Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the NYSE ARCA Options Fee Schedule, 26619-26621 [2023-09085]

Download as PDF Federal Register / Vol. 88, No. 83 / Monday, May 1, 2023 / Notices into a comprehensive surveillance sharing agreement. In addition, as noted above, investors will have ready access to information regarding the VIIV and quotation and last sale information for the Shares. For the above reasons, the Exchange believes that the proposed rule change is consistent with the requirements of Section 6(b)(5) of the Act. 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 Exchange believes the proposed rule change would permit the listing and trading of an additional activelymanaged exchange-traded product, thereby promoting competition among exchange-traded products to the benefit of investors and the marketplace. 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 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 from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 27 and Rule 19b– 4(f)(6) thereunder.28 A proposed rule change filed pursuant to Rule 19b–4(f)(6) under the Act normally does not become operative for 30 days after the date of its filing. However, Rule 19b–4(f)(6)(iii) 29 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange requested that the Commission waive the 30-day operative delay so that the proposal may become operative immediately upon lotter on DSK11XQN23PROD with NOTICES1 27 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 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. 29 17 CFR 240.19b–4(f)(6)(iii). 28 17 VerDate Sep<11>2014 17:10 Apr 28, 2023 Jkt 259001 filing. The Commission notes it has approved, and noticed for immediate effectiveness, proposed rule changes to permit listing and trading on the Exchange of Managed Portfolio Shares similar to the Funds.30 The proposed listing rule for the Fund raises no novel legal or regulatory issues. Therefore, the Commission believes that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest. Accordingly, the Commission hereby waives the 30-day operative delay and designates the proposed rule change operative upon filing.31 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. 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– NYSEARCA–2023–33 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–NYSEARCA–2023–33. 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 30 See supra note 5. purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 31 For PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 26619 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. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to File Number SR–NYSEARCA–2023– 33 and should be submitted on or before May 22, 2023. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.32 Sherry R. Haywood, Assistant Secretary. [FR Doc. 2023–09077 Filed 4–28–23; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–97373; File No. SR– NYSEARCA–2023–32] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the NYSE ARCA Options Fee Schedule April 25, 2023. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 notice is hereby given that, on April 18, 2023, NYSE Arca, Inc. (‘‘NYSE Arca’’ 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. 32 17 CFR 200.30–3(a)(12), (59). U.S.C. 78s(b)(1). 2 15 U.S.C. 78a. 3 17 CFR 240.19b–4. 1 15 E:\FR\FM\01MYN1.SGM 01MYN1 26620 Federal Register / Vol. 88, No. 83 / Monday, May 1, 2023 / Notices I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to modify the NYSE Arca Options Fee Schedule (‘‘Fee Schedule’’) regarding fees for equipment for the Trading Floor. The Exchange proposes to implement the fee change effective April 18, 2023.4 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 lotter on DSK11XQN23PROD with NOTICES1 The purpose of this filing is to modify the Fee Schedule regarding Market Maker podium fees to reflect the availability of new equipment for Market Makers’ use on the Trading Floor. The Exchange proposes to implement the rule change on April 18, 2023. Currently, the Exchange equips each Market Maker podium with four 23″ monitors. Market Makers may request up to two additional monitors per podium for a monthly surcharge of $100. In addition, Market Makers currently have the option to upgrade the 23″ monitors provided by the Exchange to 25″ or 27″ monitors for a one-time surcharge of $200 or $300 per monitor, respectively.5 4 The Exchange originally filed to amend the Fee Schedule on April 6, 2023 (SR–NYSEARCA–2023– 21) and withdrew such filing on April 18, 2023. 5 See Fee Schedule, NYSE Arca OPTIONS: FLOOR and EQUIPMENT, MARKET MAKER PODIUM FEES. The Fee Schedule also provides that podia are only available to Market Makers with an active OTP (i.e., Market Makers that have only a Reserve OTP are ineligible for podia). In addition, each Market Maker on the Trading Floor may have no more than four (4) total podia and, each Market Maker in a given Trading Crowd, may have not more than two (2) podia, or eight (8) monitors. Id. VerDate Sep<11>2014 17:10 Apr 28, 2023 Jkt 259001 The Exchange now proposes to offer Market Makers an additional podium monitor upgrade option. Specifically, the Exchange proposes to modify the Fee Schedule to provide that Market Makers may upgrade their podium monitors to a 32″ size for a one-time surcharge of $600 per monitor. This proposed change would offer Market Makers the option to upgrade their podium monitors to a newly available larger size, which the Exchange believes would afford Market Makers additional flexibility in the configuration of their podia space. The Exchange notes that it established the current fees relating to Market Maker monitors in connection with the relocation of the Trading Floor to a new facility.6 The proposed change would support fair and efficient use of Trading Floor space, as the Exchange believes that the available space on the Trading Floor can accommodate an additional monitor upgrade option for Market Makers. The Exchange also proposes to amend the Fee Schedule to eliminate the current descriptions of the monitor sizes as ‘‘standard,’’ ‘‘large,’’ or ‘‘extra-large’’ and instead state the sizes of the available monitors (e.g., 23″, 25″, and so forth). The Exchange believes this proposed change would add specificity and transparency to the Fee Schedule with respect to the sizes of the monitors available to Market Makers. