Joint Industry Plan; Notice of Filing and Immediate Effectiveness of Amendment to the Plan for the Purpose of Developing and Implementing Procedures Designed To Facilitate the Listing and Trading of Standardized Options To Add MEMX LLC as a Plan Sponsor, 64963-64964 [2023-20307]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.21
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–20313 Filed 9–19–23; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–98388; File No. 4–443]
Joint Industry Plan; Notice of Filing
and Immediate Effectiveness of
Amendment to the Plan for the
Purpose of Developing and
Implementing Procedures Designed To
Facilitate the Listing and Trading of
Standardized Options To Add MEMX
LLC as a Plan Sponsor
September 14, 2023.
Pursuant to Section 11A(a)(3) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 608 thereunder,2
notice is hereby given that on August
29, 2023, MEMX LLC (‘‘MEMX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) an amendment to the
Plan for the Purpose of Developing and
Implementing Procedures Designed to
Facilitate the Listing and Trading of
Standardized Options (‘‘OLPP’’ or
‘‘Plan’’).3 The Commission approved the
21 17
CFR 200.30–3(a)(12).
U.S.C. 78k–1(a)(3).
2 17 CFR 242.608.
3 On July 6, 2001, the Commission approved the
OLPP, which was proposed by the American Stock
Exchange LLC (‘‘Amex’’) (n/k/a NYSE American,
LLC (‘‘NYSE American’’)), Chicago Board Options
Exchange, Incorporated (‘‘Cboe’’), International
Securities Exchange LLC (‘‘ISE’’) (n/k/a Nasdaq ISE,
LLC (‘‘Nasdaq ISE’’)), Options Clearing Corporation
(‘‘OCC’’), Philadelphia Stock Exchange, Inc.
(‘‘Phlx’’) (n/k/a Nasdaq Phlx LLC (Nasdaq Phlx)),
and Pacific Exchange, Inc. (‘‘PCX’’) (n/k/a NYSE
Arca, Inc. (‘‘NYSE Arca’’)). See Securities Exchange
Act Release No. 44521, 66 FR 36809 (July 13, 2001).
See also Securities Exchange Act Release Nos.
49199 (February 5, 2004), 69 FR 7030 (February 12,
2004) (adding Boston Stock Exchange, Inc. as a
Sponsor to the OLPP); 57546 (March 21, 2008), 73
FR 16393 (March 27, 2008) (adding Nasdaq Stock
Market, LLC (‘‘Nasdaq’’) as a Sponsor to the OLPP);
61528 (February 17, 2010), 75 FR 8415 (February
24, 2010) (adding BATS Exchange, Inc. (‘‘BATS’’)
(n/k/a Cboe BZX Exchange, Inc. (‘‘Cboe BZX’’)) as
a Sponsor to the OLPP); 63162 (October 22, 2010),
75 FR 66401 (October 28, 2010) (adding C2 Options
Exchange Incorporated (‘‘C2’’) (n/k/a Cboe C2
Exchange, Inc. (‘‘Cboe C2’’)) as a sponsor to the
OLPP); 66952 (May 9, 2012), 77 FR 28641 (May 15,
2012) (adding BOX Options Exchange LLC (‘‘BOX’’)
as a Sponsor to the OLPP); 67327 (June 29, 2012),
77 FR 40125 (July 6, 2012) (adding Nasdaq OMX
BX, Inc. (‘‘BX’’) (n/k/a Nasdaq BX, Inc. (‘‘Nasdaq
BX’’)) as a Sponsor to the OLPP); 70765 (October
28, 2013), 78 FR 65739 (November 1, 2013) (adding
Topaz Exchange, LLC as a Sponsor to the OLPP
(‘‘Topaz’’) (n/k/a Nasdaq GEMX, LLC (‘‘Nasdaq
GEMX’’); 70764 (October 28, 2013), 78 FR 65733
(November 1, 2013) (adding Miami International
lotter on DSK11XQN23PROD with NOTICES1
1 15
VerDate Sep<11>2014
16:38 Sep 19, 2023
Jkt 259001
application of MEMX to register as a
national securities exchange on May 4,
2020.4 The Commission subsequently
approved MEMX’s proposal to adopt
rules to govern the trading of options on
the Exchange for a new facility called
MEMX Options.5 One of the conditions
of the Commission’s approval of MEMX
Options was the requirement for MEMX
to join the OLLP.6 The amendment adds
MEMX as a Plan Sponsor 7 of the OLPP.8
The Commission is publishing this
notice to solicit comments on the
amendment from interested persons.
