Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Schedule of Fees at Equity 7, Section 3, 1136-1138 [2024-00177]

Download as PDF 1136 Federal Register / Vol. 89, No. 6 / Tuesday, January 9, 2024 / Notices khammond on DSKJM1Z7X2PROD with NOTICES represented slightly in excess of 0.50% [sic] of Consolidated Volume on each day of December 2023 other than December 13, but was prevented from reaching comparable levels on that date due to the RASH issue, it is possible that the rebate it would ultimately earn for the entire month would be lower than would otherwise have been the case. Similarly, a member may be entitled to receive an enhanced rebate under BX’s Qualified Market Maker Program or its Retail Price Improvement Program, based on its achievement of certain Consolidated Volume or ADV criteria specified in the rule. The ability of a member to achieve these criteria may have also been affected by the RASH issue. Accordingly, in order to ensure that fees and rebates are not adversely impacted by the RASH issue, BX proposes to exclude December 13, 2023 from calculations of Consolidated Volume and ADV made under Equity 7, Section 118 if doing so would allow a member to achieve more favorable pricing than would be the case if the day were included. Thus, members that are unaffected by the RASH issue would not have the day arbitrarily excluded from their calculations. BX will perform all calculations needed to implement the change. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,3 in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,4 in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using any facility, and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers. BX believes that the proposed change is reasonable because it will allow members to receive December 2023 pricing that is based on either the exclusion, or the inclusion, of December 13, whichever is more favorable to the member. The proposed change is equitable and not unfairly discriminatory, because it will ensure that the fees and rebates applicable to members that were subject to the RASH issue are not adversely affected by the issue. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose U.S.C. 78f(b). 4 15 U.S.C. 78f(b)(4) and (5). any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The change will help to ensure that members that were affected by the RASH issue are not required to pay higher fees, or receive lower rebates, during December 2023 than would otherwise be the case. Accordingly, BX believes that the proposed changes will protect members from incurring unanticipated charges. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act.5 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: (i) necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule 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: 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– BX–2023–034 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–BX–2023–034. 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 3 15 VerDate Sep<11>2014 16:38 Jan 08, 2024 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–BX–2023–034 and should be submitted on or before January 30, 2024. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.6 Sherry R. Haywood, Assistant Secretary. [FR Doc. 2024–00176 Filed 1–8–24; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–99268; File No. SR–Phlx– 2023–58] Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange’s Schedule of Fees at Equity 7, Section 3 January 3, 2024. 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 December 21, 2023, Nasdaq PHLX LLC (‘‘PHLX’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II, and 6 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 5 15 Jkt 262001 PO 00000 U.S.C. 78s(b)(3)(A)(ii). Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\09JAN1.SGM 09JAN1 Federal Register / Vol. 89, No. 6 / Tuesday, January 9, 2024 / Notices 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 The Exchange proposes to amend the Exchange’s schedule of fees at Equity 7, Section 3. The text of the proposed rule change is available on the Exchange’s website at https://listingcenter.nasdaq.com/ rulebook/phlx/rules, 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 Exchange 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 these 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 aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change khammond on DSKJM1Z7X2PROD with NOTICES 1. Purpose On December 13, 2023, PHLX experienced a technical issue with its RASH order handling system. The issue involved a duplication of an internal order identification numbers, which impacted a subset of orders for some members, including unacknowledged orders, an inability to cancel open orders, intermittent port disconnects, missing execution reports, and mismatched execution reports. Because PHLX’s fee and rebate schedule in Equity 7, Section 3 provide that member organizations may achieve better pricing if they achieve certain specified volumes of activity during a given month (as measured by Consolidated Volume (defined below) and Average Daily Volume (‘‘ADV’’)), the RASH issue may have impacted the ability of affected member organizations to reach the required volumes. By way of illustration, a member with shares of liquidity provided in all securities through one of its market participant identifiers (‘‘MPIDs’’) that represent more than 0.15% of the total VerDate Sep<11>2014 16:38 Jan 08, 2024 Jkt 262001 consolidated volume reported to all consolidated transaction reporting plans by all exchanges and trade reporting facilities in equity securities of at least one round lot (‘‘Consolidated Volume’’) during a month receives a rebate of $0.0033 per share executed with respect to liquidity that it provides during the month through displayed orders. By contrast, member organizations providing lower volumes of liquidity receive lower rebates ranging from $0.0032–$0.0020 per share executed. If a member organization had provided liquidity that represented slightly in excess of 0.15% of Consolidated Volume on each day of December 2023 other than December 13, but was prevented from reaching comparable levels on that date due to the RASH issue, it is possible that the rebate it would ultimately earn for the entire month would be lower than would otherwise have been the case. Accordingly, in order to ensure that fees and rebates are not adversely impacted by the RASH issue, PHLX proposes to exclude December 13, 2023 from calculations of Consolidated Volume and ADV made under Equity 7, Section 3 if doing so would allow a member organization to achieve more favorable pricing than would be the case if the day were included. Thus, member organizations that are unaffected by the RASH issue would not have the day arbitrarily excluded from their calculations. PHLX will perform all calculations needed to implement the change. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,3 in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,4 in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among member organizations and issuers and other persons using any facility, and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers. PHLX believes that the proposed change is reasonable because it will allow member organizations to receive December 2023 pricing that is based on either the exclusion, or the inclusion, of December 13, whichever is more favorable to the member organization. The proposed change is equitable and not unfairly discriminatory, because it will ensure that the fees and rebates applicable to member organizations that 3 15 4 15 PO 00000 U.S.C. 78f(b). U.S.C. 78f(b)(4) and (5). Frm 00078 Fmt 4703 Sfmt 4703 1137 were subject to the RASH issue are not adversely affected by the issue. 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 not necessary or appropriate in furtherance of the purposes of the Act. The change will help to ensure that member organizations that were affected by the RASH issue are not required to pay higher fees, or receive lower rebates, during December 2023 than would otherwise be the case. Accordingly, PHLX believes that the proposed changes will protect member organizations from incurring unanticipated charges. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act.5 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: (i) necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule 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: 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– Phlx–2023–58 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange 5 15 E:\FR\FM\09JAN1.SGM U.S.C. 78s(b)(3)(A)(ii). 09JAN1 1138 Federal Register / Vol. 89, No. 6 / Tuesday, January 9, 2024 / Notices Commission, 100 F Street NE, Washington, DC 20549–1090. All submissions should refer to file number SR–Phlx–2023–58. 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–Phlx–2023–58 and should be submitted on or before January 30, 2024. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.6 Sherry R. Haywood, Assistant Secretary. [FR Doc. 2024–00177 Filed 1–8–24; 8:45 am] BILLING CODE 8011–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Publication of 2024 Tariff Rate Quota Quantity Limitations Under the U.S.Australia Free Trade Agreement Office of the United States Trade Representative (USTR). ACTION: Notice. khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: In accordance with the U.S.Australia Free Trade Agreement entered into by the United States and the Commonwealth of Australia, USTR is providing notice of tariff-rate quota SUMMARY: 6 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 16:38 Jan 08, 2024 Jkt 262001 quantity limitations of certain tariff subheadings for calendar year (CY) 2024. The changes made by this notice are applicable as of January 1, 2024. FOR FURTHER INFORMATION CONTACT: Sarah E. Fasano, Office of Agricultural Affairs, at (202) 395–6127 or Sarah.E.Fasano@ustr.eop.gov. SUPPLEMENTARY INFORMATION: Pursuant to section 201 of the United StatesAustralia Free Trade Agreement Implementation Act (Pub. L. 108–286; 118 Stat. 919) (19 U.S.C. 3805 note), Presidential Proclamation No. 7857 of December 20, 2004, and subchapter XXII of chapter 98 of the Harmonized Tariff Schedule of the United States (HTSUS), the Annex to this notice provides the quantitative limitations in 2024 of originating goods of Australia entering the United States under certain subheadings. DATES: Annex Effective with respect to originating goods of Australia, entered under the terms of general note 28 to the HTSUS and under subchapter XXII of chapter 98, on or after January 1, 2024, and through the close of December 31, 2024: 1. For purposes of U.S. note 8 to subchapter XXII of chapter 98 of the HTSUS, the aggregate quantity of originating goods of Australia entered under subheading 9822.04.01 shall not exceed 70,843 metric tons for CY2024. 2. For purposes of U.S. note 9 to subchapter XXII of chapter 98 of the HTSUS, the aggregate quantity of originating goods of Australia entered under subheading 9822.04.05 shall not exceed 22,692,000 liters for CY2024. 3. For purposes of U.S. note 10 to subchapter XXII of chapter 98 of the HTSUS, the aggregate quantity of originating goods of Australia entered under subheading 9822.04.10 shall not exceed 2,630 metric tons for CY2024. 4. For purposes of U.S. note 11 to subchapter XXII of chapter 98 of the HTSUS, the aggregate quantity of originating goods of Australia entered under subheading 9822.04.15 shall not exceed 175 metric tons for CY2024. 5. For purposes of U.S. note 12 to subchapter XXII of chapter 98 of the HTSUS, the aggregate quantity of originating goods of Australia entered under subheading 9822.04.20 shall not exceed 8,427 metric tons for CY2024. 6. For purposes of U.S. note 13 to subchapter XXII of chapter 98 of the HTSUS, the aggregate quantity of originating goods of Australia entered under subheading 9822.04.25 shall not exceed 4,538 metric tons for CY2024. PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 7. For purposes of U.S. note 14 to subchapter XXII of chapter 98 of the HTSUS, the aggregate quantity of originating goods of Australia entered under subheading 9822.04.30 shall not exceed 9,077 metric tons for CY2024. 8. For purposes of U.S. note 15 to subchapter XXII of chapter 98 of the HTSUS, the aggregate quantity of originating goods of Australia entered under subheading 9822.04.35 shall not exceed 8,844 metric tons for CY2024. 9. For purposes of U.S. note 16 to subchapter XXII of chapter 98 of the HTSUS, the aggregate quantity of originating goods of Australia entered under subheading 9822.04.40 shall not exceed 5,054 metric tons for CY2024. 10. For purposes of U.S. note 17 to subchapter XXII of chapter 98 of the HTSUS, the aggregate quantity of originating goods of Australia entered under subheading 9822.04.45 shall not exceed 1,315 metric tons for CY2024. 11. For purposes of U.S. note 18 to subchapter XXII of chapter 98 of the HTSUS, the aggregate quantity of originating goods of Australia entered under subheading 9822.04.50 shall not exceed 877 metric tons for CY2024. 12. For purposes of U.S. note 19 to subchapter XXII of chapter 98 of the HTSUS, the aggregate quantity of originating goods of Australia entered under subheading 9822.04.65 shall not exceed 1,263 metric tons for CY2024. Douglas McKalip, Chief Agricultural Negotiator, Office of the United States Trade Representative. [FR Doc. 2024–00227 Filed 1–8–24; 8:45 am] BILLING CODE 3290–F4–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2023–2111; Summary Notice No. 2024–01] Petition for Exemption; Summary of Petition Received; Software Development Alternatives, Inc. Federal Aviation Administration (FAA), DOT. ACTION: Notice of petition for exemption received. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public’s awareness of, and participation in, the FAA’s exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the SUMMARY: E:\FR\FM\09JAN1.SGM 09JAN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 89, Number 6 (Tuesday, January 9, 2024)]
[Notices]
[Pages 1136-1138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00177]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99268; File No. SR-Phlx-2023-58]


Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the 
Exchange's Schedule of Fees at Equity 7, Section 3

January 3, 2024.
    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 December 21, 2023, Nasdaq PHLX LLC (``PHLX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II, and

[[Page 1137]]

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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 amend the Exchange's schedule of fees at 
Equity 7, Section 3.
    The text of the proposed rule change is available on the Exchange's 
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, 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 Exchange 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 these 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 aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On December 13, 2023, PHLX experienced a technical issue with its 
RASH order handling system. The issue involved a duplication of an 
internal order identification numbers, which impacted a subset of 
orders for some members, including unacknowledged orders, an inability 
to cancel open orders, intermittent port disconnects, missing execution 
reports, and mismatched execution reports.
    Because PHLX's fee and rebate schedule in Equity 7, Section 3 
provide that member organizations may achieve better pricing if they 
achieve certain specified volumes of activity during a given month (as 
measured by Consolidated Volume (defined below) and Average Daily 
Volume (``ADV'')), the RASH issue may have impacted the ability of 
affected member organizations to reach the required volumes. By way of 
illustration, a member with shares of liquidity provided in all 
securities through one of its market participant identifiers 
(``MPIDs'') that represent more than 0.15% of the total consolidated 
volume reported to all consolidated transaction reporting plans by all 
exchanges and trade reporting facilities in equity securities of at 
least one round lot (``Consolidated Volume'') during a month receives a 
rebate of $0.0033 per share executed with respect to liquidity that it 
provides during the month through displayed orders. By contrast, member 
organizations providing lower volumes of liquidity receive lower 
rebates ranging from $0.0032-$0.0020 per share executed. If a member 
organization had provided liquidity that represented slightly in excess 
of 0.15% of Consolidated Volume on each day of December 2023 other than 
December 13, but was prevented from reaching comparable levels on that 
date due to the RASH issue, it is possible that the rebate it would 
ultimately earn for the entire month would be lower than would 
otherwise have been the case.
    Accordingly, in order to ensure that fees and rebates are not 
adversely impacted by the RASH issue, PHLX proposes to exclude December 
13, 2023 from calculations of Consolidated Volume and ADV made under 
Equity 7, Section 3 if doing so would allow a member organization to 
achieve more favorable pricing than would be the case if the day were 
included. Thus, member organizations that are unaffected by the RASH 
issue would not have the day arbitrarily excluded from their 
calculations. PHLX will perform all calculations needed to implement 
the change.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\3\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act,\4\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees and other charges 
among member organizations and issuers and other persons using any 
facility, and is not designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    PHLX believes that the proposed change is reasonable because it 
will allow member organizations to receive December 2023 pricing that 
is based on either the exclusion, or the inclusion, of December 13, 
whichever is more favorable to the member organization. The proposed 
change is equitable and not unfairly discriminatory, because it will 
ensure that the fees and rebates applicable to member organizations 
that were subject to the RASH issue are not adversely affected by the 
issue.

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 not necessary or appropriate in 
furtherance of the purposes of the Act. The change will help to ensure 
that member organizations that were affected by the RASH issue are not 
required to pay higher fees, or receive lower rebates, during December 
2023 than would otherwise be the case. Accordingly, PHLX believes that 
the proposed changes will protect member organizations from incurring 
unanticipated charges.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\5\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    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: (i) 
necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule 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:

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-Phlx-2023-58 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange

[[Page 1138]]

Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to file number SR-Phlx-2023-58. 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-Phlx-2023-58 and should be 
submitted on or before January 30, 2024.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-00177 Filed 1-8-24; 8:45 am]
BILLING CODE 8011-01-P

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