Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change by The Options Clearing Corporation Concerning Clearing Member Cybersecurity Obligations, 33655 [2023-10988]

Download as PDF Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices Christopher C. Mohr; Comments Due: May 26, 2023. This Notice will be published in the Federal Register. Erica A. Barker, Secretary. [FR Doc. 2023–11019 Filed 5–23–23; 8:45 am] BILLING CODE 7710–FW–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–97525; File No. SR–OCC– 2023–003] Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change by The Options Clearing Corporation Concerning Clearing Member Cybersecurity Obligations ddrumheller on DSK120RN23PROD with NOTICES1 May 18, 2023. On March 21, 2023, the Options Clearing Corporation (‘‘OCC’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change SR–OCC–2023– 003 pursuant to Section 19(b) of the Securities Exchange Act of 1934 (‘‘Exchange Act’’) 1 and Rule 19b–4 2 thereunder to amend certain provisions in OCC’s Rules relating to Clearing Member cybersecurity obligations to address the occurrence of a cyberrelated disruption or intrusion of a Clearing Member (‘‘Security Incident’’). The proposed rule change was published for public comment in the Federal Register on April 5, 2023.3 The Commission has received two comments regarding the proposal described in the proposed rule change. Section 19(b)(2) of the Exchange Act 4 provides that, within 45 days of the publication of notice of the filing of a proposed rule change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding, or 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 of 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 Securities Exchange Act Release No. 97225 (Mar. 30, 2023), 88 FR 20195 (Apr. 5, 2023) (File No. SR–OCC–2023–003) (‘‘Notice of Filing’’). 4 15 U.S.C. 78s(b)(2). 2 17 VerDate Sep<11>2014 18:38 May 23, 2023 Jkt 259001 Filing is May 20, 2023. The Commission is extending this 45-day time period. In order to provide the Commission with sufficient time to consider the proposed rule change, the Commission finds that it is appropriate to designate a longer period within which to take action on the proposed rule change. Accordingly, the Commission, pursuant to Section 19(b)(2) of the Exchange Act,5 designates July 4, 2023 as the date by which the Commission shall either approve, disapprove, or institute proceedings to determine whether to disapprove proposed rule change SR–OCC–2023–003. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.6 Sherry R. Haywood, Assistant Secretary. [FR Doc. 2023–10988 Filed 5–23–23; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meetings Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94–409, that the Securities and Exchange Commission Small Business Capital Formation Advisory Committee will hold a public meeting on Wednesday, June 14, 2023, at the Commission’s headquarters and via videoconference. PLACE: The meeting will be conducted by remote means (videoconference) and at the Commission’s headquarters, 100 F Street NE, Washington, DC 20549, in Multi-Purpose Room LL–006. Members of the public may watch the webcast of the meeting on the Commission’s website at www.sec.gov. STATUS: The meeting will begin at 10:00 a.m. (ET) and will be open to the public. Seating will be on a first-come, firstserved basis. Also, the meeting will be webcast on the Commission’s website at www.sec.gov. This Sunshine Act notice is being issued because a majority of the Commission may attend the meeting. MATTER TO BE CONSIDERED: The agenda for the meeting includes matters relating to rules and regulations affecting small and emerging businesses and their investors under the federal securities laws. CONTACT PERSON FOR MORE INFORMATION: For further information and to ascertain what, if any, matters have been added, TIME AND DATE: 5 Id. 6 17 PO 00000 deleted or postponed; please contact Vanessa A. Countryman from the Office of the Secretary at (202) 551–5400. Authority: 5 U.S.C. 552b. Dated: May 22, 2023. J. Matthew DeLesDernier, Deputy Secretary. [FR Doc. 2023–11185 Filed 5–22–23; 4:15 pm] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–97530] Order Granting Temporary Conditional Exemptive Relief, Pursuant to Section 36 of the Securities Exchange Act of 1934 (‘‘Exchange Act’’) and Rule 608(e) of Regulation NMS Under the Exchange Act, From Certain Requirements of the National Market System Plan Governing the Consolidated Audit Trail I. Introduction and Background In July 2012, the Securities and Exchange Commission (the ‘‘Commission’’ or the ‘‘SEC’’) adopted Rule 613 of Regulation NMS, which required national securities exchanges and national securities associations (the ‘‘Participants’’) 1 to jointly develop and submit to the Commission a national market system plan to create, implement, and maintain a consolidated audit trail (the ‘‘CAT’’).2 The goal of Rule 613 was to create a modernized audit trail system that would provide regulators with timely access to a comprehensive set of trading data, thus enabling regulators to more efficiently and effectively analyze and reconstruct market events, monitor market behavior, conduct market analysis to support regulatory decisions, and perform surveillance, investigation, and enforcement activities. On November 15, 2016, the Commission approved the national market system plan required by Rule 613 (the ‘‘CAT NMS Plan’’).3 1 The Participants include BOX Exchange LLC, Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe C2 Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe Exchange, Inc., Financial Industry Regulatory Authority, Inc., Investors’ Exchange LLC, Long-Term Stock Exchange, Inc., MEMX LLC, Miami International Securities Exchange LLC, MIAX Emerald, LLC, MIAX PEARL, LLC, Nasdaq BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, Nasdaq PHLX LLC, The Nasdaq Stock Market LLC, New York Stock Exchange LLC, NYSE American LLC, NYSE Arca, Inc., NYSE Chicago, Inc., and NYSE National, Inc. 2 See Securities Exchange Act Release No. 67457 (July 18, 2012), 77 FR 45722 (Aug. 1, 2012) (‘‘Rule 613 Adopting Release’’). 3 Securities Exchange Act Release No. 78318 (Nov. 15, 2016), 81 FR 84696, (Nov. 23, 2016) CFR 200.30–3(a)(31). Frm 00095 Fmt 4703 33655 Continued Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Page 33655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10988]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97525; File No. SR-OCC-2023-003]