I. Description and Purpose of the
Amendment
The OLPP establishes procedures
designed to facilitate the listing and
trading of standardized options
contracts on the options exchanges. The
amendment to the OLPP adds MEMX as
a Sponsor. The other OLPP Sponsors are
BOX, Cboe, Cboe BZX, Cboe C2, Cboe
EDGX, Nasdaq BX, MIAX, MIAX
Emerald, MIAX PEARL, Nasdaq, Nasdaq
GEMX, Nasdaq ISE, Nasdaq MRX,
Nasdaq Phlx, NYSE American, NYSE
Arca, and OCC. MEMX has submitted
an executed copy of the OLPP to the
Commission in accordance with the
procedures set forth in the OLPP
regarding new Plan Sponsors. Section 7
of the OLPP provides for the entry of
new Plan Sponsors to the OLPP.
Specifically, Section 7 of the OLPP
provides that an Eligible Exchange 9
Securities Exchange, LLC (‘‘MIAX’’) as a Sponsor to
the OLPP); 76822 (January 1, 2016), 81 FR 1251
(January 11, 2016) (adding EDGX Exchange, Inc.
(‘‘EDGX’’) (n/k/a Cboe EDGX Exchange, Inc. (‘‘Cboe
EDGX’’)) as a Sponsor to the OLPP); 77323 (March
8, 2016), 81 FR 13433 (March 14, 2016) (adding ISE
Mercury, LLC (‘‘ISE Mercury’’) (n/k/a Nasdaq MRX,
LLC (‘‘Nasdaq MRX’’)) as a Sponsor to the OLPP);
79897 (January 30, 2017), 82 FR 9263 (February 3,
2017) (adding MIAX PEARL, LLC (‘‘MIAX PEARL’’)
as a Sponsor to the OLPP) and 85228 (March 1,
2019), 84 FR 8355 (March 7, 2019) (adding MIAX
Emerald, LLC (‘‘MIAX Emerald’’) as a Sponsor to
the OLPP).
4 See Securities and Exchange Act Release No.
88806 (May 4, 2020), 85 FR 27451 (May 8, 2020)
(File No. 10–237).
5 See Securities and Exchange Act Release No.
95445 (August 8, 2022), 87 FR 49894 (August 12,
2022) (File No. SR–MEMX–2022–10).
6 See id. at 49907.
7 A ‘‘Plan Sponsor’’ is an Eligible Exchange whose
participation in the OLPP has become effective
pursuant to Section 7 of the OLPP.
8 See Letter from Anders Franzon, General
Counsel, MEMX, to Vanessa Countryman,
Secretary, Commission, dated August 29, 2023
(‘‘Amendment’’).
9 The OLPP defines an ‘‘Eligible Exchange’’ as a
national securities exchange registered with the
Commission pursuant to Section 6(a) of the Act, 15
U.S.C. 78f(a), that (1) has effective rules for the
trading of options contracts issued and cleared by
the OCC approved in accordance with the
provisions of the Act and the rules and regulations
thereunder and (2) is a party to the Plan for
Reporting Consolidated Options Last Sale Reports
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
64963
may become a Plan Sponsor of the OLPP
by: (i) executing a copy of the OLPP, as
then in effect; (ii) providing each thencurrent Plan Sponsor with a copy of
such executed OLPP; and (iii) effecting
an amendment to the OLPP, as specified
in Section 7(ii) of the OLPP.10
Section 7(ii) of the OLPP sets forth the
process by which an Eligible Exchange
may effect an amendment to the OLPP
to become a Plan Sponsor. Specifically,
an Eligible Exchange must: (a) execute
a copy of the OLPP as then in effect with
the only change being the addition of
the new Plan Sponsor’s name in Section
9 of the OLPP; 11 and (b) submit the
executed OLPP to the Commission. The
OLPP then provides that such an
amendment will be effective when the
amendment is approved by the
Commission or otherwise becomes
effective pursuant to Section 11A of the
Act and Rule 608 thereunder.