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act, in general, and furthers the objectives of Sections 6(b)(4) and (5) of the Act, in particular, because it provides for the equitable allocation of reasonable dues, fees, and other charges among its members, issuers and other persons using its facilities and does not unfairly discriminate between customers, issuers, brokers or dealers. The Exchange believes the proposed change is reasonable, equitable and not unfairly discriminatory for the following reasons. First, the proposed fee for the 32″ monitor upgrade is reasonable, as the Exchange believes it is relatively proportional to the current fees for upgrades to monitors of smaller sizes and would support the existing cost structure designed to provide Market The Exchange does not propose any changes to these aspects of Market Maker podium fees. 6 See Securities Exchange Act Release No. 84874 (December 19, 2018), 83 FR 66818 (December 27, 2018) (SR–NYSEArca–2018–90) (Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the NYSE Arca Options Fee Schedule in Conjunction with Relocating the Trading Floor to a New Trading Facility). PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 Makers with flexibility in configuring their Floor space consistent with their own business needs (i.e., the cost structure will continue to allow a Market Maker to utilize only one podium with additional and/or upgraded monitors to facilitate additional personnel operating in the podium, as opposed to paying for multiple podia). Second, the proposed change is equitable because it would provide for the same fee for all Market Makers that wish to exercise the option to upgrade their podium monitors to the newly available 32″ size. Market Makers are not required to upgrade their podium equipment, but all those that choose to do so will be subject to the same fees. The Exchange also notes that the proposed fee for the newly available 32″ monitor would not impact any of the existing podium fees. Finally, the Exchange believes the proposed change is not unfairly discriminatory because it would apply to all Market Makers on an equal and non-discriminatory basis. Any Market Maker can choose to upgrade its podium monitors as suits its business needs, and the same surcharge, based on the size of the upgraded monitor, would apply to any such Market Maker. The Exchange further believes that the proposed change to replace the monitor size descriptors with the monitors’ dimensions is reasonable, equitable, and not unfairly discriminatory because the change would add specificity and transparency to the Fee Schedule and would apply equally to all similarly situated market participants. The Exchange also believes the proposed Floor Fees are reasonable, equitable, and not unfairly discriminatory because OTP Holders can choose whether to participate on the Exchange solely through electronic means, or with a presence on the Trading Floor. The proposed change, which would offer Market Makers added flexibility with respect to the configuration of their podium monitors, is designed to continue to encourage market participants to conduct business on the Trading Floor. Orders brought to the Trading Floor could benefit all market participants by facilitating more trading opportunities. B. Self-Regulatory Organization’s Statement on Burden on Competition In accordance with Section 6(b)(8) of the Act, the Exchange does not believe that the proposed rule change would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed change does not raise any competitive issues, as it is designed to E:\FR\FM\01MYN1.SGM 01MYN1 26621 Federal Register / Vol. 88, No. 83 / Monday, May 1, 2023 / Notices reflect the availability of optional new equipment for Market Maker use on the Exchange Trading Floor. Market Makers already have the option to upgrade their podium monitors from those provided by the Exchange to a larger size, and the proposed change would simply offer Market Makers an additional upgrade option that would, like the current upgrade options, be subject to a onetime surcharge. The Exchange believes the proposed change would afford Market Makers greater flexibility with respect to the configuration of their podia and could allow them to make more efficient use of their Trading Floor space. 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 foregoing rule change is effective upon filing pursuant to Section 19(b)(3)(A) 7 of the Act and subparagraph (f)(2) of Rule 19b–4 8 thereunder, because it establishes a due, fee, or other charge imposed by the Exchange. 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) 9 of the Act to determine whether the proposed rule change 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: lotter on DSK11XQN23PROD with NOTICES1 Electronic Comments • Use the Commission’s internet comment form (https://www.sec.gov/ rules/sro.shtml); or U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(2). 9 15 U.S.C. 78s(b)(2)(B). • Send an email to rule-comments@ sec.gov. Please include File Number SR– NYSEARCA–2023–32 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–NYSEARCA–2023–32. 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. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to File Number SR–NYSEARCA–2023–32, and should be submitted on or before May 22, 2023. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Sherry R. Haywood, Assistant Secretary. [FR Doc. 2023–09085 Filed 4–28–23; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–97371; File No. SR–CBOE– 2023–020] Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing of a Proposed Rule Change To Make the Nonstandard Expirations Pilot Program Permanent April 25, 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 April 11, 2023, Cboe Exchange, Inc. (‘‘Exchange’’ or ‘‘Cboe Options’’) filed with the Securities and Exchange Commission (‘‘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 make permanent the operation of its program that allows the Exchange to list broadbased index options with nonstandard expirations (‘‘Nonstandard Expirations Pilot Program’’). The text of the proposed rule change is provided below. (additions are italicized; deletions are [bracketed]) * * * * * Rules of Cboe Exchange, Inc. * * * * (a)–(d) No change. (e) Nonstandard Expirations [Pilot] Program. (1)–(2) No change. (3) [Duration of Nonstandard Expirations Pilot Program. The Nonstandard Expirations Pilot Program shall be through May 8, 2023. (4)] Weekly Expirations and EOM Trading Hours on the Last Trading Day. On the last trading day, Regular Trading Hours for expiring Weekly Expirations and EOMs are from 9:30 a.m. and 4:00 p.m. (f) No change. 7 15 8 17 VerDate Sep<11>2014 17:10 Apr 28, 2023 1 15 10 17 Jkt 259001 PO 00000 CFR 200.30–3(a)(12). Frm 00106 Fmt 4703 Sfmt 4703 * Rule 4.13. Series of Index Options 2 17 E:\FR\FM\01MYN1.SGM U.S.C. 78s(b)(1). CFR 240.19b–4. 01MYN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Notices]
[Pages 26619-26621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09085]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97373; File No. SR-NYSEARCA-2023-32]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Modify the NYSE 
ARCA Options Fee Schedule

