Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Update Citations to Rule 600(b) of Regulation National Market System, 84867-84869 [2023-26729]
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices
At any time within 60 days of the
filing of the 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:
lotter on DSK11XQN23PROD with NOTICES1
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–
NYSE–2023–45 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–2023–45. 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
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
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
VerDate Sep<11>2014
20:52 Dec 05, 2023
Jkt 262001
withhold entirely from publication
submitted material that is obscene or
subject to copyright protection. All
submissions should refer to file number
SR–NYSE–2023–45 and should be
submitted on or before December 27,
2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–26728 Filed 12–5–23; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–99056; File No. SR–
NYSEAMER–2023–61]
Self-Regulatory Organizations; NYSE
American LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Update Citations to
Rule 600(b) of Regulation National
Market System
November 30, 2023.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (‘‘Act’’
or ‘‘Exchange Act’’) 2 and Rule 19b–4
thereunder,3 notice is hereby given that
on November 20, 2023, NYSE American
LLC (‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘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 update
citations to Rule 600(b) of Regulation
National Market System (‘‘Regulation
NMS’’) in Rule 7.31E (Orders and
Modifiers); Rule 5320—Equities
(Prohibition Against Trading Ahead of
Customer Orders); Rule 6140—Equities
(Other Trading Practices); Rule 6810
(Consolidated Audit Trail—Definitions);
and Rule 7410—Equities (Definitions).
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.
12 17
CFR 200.30–3(a)(12), (59).
1 15 U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
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84867
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 update
citations to Rule 600(b) of Regulation
NMS in Rule 7.31E (Orders and
Modifiers); Rule 5320—Equities
(Prohibition Against Trading Ahead of
Customer Orders); Rule 6140—Equities
(Other Trading Practices); Rule 6810
(Consolidated Audit Trail—Definitions);
and Rule 7410—Equities (Definitions).
In 2021, the Securities and Exchange
Commission (the ‘‘Commission’’)
amended Regulation NMS under the Act
in connection with the adoption of the
Market Data Infrastructure Rules.4 As
part of that initiative, the Commission
adopted new definitions in Rule 600(b)
of Regulation NMS and renumbered the
remaining definitions, including the
definition of Intermarket Sweep Order
(formerly Rule 600(b)(30)), Listed
Option (formerly Rule 600(b)(35)), and
NMS Stock (formerly Rule 600(b)(47)).
The Exchange accordingly proposes to
update the relevant citations to Rule
600(b) in its rules as follows.
• The citation to the definition of
Intermarket Sweep Order in Rule
7.31E(e)(3), Rule 5320—Equities,
Supplementary Material .04, and Rule
7410(h) would be changed to Rule
600(b)(38).
• The citation to the definition of
NMS Stock in Rule 6140—Equities(a)
and Rule 6810(qq) would be changed to
Rule 600(b)(55).
• The citation to the definition of
Listed Option in Rule 6810(y) would be
changed to Rule 600(b)(43).
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
4 See Securities Exchange Act Release No. 90610,
86 FR 18596 (April 9, 2021) (S7–03–20).
E:\FR\FM\06DEN1.SGM
06DEN1
84868
Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices
Section 6(b)(5) of the Exchange Act,5 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.
The Exchange believes that the
proposed changes to its rules to correct
citations to Rule 600(b) of Regulation
NMS 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
lotter on DSK11XQN23PROD with NOTICES1
In accordance with Section 6(b)(8) of
the Act,6 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 rather
would modify Exchange rules to update
citations to Rule 600(b) of Reg NMS.
Since the proposal does not
substantively modify system
functionality or processes on the
Exchange, the proposed changes will
not impose any burden on competition.
No written comments were solicited
or received with respect to the proposed
rule change.
6 15
U.S.C. 78f(b)(5).
U.S.C. 78f(b)(8).
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20:52 Dec 05, 2023
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Pursuant to Section 19(b)(3)(A) of the
Act 7 and Rule 19b–4(f)(6) 8 thereunder,
the Exchange has designated this
proposal as one that effects a change
that: (i) does not significantly affect the
protection of investors or the public
interest; (ii) does not impose any
significant burden on competition; and
(iii) by its terms, does not become
operative for 30 days after the date of
the filing, or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest.9
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) 10 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
filing. The proposed change raises no
novel legal or regulatory issues and
modifies the Exchange’s rules to correct
citations to Rule 600(b) of Regulation
NMS, which should help prevent
confusion and result in increased clarity
within the Exchange’s rules. 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.11
At any time within 60 days of the
filing of the 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.
7 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
9 In addition, Rule 19b–4(f)(6) requires a selfregulatory 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.
10 17 CFR 240.19b–4(f)(6)(iii).
11 For 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).
8 17
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
5 15
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
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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–
NYSEAMER–2023–61 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–NYSEAMER–2023–61. 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
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
SR–NYSEAMER–2023–61 and should
be submitted on or before December 27,
2023.