II. Effectiveness of the OLPP
Amendment
The foregoing OLPP amendment has
become effective pursuant to Rule
608(b)(3)(iii) 12 because it has been
designated by the sponsors as involving
solely technical or ministerial matters.
At any time within sixty days of the
filing of the amendment, the
Commission may summarily abrogate
the amendment and require that it be
refiled pursuant to paragraph (a)(1) of
Rule 608,13 if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or the maintenance of fair and orderly
markets, to remove impediments to, and
perfect the mechanisms of, a national
market system or otherwise in
furtherance of the purposes of the Act.
III. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the amendment is
consistent with the Act and the rules
thereunder. Comments may be
submitted by any of the following
methods:
and Quotation Information (the ‘‘OPRA Plan’’).
MEMX has represented that it has met both the
requirements for being considered an Eligible
Exchange. See Amendment, supra note 8 (Section
7(i) of the OLPP).
10 MEMX has represented that it has executed a
copy of the current Plan, amended to include
MEMX as a Plan Sponsor in Section 9 of the Plan,
and has provided each current Plan Sponsor with
a copy of the executed and amended Plan. See
Amendment, supra note 8.
11 The list of Plan Sponsors is set forth in Section
9 of the OLPP.
12 17 CFR 242.608(b)(3)(iii).
13 17 CFR 242.608(a)(1).
E:\FR\FM\20SEN1.SGM
20SEN1
64964
Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices
Electronic Comments
DEPARTMENT OF TRANSPORTATION
• 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 4–
443 on the subject line.
Federal Aviation Administration
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 4–443. 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 plan that
are filed with the Commission, and all
written communications relating to the
plan 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
a.m. and 3 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
4–443 and should be submitted on or
before October 11, 2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Sherry R. Haywood,
Assistant Secretary.
lotter on DSK11XQN23PROD with NOTICES1
[FR Doc. 2023–20307 Filed 9–19–23; 8:45 am]
BILLING CODE 8011–01–P
14 17
16:38 Sep 19, 2023
Department of Transportation,
Federal Aviation Administration (FAA).
ACTION: Notice of submission deadline.
AGENCY:
Under this notice, the FAA
announces the submission deadline of
October 5, 2023, for Summer 2024 flight
schedules at Chicago O’Hare
International Airport (ORD), John F.
Kennedy International Airport (JFK),
Los Angeles International Airport
(LAX), Newark Liberty International
Airport (EWR), and San Francisco
International Airport (SFO). In addition,
this notice announces a new voluntary,
targeted hourly scheduling limit at EWR
based on a review of recent operational
performance metrics.
DATES: Schedules should be submitted
by October 5, 2023.
ADDRESSES: Schedules may be
submitted to the Slot Administration
Office by email to: 7-AWA-slotadmin@
faa.gov.
SUMMARY:
Al
Meilus, Manager, Slot Administration
and Capacity Analysis, AJR–G, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone (202) 267–2822;
email Al.Meilus@faa.gov.
SUPPLEMENTARY INFORMATION: This
document provides routine notice to
carriers serving capacity-constrained
airports in the United States, including
ORD, JFK, LAX, EWR, and SFO. In
particular, this notice announces the
deadline for carriers to submit
schedules for the Summer 2024
scheduling season. The FAA deadline
coincides with the schedule submission
deadline established in the Calendar of
Coordination Activities as published by
the International Air Transport
Association (IATA).
FOR FURTHER INFORMATION CONTACT:
General Information for All Airports
The FAA has designated JFK as an
IATA Level 3 airport consistent with the
Worldwide Slot Guidelines (WSG).1 The
1 The FAA generally applies the WSG to the
extent there is no conflict with U.S. law or
regulation. The FAA recognizes the WSG has been
replaced by the Worldwide Airports Slot Guidelines
(WASG) edition 1, effective June 1, 2020, and
CFR 200.30–3(a)(85).