Self-Regulatory Organizations; The Options Clearing Corporation; 
Notice of Designation of Longer Period for Commission Action on 
Proposed Rule Change by The Options Clearing Corporation Concerning 
Clearing Member Cybersecurity Obligations

May 18, 2023.
    On March 21, 2023, the Options Clearing Corporation (``OCC'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change SR-OCC-2023-003 pursuant to Section 19(b) of the 
Securities Exchange Act of 1934 (``Exchange Act'') \1\ and Rule 19b-4 
\2\ thereunder to amend certain provisions in OCC's Rules relating to 
Clearing Member cybersecurity obligations to address the occurrence of 
a cyber-related disruption or intrusion of a Clearing Member 
(``Security Incident''). The proposed rule change was published for 
public comment in the Federal Register on April 5, 2023.\3\ The 
Commission has received two comments regarding the proposal described 
in the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 97225 (Mar. 30, 2023), 
88 FR 20195 (Apr. 5, 2023) (File No. SR-OCC-2023-003) (``Notice of 
Filing'').
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    Section 19(b)(2) of the Exchange Act \4\ provides that, within 45 
days of the publication of notice of the filing of a proposed rule 
change, or within such longer period up to 90 days as the Commission 
may designate if it finds such longer period to be appropriate and 
publishes its reasons for so finding, or 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 of 
Filing is May 20, 2023. The Commission is extending this 45-day time 
period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    In order to provide the Commission with sufficient time to consider 
the proposed rule change, the Commission finds that it is appropriate 
to designate a longer period within which to take action on the 
proposed rule change.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the 
Exchange Act,\5\ designates July 4, 2023 as the date by which the 
Commission shall either approve, disapprove, or institute proceedings 
to determine whether to disapprove proposed rule change SR-OCC-2023-
003.
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    \5\ Id.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-10988 Filed 5-23-23; 8:45 am]
BILLING CODE 8011-01-P
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