
515A, MIAX Price Improvement
Mechanism (‘‘PRIME’’) and PRIME
Solicitation Mechanism, to describe
new scenarios which will cause a
cPRIME Auction 5 to terminate prior to
the end of the RFR period. Finally, the
Exchange proposes to update Exchange
Rule 515 and Rule 516 to correct
internal cross references that have
changed as a result of this proposal.
Background
Currently the Exchange defines a
‘‘complex order’’ as any order involving
the concurrent purchase and/or sale of
two or more different options in the
same underlying security (the ‘‘legs’’ or
‘‘components’’ of the complex order),
for the same account, in a ratio that is
equal to or greater than one-to-three
(.333) and less than or equal to three-toone (3.00) and for the purposes of
executing a particular investment
strategy. Mini-options may only be part
of a complex order that includes other
mini-options. Only those complex
orders in the classes designated by the
5 Members may use PRIME to execute complex
orders at a net price. ‘‘cPRIME’’ is the process by
which a Member may electronically submit a
cPRIME Order (as defined in Rule 518(b)(7)) it
represents as agent (a ‘‘cPRIME Agency Order’’)
against principal or solicited interest for execution
(a ‘‘cPRIME Auction’’). See Exchange Rule 515A,
Interpretations and Policies .12(a).
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]]>Agencies
[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Notices]
[Pages 6793-6795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01999]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-96753; File No. SR-NYSE-2023-07]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend NYSE Rule 4120
January 26, 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 24, 2023, 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 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.
---------------------------------------------------------------------------
\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 NYSE Rule 4120 (Regulatory
Notification and Business Curtailment) to correct a cross-reference in
[[Page 6794]]
subsections (a)(1)(C) and (c)(1)(C). 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 NYSE Rule 4120 to correct a cross-
reference in subsections (a)(1)(C) and (c)(1)(C).
NYSE Rules 4120(a)(1)(C) and 4120(c)(1)(C) require member
organizations to notify the Exchange if its net capital falls below the
level specified in Securities Exchange Act (``SEA'') Rule 17a-11(c)(2).
The correct cross reference in both rules should be to SEA Rule 17a-
11(b)(2). A recent amendment to SEA Rule 17a-11 resulted in a numbering
change, and so what was previously SEA Rule 17a-11(c)(2) is now SEA
17a-11(b)(2).\3\ The Exchange accordingly proposes to correct the
cross-reference in NYSE Rules 4120(a)(1)(C) and 4120(c)(1)(C) by
replacing SEA Rule 17a-11(c)(2) with SEA Rule 17a-11(b)(2).
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 87005, 84 FR 68550
(December 16, 2019) (Recordkeeping and Reporting Requirements for
Security-Based Swap Dealers, Major Security-Based Swap Participants,
and Broker-Dealers).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b)(5) of the Exchange Act,\4\ 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.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposed change to NYSE Rules
4120(a)(1)(C) and 4120(c)(1)(C) to correct a cross-reference to a
previously renumbered subsection would remove impediments to and
perfect the mechanism of a free and open market and a national market
system because the proposed change is designed to update an external
rule reference. The Exchange believes that member organizations would
benefit from the increased clarity, thereby reducing potential
confusion and ensuring that persons subject to the Exchange's
jurisdiction, regulators, and the investing public can more easily
navigate and understand the Exchange's rules. The Exchange further
believes that the proposed amendment 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 clarity, thereby
reducing potential confusion.
B. Self-Regulatory Organization's Statement on Burden on Competition
In accordance with Section 6(b)(8) of the Act,\5\ the Exchange
believes that the proposed rule change would not 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 is rather concerned with making a
correction to Exchange 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.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------
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 \6\ and Rule 19b-4(f)(6) thereunder.\7\
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 \8\ and Rule 19b-
4(f)(6)(iii) thereunder.\9\
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A)(iii).
\7\ 17 CFR 240.19b-4(f)(6).
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 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.
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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. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
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\10\ 17 CFR 240.19b-4(f)(6).
\11\ 17 CFR 240.19b-4(f)(6)(iii).
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The Commission believes that waiver of the operative delay is
consistent with the protection of investors and the public interest
because it will allow the Exchange to correct promptly its rule
numbering in order to alleviate potential investor or market
participant confusion and add clarity to its rules. Accordingly, the
Commission hereby waives the 30-day operative delay and designates the
proposal operative upon filing.\12\
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\12\ For purposes only of accelerating the operative date of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
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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) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\13\ 15 U.S.C. 78s(b)(2)(B).
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[[Page 6795]]
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-NYSE-2023-07 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-2023-07. 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-NYSE-2023-07 and should be submitted on
or before February 22, 2023.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12), (59).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-01999 Filed 1-31-23; 8:45 am]
BILLING CODE 8011-01-P