VerDate Sep<11>2014
Notice of Submission Deadline for
Schedule Information for Chicago
O’Hare International Airport, John F.
Kennedy International Airport, Los
Angeles International Airport, Newark
Liberty International Airport, and San
Francisco International Airport for the
Summer 2024 Scheduling Season
Jkt 259001
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
FAA currently limits scheduled
operations at JFK by order that expires
on October 26, 2024.2
The FAA has designated EWR, LAX,
ORD, and SFO as IATA Level 2
airports 3 subject to a schedule review
process premised upon voluntary
cooperation. The Summer 2024
scheduling season is from March 31,
2024, through October 26, 2024, in
recognition of the IATA Summer
season.
The FAA is primarily concerned
about scheduled and other regularly
conducted commercial operations
during designated hours, but carriers
may submit schedule plans for the
entire day. The designated hours for the
Summer 2024 scheduling season are: at
EWR and JFK from 0600 to 2300 Eastern
Time (1000 to 0300 UTC), at LAX and
SFO from 0600 to 2300 Pacific Time
(1300 to 0600 UTC), and at ORD from
0600 to 2100 Central Time (1100 to 0200
UTC). These hours are unchanged from
previous scheduling seasons.
Carriers should submit schedule
information in sufficient detail
including, at minimum, the marketing
or operating carrier, flight number,
scheduled time of operation, frequency,
aircraft equipment, and effective dates.
IATA standard schedule information
format and data elements for
communications at Level 2 and Level 3
airports in the IATA Standard
Schedules Information Manual (SSIM)
Chapter 6 may be used. The WSG
provides additional information on
schedule submissions at Level 2 and
Level 3 airports. Some carriers at JFK
manage and track slots through FAAassigned Slot ID numbers corresponding
to an arrival or departure slot in a
particular half-hour on a particular day
of week and date. The FAA has a similar
voluntary process for tracking schedules
at EWR with Reference IDs, and certain
carriers are managing their schedules
accordingly. The primary users of IDs
are United States and Canadian carriers
that have the highest frequencies and
considerable schedule changes
throughout the season and can benefit
from a simplified exchange of
subsequently WASG edition 2, effective July 1,
2022. The WASG is published jointly by Airports
Council International-World, IATA, and the
Worldwide Airport Coordinators Group (WWACG).
While the FAA is considering whether to
implement certain changes to the Guidelines in the
United States, it will continue to apply WSG
edition 9.
2 Operating Limitations at John F. Kennedy
International Airport, 73 FR 3510 (Jan. 18, 2008), as
most recently extended 87 FR 65161 (Oct. 28, 2022).
The slot coordination parameters for JFK are set
forth in this Order.
3 These designations remain effective until the
FAA announces a change in the Federal Register.
E:\FR\FM\20SEN1.SGM
20SEN1
]]>Agencies
[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Notices]
[Pages 64963-64964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20307]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-98388; File No. 4-443]
Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment to the Plan for the Purpose of Developing and Implementing
Procedures Designed To Facilitate the Listing and Trading of
Standardized Options To Add MEMX LLC as a Plan Sponsor
September 14, 2023.
Pursuant to Section 11A(a)(3) of the Securities Exchange Act of
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given
that on August 29, 2023, MEMX LLC (``MEMX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') an amendment to
the Plan for the Purpose of Developing and Implementing Procedures
Designed to Facilitate the Listing and Trading of Standardized Options
(``OLPP'' or ``Plan'').\3\ The Commission approved the application of
MEMX to register as a national securities exchange on May 4, 2020.\4\
The Commission subsequently approved MEMX's proposal to adopt rules to
govern the trading of options on the Exchange for a new facility called
MEMX Options.\5\ One of the conditions of the Commission's approval of
MEMX Options was the requirement for MEMX to join the OLLP.\6\ The
amendment adds MEMX as a Plan Sponsor \7\ of the OLPP.\8\ The
Commission is publishing this notice to solicit comments on the
amendment from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78k-1(a)(3).
\2\ 17 CFR 242.608.
