Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Amend Rules 4702(b)(14) and (b)(15) Concerning Dynamic M-ELO Holding Periods, 12710 [2023-04031]

Download as PDF 12710 Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices 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 No. SR–CBOE–2022–057 and should be submitted by March 21, 2023. Rebuttal comments should be submitted by April 4, 2023. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.69 Sherry R. Haywood, Assistant Secretary. [FR Doc. 2023–04032 Filed 2–27–23; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–96963; File No. SR– NASDAQ–2022–079] Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Amend Rules 4702(b)(14) and (b)(15) Concerning Dynamic M–ELO Holding Periods Sherry R. Haywood, Assistant Secretary. February 22, 2023. [FR Doc. 2023–04031 Filed 2–27–23; 8:45 am] On December 21, 2022, The Nasdaq Stock Market LLC (‘‘Nasdaq’’ 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 to replace the static holding period requirements for Midpoint Extended Life Orders and Midpoint Extended Life Orders Plus Continuous Book with dynamic holding periods. The proposed rule change was published for comment in the Federal Register on January 10, 2023.3 The Commission received comments on the proposed rule change.4 Section 19(b)(2) of the Act 5 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 BILLING CODE 8011–01–P 69 17 ddrumheller on DSK120RN23PROD with NOTICES 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 February 24, 2023. 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 comments received. Accordingly, pursuant to Section 19(b)(2) of the Act,6 the Commission designates April 10, 2023, 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–NASDAQ–2022–079). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.7 CFR 200.30–3(a)(57). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 92844 (January 4, 2023), 88 FR 1438. 4 All comments received by the Commission on the proposed rule change are available on the Commission’s website at: https://www.sec.gov/ comments/sr-nasdaq-2022-079/ srnasdaq2022079.htm. 5 15 U.S.C. 78s(b)(2). 1 15 VerDate Sep<11>2014 18:37 Feb 27, 2023 Jkt 259001 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–96966; File No. SR– NASDAQ–2023–004] Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Fees the Exchange Charges Companies Seeking Review of a Delisting Determination, Public Reprimand Letter, or Written Denial of an Initial Listing Application February 22, 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 February 10, 2023, The Nasdaq Stock Market LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) the proposed rule change as described in Items I and II, which Items have been prepared by 6 Id. 7 17 CFR 200.30–3(a)(31). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 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 modify the fees the Exchange charges companies seeking review of a delisting determination, public reprimand letter, or written denial of an initial listing application. * * * * * The Nasdaq Stock Market LLC Rules * * * * * 5815. Review of Staff Determinations by Hearings Panel When a Company receives a Staff Delisting Determination or a Public Reprimand Letter issued by the Listing Qualifications Department, or when its application for initial listing is denied, it may request in writing that the Hearings Panel review the matter in a written or an oral hearing. This section sets forth the procedures for requesting a hearing before a Hearings Panel, describes the Hearings Panel and the possible outcomes of a hearing, and sets forth Hearings Panel procedures. (a) Procedures for Requesting and Preparing for a Hearing. (1)–(2) No changes. (3) Fees. Within 15 calendar days of the date of the Staff Delisting Determination, Public Reprimand Letter, or written denial of an initial listing application, the Company must submit a hearing fee of [$10,000] $20,000. However, if the hearing request relates to a Staff Delisting Determination dated on or before February 10, 2023, the Company must submit a hearing fee of $10,000. (4)–(6) No changes. (b)–(d) No changes. 5820. Appeal to the Nasdaq Listing and Hearing Review Council A Company may appeal a Panel Decision to the Listing Council. The Listing Council may also call for review a Panel Decision on its own initiative. This Rule 5820 describes the procedures applicable to appeals and calls for review. (a) Procedure for Requesting Appeal. A Company may appeal any Panel Decision to the Listing Council by submitting a written request for appeal and a fee of [$10,000] $15,000 to the Nasdaq Office of Appeals and Review within 15 calendar days of the date of the Panel Decision. However, if the appeal relates to a Panel Decision dated E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Page 12710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04031]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96963; File No. SR-NASDAQ-2022-079]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
Notice of Designation of a Longer Period for Commission Action on a 
Proposed Rule Change To Amend Rules 4702(b)(14) and (b)(15) Concerning 
Dynamic M-ELO Holding Periods

February 22, 2023.
    On December 21, 2022, The Nasdaq Stock Market LLC (``Nasdaq'' 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 to replace the static holding period requirements 
for Midpoint Extended Life Orders and Midpoint Extended Life Orders 
Plus Continuous Book with dynamic holding periods. The proposed rule 
change was published for comment in the Federal Register on January 10, 
2023.\3\ The Commission received comments on the proposed rule 
change.\4\
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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. 92844 (January 4, 
2023), 88 FR 1438.
    \4\ All comments received by the Commission on the proposed rule 
change are available on the Commission's website at: https://www.sec.gov/comments/sr-nasdaq-2022-079/srnasdaq2022079.htm.
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    Section 19(b)(2) of the Act \5\ 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 February 24, 2023. The Commission is 
extending this 45-day time period.
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    \5\ 15 U.S.C. 78s(b)(2).
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    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 
comments received. Accordingly, pursuant to Section 19(b)(2) of the 
Act,\6\ the Commission designates April 10, 2023, 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-NASDAQ-2022-079).
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    \6\ Id.
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    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(31).

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-04031 Filed 2-27-23; 8:45 am]
BILLING CODE 8011-01-P

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