E:\FR\FM\06DEN1.SGM
06DEN1
Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–26729 Filed 12–5–23; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Military Reservist Economic Injury
Disaster Loans; Interest Rate for First
Quarter FY 2024
Small Business Administration.
Notice.
AGENCY:
ACTION:
This is a notice for the
Military Reservist Economic Injury
Disaster Loans interest rate for loans
approved on or after October 31, 2023.
DATES: Issued on November 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Robert Blocker, Office of Financial
Assistance, U.S. Small Business
Administration, at robert.blocker@
sba.gov; or (202) 619–0477.
SUPPLEMENTARY INFORMATION: The Small
Business Administration publishes an
interest rate for Military Reservist
Economic Injury Disaster Loans (13 CFR
123.512) on a quarterly basis. The
interest rate will be 4.000 for loans
approved on or after October 31, 2023.
SUMMARY:
Robert Blocker,
Chief, Disaster Loan Policy Division, Office
of Financial Assistance.
[FR Doc. 2023–26397 Filed 12–5–23; 8:45 am]
BILLING CODE 8026–09–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket Number USTR–2023–0014]
Request for Comments and Notice of
a Public Hearing Regarding the 2024
Special 301 Review
Office of the United States
Trade Representative.
ACTION: Request for comments and
notice of public hearing.
AGENCY:
Each year, the Office of the
United States Trade Representative
(USTR) conducts a review to identify
countries that deny adequate and
effective protection of intellectual
property (IP) rights or deny fair and
equitable market access to U.S. persons
who rely on IP protection. Based on this
review, the U.S. Trade Representative
determines which, if any, of these
countries to identify as Priority Foreign
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
12 17
CFR 200.30–3(a)(12), (59).
VerDate Sep<11>2014
20:52 Dec 05, 2023
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Countries. USTR requests written
comments that identify acts, policies or
practices that may form the basis of a
country’s identification as a Priority
Foreign Country or placement on the
Priority Watch List or Watch List.
DATES:
January 30, 2024 at 11:59 p.m. EST:
Deadline for submission of written
comments, hearing statements, and
notices of intent to appear at the hearing
from the public.
February 13, 2024 at 11:59 p.m. EST:
Deadline for submission of written
comments, hearing statements, and
notices of intent to appear at the hearing
from foreign governments.
February 21, 2024: The Special 301
Subcommittee will hold a public
hearing at the Office of the United State
Trade Representative, 1724 F Street NW,
Rooms 1&2, Washington, DC. If
necessary, the hearing may continue on
the next business day. Those who
intend to testify at the public hearing
must submit a notice of intent to appear
by the deadlines stated above. Please
consult the USTR website at https://
ustr.gov/issue-areas/intellectualproperty/Special-301 for confirmation of
the date and location and the schedule
of witnesses.
February 28, 2024 at 11:59 p.m. EST:
Deadline for submission of post-hearing
written comments from persons who
testified at the public hearing.
On or about April 26, 2024: USTR
will publish the 2024 Special 301
Report within 30 days of the publication
of the National Trade Estimate Report.
ADDRESSES: USTR strongly encourages
electronic submissions made through
the Federal eRulemaking Portal: https://
www.regulations.gov (Regulations.gov).
Follow the submission instructions in
section IV below. The docket number is
USTR–2023–0014. For alternatives to
on-line submissions, please contact
USTR at Special301@ustr.eop.gov before
transmitting a comment and in advance
of the relevant deadline.
FOR FURTHER INFORMATION CONTACT:
Claire Avery-Page, Director for
Innovation and Intellectual Property, at
Special301@ustr.eop.gov or (202) 395–
6862. You can find information about
the Special 301 Review at https://
www.ustr.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182 of the Trade Act of 1974
(Trade Act) (19 U.S.C. 2242), commonly
known as the Special 301 provisions,
requires the U.S. Trade Representative
to identify countries that deny adequate
and effective IP protections or fair and
equitable market access to U.S. persons
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84869
who rely on IP protection. The Trade
Act requires the U.S. Trade
Representative to determine which, if
any, of these countries to identify as
Priority Foreign Countries. Acts,
policies or practices that are the basis of
a country’s identification as a Priority
Foreign Country can be subject to the
procedures set out in sections 301–305
of the Trade Act (19 U.S.C. 2411–2415).
In addition, USTR has created a
Priority Watch List and Watch List to
assist in pursuing the goals of the
Special 301 provisions. Placement of a
trading partner on the Priority Watch
List or Watch List indicates that
particular problems exist in that country
with respect to IP protection,
enforcement or market access for
persons that rely on intellectual
property protection. Trading partners
placed on the Priority Watch List are the
focus of increased bilateral attention
concerning the problem areas.
USTR chairs the Special 301
Subcommittee, which reviews
information from many sources, and
consults with and makes
recommendations to the U.S. Trade
Representative on issues arising under
Special 301. Written submissions from
the public are a key source of
information for the Special 301 review
process. In 2024, USTR will conduct a
public hearing as part of the review
process and will allow hearing
participants to provide additional
information relevant to the review. At
the conclusion of the process, USTR
will publish the results of the review in
a Special 301 Report.