\3\ On July 6, 2001, the Commission approved the OLPP, which was
proposed by the American Stock Exchange LLC (``Amex'') (n/k/a NYSE
American, LLC (``NYSE American'')), Chicago Board Options Exchange,
Incorporated (``Cboe''), International Securities Exchange LLC
(``ISE'') (n/k/a Nasdaq ISE, LLC (``Nasdaq ISE'')), Options Clearing
Corporation (``OCC''), Philadelphia Stock Exchange, Inc. (``Phlx'')
(n/k/a Nasdaq Phlx LLC (Nasdaq Phlx)), and Pacific Exchange, Inc.
(``PCX'') (n/k/a NYSE Arca, Inc. (``NYSE Arca'')). See Securities
Exchange Act Release No. 44521, 66 FR 36809 (July 13, 2001). See
also Securities Exchange Act Release Nos. 49199 (February 5, 2004),
69 FR 7030 (February 12, 2004) (adding Boston Stock Exchange, Inc.
as a Sponsor to the OLPP); 57546 (March 21, 2008), 73 FR 16393
(March 27, 2008) (adding Nasdaq Stock Market, LLC (``Nasdaq'') as a
Sponsor to the OLPP); 61528 (February 17, 2010), 75 FR 8415
(February 24, 2010) (adding BATS Exchange, Inc. (``BATS'') (n/k/a
Cboe BZX Exchange, Inc. (``Cboe BZX'')) as a Sponsor to the OLPP);
63162 (October 22, 2010), 75 FR 66401 (October 28, 2010) (adding C2
Options Exchange Incorporated (``C2'') (n/k/a Cboe C2 Exchange, Inc.
(``Cboe C2'')) as a sponsor to the OLPP); 66952 (May 9, 2012), 77 FR
28641 (May 15, 2012) (adding BOX Options Exchange LLC (``BOX'') as a
Sponsor to the OLPP); 67327 (June 29, 2012), 77 FR 40125 (July 6,
2012) (adding Nasdaq OMX BX, Inc. (``BX'') (n/k/a Nasdaq BX, Inc.
(``Nasdaq BX'')) as a Sponsor to the OLPP); 70765 (October 28,
2013), 78 FR 65739 (November 1, 2013) (adding Topaz Exchange, LLC as
a Sponsor to the OLPP (``Topaz'') (n/k/a Nasdaq GEMX, LLC (``Nasdaq
GEMX''); 70764 (October 28, 2013), 78 FR 65733 (November 1, 2013)
(adding Miami International Securities Exchange, LLC (``MIAX'') as a
Sponsor to the OLPP); 76822 (January 1, 2016), 81 FR 1251 (January
11, 2016) (adding EDGX Exchange, Inc. (``EDGX'') (n/k/a Cboe EDGX
Exchange, Inc. (``Cboe EDGX'')) as a Sponsor to the OLPP); 77323
(March 8, 2016), 81 FR 13433 (March 14, 2016) (adding ISE Mercury,
LLC (``ISE Mercury'') (n/k/a Nasdaq MRX, LLC (``Nasdaq MRX'')) as a
Sponsor to the OLPP); 79897 (January 30, 2017), 82 FR 9263 (February
3, 2017) (adding MIAX PEARL, LLC (``MIAX PEARL'') as a Sponsor to
the OLPP) and 85228 (March 1, 2019), 84 FR 8355 (March 7, 2019)
(adding MIAX Emerald, LLC (``MIAX Emerald'') as a Sponsor to the
OLPP).
\4\ See Securities and Exchange Act Release No. 88806 (May 4,
2020), 85 FR 27451 (May 8, 2020) (File No. 10-237).
\5\ See Securities and Exchange Act Release No. 95445 (August 8,
2022), 87 FR 49894 (August 12, 2022) (File No. SR-MEMX-2022-10).
\6\ See id. at 49907.
\7\ A ``Plan Sponsor'' is an Eligible Exchange whose
participation in the OLPP has become effective pursuant to Section 7
of the OLPP.
\8\ See Letter from Anders Franzon, General Counsel, MEMX, to
Vanessa Countryman, Secretary, Commission, dated August 29, 2023
(``Amendment'').