April 25, 2023.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given 
that, on April 18, 2023, NYSE Arca, Inc. (``NYSE Arca'' 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.

---------------------------------------------------------------------------

[[Page 26620]]

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to modify the NYSE Arca Options Fee Schedule 
(``Fee Schedule'') regarding fees for equipment for the Trading Floor. 
The Exchange proposes to implement the fee change effective April 18, 
2023.\4\ 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.
---------------------------------------------------------------------------

    \4\ The Exchange originally filed to amend the Fee Schedule on 
April 6, 2023 (SR-NYSEARCA-2023-21) and withdrew such filing on 
April 18, 2023.
---------------------------------------------------------------------------

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 purpose of this filing is to modify the Fee Schedule regarding 
Market Maker podium fees to reflect the availability of new equipment 
for Market Makers' use on the Trading Floor. The Exchange proposes to 
implement the rule change on April 18, 2023.
    Currently, the Exchange equips each Market Maker podium with four 
23'' monitors. Market Makers may request up to two additional monitors 
per podium for a monthly surcharge of $100. In addition, Market Makers 
currently have the option to upgrade the 23'' monitors provided by the 
Exchange to 25'' or 27'' monitors for a one-time surcharge of $200 or 
$300 per monitor, respectively.\5\
---------------------------------------------------------------------------

    \5\ See Fee Schedule, NYSE Arca OPTIONS: FLOOR and EQUIPMENT, 
MARKET MAKER PODIUM FEES. The Fee Schedule also provides that podia 
are only available to Market Makers with an active OTP (i.e., Market 
Makers that have only a Reserve OTP are ineligible for podia). In 
addition, each Market Maker on the Trading Floor may have no more 
than four (4) total podia and, each Market Maker in a given Trading 
Crowd, may have not more than two (2) podia, or eight (8) monitors. 
Id. The Exchange does not propose any changes to these aspects of 
Market Maker podium fees.
---------------------------------------------------------------------------

    The Exchange now proposes to offer Market Makers an additional 
podium monitor upgrade option. Specifically, the Exchange proposes to 
modify the Fee Schedule to provide that Market Makers may upgrade their 
podium monitors to a 32'' size for a one-time surcharge of $600 per 
monitor. This proposed change would offer Market Makers the option to 
upgrade their podium monitors to a newly available larger size, which 
the Exchange believes would afford Market Makers additional flexibility 
in the configuration of their podia space. The Exchange notes that it 
established the current fees relating to Market Maker monitors in 
connection with the relocation of the Trading Floor to a new 
facility.\6\ The proposed change would support fair and efficient use 
of Trading Floor space, as the Exchange believes that the available 
space on the Trading Floor can accommodate an additional monitor 
upgrade option for Market Makers.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 84874 (December 19, 
2018), 83 FR 66818 (December 27, 2018) (SR-NYSEArca-2018-90) (Notice 
of Filing and Immediate Effectiveness of Proposed Rule Change To 
Modify the NYSE Arca Options Fee Schedule in Conjunction with 
Relocating the Trading Floor to a New Trading Facility).
---------------------------------------------------------------------------