USTR requests that interested persons
identify through the process outlined in
this notice those countries the acts,
policies or practices of which deny
adequate and effective protection for IP
rights or deny fair and equitable market
access to U.S. persons who rely on IP
protection. The Special 301 provisions
also require the U.S. Trade
Representative to identify any act,
policy or practice of Canada that affects
cultural industries, was adopted or
expanded after December 17, 1992, and
is actionable under Article 32.6 of the
United States-Mexico-Canada
Agreement (USMCA) (as defined in
section 3 of the USMCA Implementation
Act). USTR invites the public to submit
views relevant to this aspect of the
review.
The Special 301 provisions require
the U.S. Trade Representative to
identify all such acts, policies or
practices within 30 days of the
publication of the National Trade
Estimate Report. In accordance with this
statutory requirement, USTR will
E:\FR\FM\06DEN1.SGM
06DEN1
]]>Agencies
[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84867-84869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26729]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-99056; File No. SR-NYSEAMER-2023-61]
Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Update
Citations to Rule 600(b) of Regulation National Market System
November 30, 2023.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'' or ``Exchange Act'') \2\ and Rule 19b-4 thereunder,\3\
notice is hereby given that on November 20, 2023, NYSE American LLC
(``Exchange'') filed with the Securities and Exchange Commission
(``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.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to update citations to Rule 600(b) of
Regulation National Market System (``Regulation NMS'') in Rule 7.31E
(Orders and Modifiers); Rule 5320--Equities (Prohibition Against
Trading Ahead of Customer Orders); Rule 6140--Equities (Other Trading
Practices); Rule 6810 (Consolidated Audit Trail--Definitions); and Rule
7410--Equities (Definitions). 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 update citations to Rule 600(b) of
Regulation NMS in Rule 7.31E (Orders and Modifiers); Rule 5320--
Equities (Prohibition Against Trading Ahead of Customer Orders); Rule
6140--Equities (Other Trading Practices); Rule 6810 (Consolidated Audit
Trail--Definitions); and Rule 7410--Equities (Definitions).
In 2021, the Securities and Exchange Commission (the
``Commission'') amended Regulation NMS under the Act in connection with
the adoption of the Market Data Infrastructure Rules.\4\ As part of
that initiative, the Commission adopted new definitions in Rule 600(b)
of Regulation NMS and renumbered the remaining definitions, including
the definition of Intermarket Sweep Order (formerly Rule 600(b)(30)),
Listed Option (formerly Rule 600(b)(35)), and NMS Stock (formerly Rule
600(b)(47)).
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 90610, 86 FR 18596
(April 9, 2021) (S7-03-20).
---------------------------------------------------------------------------
The Exchange accordingly proposes to update the relevant citations
to Rule 600(b) in its rules as follows.
The citation to the definition of Intermarket Sweep Order
in Rule 7.31E(e)(3), Rule 5320--Equities, Supplementary Material .04,
and Rule 7410(h) would be changed to Rule 600(b)(38).
The citation to the definition of NMS Stock in Rule 6140--
Equities(a) and Rule 6810(qq) would be changed to Rule 600(b)(55).
The citation to the definition of Listed Option in Rule
6810(y) would be changed to Rule 600(b)(43).
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with
[[Page 84868]]
Section 6(b)(5) of the Exchange Act,\5\ 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.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposed changes to its rules to
correct citations to Rule 600(b) of Regulation NMS 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,\6\ 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 rather would modify Exchange rules to
update citations to Rule 600(b) of Reg NMS. Since the proposal does not
substantively modify system functionality or processes on the Exchange,
the proposed changes will not impose any burden on competition.
---------------------------------------------------------------------------
\6\ 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
Pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6)
\8\ thereunder, the Exchange has designated this proposal as one that
effects a change that: (i) does not significantly affect the protection
of investors or the public interest; (ii) does not impose any
significant burden on competition; and (iii) by its terms, does not
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest.\9\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(6).
\9\ 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.
---------------------------------------------------------------------------
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) \10\ 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 filing. The proposed
change raises no novel legal or regulatory issues and modifies the
Exchange's rules to correct citations to Rule 600(b) of Regulation NMS,
which should help prevent confusion and result in increased clarity
within the Exchange's rules. 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.\11\
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\10\ 17 CFR 240.19b-4(f)(6)(iii).
\11\ For 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).
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At any time within 60 days of the filing of the 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 [email protected]. Please include
file number SR-NYSEAMER-2023-61 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-NYSEAMER-2023-61. 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
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 SR-NYSEAMER-2023-61 and should
be submitted on or before December 27, 2023.
[[Page 84869]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12), (59).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-26729 Filed 12-5-23; 8:45 am]
BILLING CODE 8011-01-P