---------------------------------------------------------------------------
I. Description and Purpose of the Amendment
The OLPP establishes procedures designed to facilitate the listing
and trading of standardized options contracts on the options exchanges.
The amendment to the OLPP adds MEMX as a Sponsor. The other OLPP
Sponsors are BOX, Cboe, Cboe BZX, Cboe C2, Cboe EDGX, Nasdaq BX, MIAX,
MIAX Emerald, MIAX PEARL, Nasdaq, Nasdaq GEMX, Nasdaq ISE, Nasdaq MRX,
Nasdaq Phlx, NYSE American, NYSE Arca, and OCC. MEMX has submitted an
executed copy of the OLPP to the Commission in accordance with the
procedures set forth in the OLPP regarding new Plan Sponsors. Section 7
of the OLPP provides for the entry of new Plan Sponsors to the OLPP.
Specifically, Section 7 of the OLPP provides that an Eligible Exchange
\9\ may become a Plan Sponsor of the OLPP by: (i) executing a copy of
the OLPP, as then in effect; (ii) providing each then-current Plan
Sponsor with a copy of such executed OLPP; and (iii) effecting an
amendment to the OLPP, as specified in Section 7(ii) of the OLPP.\10\
---------------------------------------------------------------------------
\9\ The OLPP defines an ``Eligible Exchange'' as a national
securities exchange registered with the Commission pursuant to
Section 6(a) of the Act, 15 U.S.C. 78f(a), that (1) has effective
rules for the trading of options contracts issued and cleared by the
OCC approved in accordance with the provisions of the Act and the
rules and regulations thereunder and (2) is a party to the Plan for
Reporting Consolidated Options Last Sale Reports and Quotation
Information (the ``OPRA Plan''). MEMX has represented that it has
met both the requirements for being considered an Eligible Exchange.
See Amendment, supra note 8 (Section 7(i) of the OLPP).
\10\ MEMX has represented that it has executed a copy of the
current Plan, amended to include MEMX as a Plan Sponsor in Section 9
of the Plan, and has provided each current Plan Sponsor with a copy
of the executed and amended Plan. See Amendment, supra note 8.
---------------------------------------------------------------------------
Section 7(ii) of the OLPP sets forth the process by which an
Eligible Exchange may effect an amendment to the OLPP to become a Plan
Sponsor. Specifically, an Eligible Exchange must: (a) execute a copy of
the OLPP as then in effect with the only change being the addition of
the new Plan Sponsor's name in Section 9 of the OLPP; \11\ and (b)
submit the executed OLPP to the Commission. The OLPP then provides that
such an amendment will be effective when the amendment is approved by
the Commission or otherwise becomes effective pursuant to Section 11A
of the Act and Rule 608 thereunder.
---------------------------------------------------------------------------
\11\ The list of Plan Sponsors is set forth in Section 9 of the
OLPP.
---------------------------------------------------------------------------
II. Effectiveness of the OLPP Amendment
The foregoing OLPP amendment has become effective pursuant to Rule
608(b)(3)(iii) \12\ because it has been designated by the sponsors as
involving solely technical or ministerial matters. At any time within
sixty days of the filing of the amendment, the Commission may summarily
abrogate the amendment and require that it be refiled pursuant to
paragraph (a)(1) of Rule 608,\13\ if it appears to the Commission that
such action is necessary or appropriate in the public interest, for the
protection of investors, or the maintenance of fair and orderly
markets, to remove impediments to, and perfect the mechanisms of, a
national market system or otherwise in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------
\12\ 17 CFR 242.608(b)(3)(iii).
\13\ 17 CFR 242.608(a)(1).
---------------------------------------------------------------------------
III. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the amendment is
consistent with the Act and the rules thereunder. Comments may be
submitted by any of the following methods:
[[Page 64964]]
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 4-443 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 4-443. 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 plan that are filed with the Commission,
and all written communications relating to the plan 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 a.m. and 3 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 4-
443 and should be submitted on or before October 11, 2023.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(85).
---------------------------------------------------------------------------
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-20307 Filed 9-19-23; 8:45 am]
BILLING CODE 8011-01-P