    The Exchange also proposes to amend the Fee Schedule to eliminate 
the current descriptions of the monitor sizes as ``standard,'' 
``large,'' or ``extra-large'' and instead state the sizes of the 
available monitors (e.g., 23'', 25'', and so forth). The Exchange 
believes this proposed change would add specificity and transparency to 
the Fee Schedule with respect to the sizes of the monitors available to 
Market Makers.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act, in general, and furthers the objectives 
of Sections 6(b)(4) and (5) of the Act, in particular, because it 
provides for the equitable allocation of reasonable dues, fees, and 
other charges among its members, issuers and other persons using its 
facilities and does not unfairly discriminate between customers, 
issuers, brokers or dealers.
    The Exchange believes the proposed change is reasonable, equitable 
and not unfairly discriminatory for the following reasons. First, the 
proposed fee for the 32'' monitor upgrade is reasonable, as the 
Exchange believes it is relatively proportional to the current fees for 
upgrades to monitors of smaller sizes and would support the existing 
cost structure designed to provide Market Makers with flexibility in 
configuring their Floor space consistent with their own business needs 
(i.e., the cost structure will continue to allow a Market Maker to 
utilize only one podium with additional and/or upgraded monitors to 
facilitate additional personnel operating in the podium, as opposed to 
paying for multiple podia). Second, the proposed change is equitable 
because it would provide for the same fee for all Market Makers that 
wish to exercise the option to upgrade their podium monitors to the 
newly available 32'' size. Market Makers are not required to upgrade 
their podium equipment, but all those that choose to do so will be 
subject to the same fees. The Exchange also notes that the proposed fee 
for the newly available 32'' monitor would not impact any of the 
existing podium fees. Finally, the Exchange believes the proposed 
change is not unfairly discriminatory because it would apply to all 
Market Makers on an equal and non-discriminatory basis. Any Market 
Maker can choose to upgrade its podium monitors as suits its business 
needs, and the same surcharge, based on the size of the upgraded 
monitor, would apply to any such Market Maker. The Exchange further 
believes that the proposed change to replace the monitor size 
descriptors with the monitors' dimensions is reasonable, equitable, and 
not unfairly discriminatory because the change would add specificity 
and transparency to the Fee Schedule and would apply equally to all 
similarly situated market participants.
    The Exchange also believes the proposed Floor Fees are reasonable, 
equitable, and not unfairly discriminatory because OTP Holders can 
choose whether to participate on the Exchange solely through electronic 
means, or with a presence on the Trading Floor. The proposed change, 
which would offer Market Makers added flexibility with respect to the 
configuration of their podium monitors, is designed to continue to 
encourage market participants to conduct business on the Trading Floor. 
Orders brought to the Trading Floor could benefit all market 
participants by facilitating more trading opportunities.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act, the Exchange does 
not believe that the proposed rule change would impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. The proposed change does not raise any competitive 
issues, as it is designed to

[[Page 26621]]

reflect the availability of optional new equipment for Market Maker use 
on the Exchange Trading Floor. Market Makers already have the option to 
upgrade their podium monitors from those provided by the Exchange to a 
larger size, and the proposed change would simply offer Market Makers 
an additional upgrade option that would, like the current upgrade 
options, be subject to a one-time surcharge. The Exchange believes the 
proposed change would afford Market Makers greater flexibility with 
respect to the configuration of their podia and could allow them to 
make more efficient use of their Trading Floor space.

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 foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \7\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \8\ thereunder, because it establishes a due, fee, or other charge 
imposed by the Exchange.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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) \9\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEARCA-2023-32 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-NYSEARCA-2023-32. 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. Do 
not include personal identifiable information in submissions; you 
should submit only information that you wish to make available 
publicly. We may redact in part or withhold entirely from publication 
submitted material that is obscene or subject to copyright protection.
    All submissions should refer to File Number SR-NYSEARCA-2023-32, 
and should be submitted on or before May 22, 2023.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-09085 Filed 4-28-23; 8:45 am]
BILLING CODE 8011-01-P

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