Sunshine Act Meetings, 13774-13775 [2024-03810]
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Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Notices
Exchange to enhance the value of a data
product that is similar to those offered
by other competitor options
exchanges.17 The Exchange proposes to
allow subscribers who purchase IntraDay Open Close data the ability to
request End-of-Day Open-Close data for
no additional charge to keep pace with
evolving customer needs, and believes
that providing such data to market
participants that make requests for it
will continue to contribute to robust
competition among national securities
exchanges. Multiple other U.S. options
exchanges offer end-of-day and intraday Open-Close report data with fees
that are substantially similar to the
Exchange’s fees. As a result, the
Exchange believes this proposed rule
change permits fair competition among
national securities exchanges.
Furthermore, the Exchange operates
in a highly competitive environment,
and its ability to price Open-Close
Report data is constrained by
competition among exchanges that offer
Open-Close report data to their
customers. The Exchange notes that
there are currently a number of similar
products available to market
participants and investors. Multiple
other U.S. options exchanges offer
Open-Close report data, which the
Exchange must consider in its pricing
discipline in order to compete for the
market data.18 The Exchange notes that
this proposal is akin to a fee break for
subscribers because it would decrease
the cost to purchase a broader scope of
Open-Close Report data from the
Exchange by allowing Intra-Day
subscribers to request End-of-Day data
for no additional charge. Further, the
Exchange is not aware that any other
U.S. options exchange offers portions of
their Open-Close Report data for no
additional charge, including as
proposed herein. Nonetheless, should
the Exchange propose fees that are
excessively higher than established fees
for Open-Close Report data would
simply serve to reduce demand for the
Exchange’s data product, which as
discussed, market participants are under
no obligation to utilize. In this
competitive environment, potential
purchasers are free to choose which, if
any, similar product to purchase to
satisfy their need for market
information. As a result, the Exchange
believes this proposed rule change
permits fair competition among national
securities exchanges.
The Exchange also does not believe
the proposal would cause any
unnecessary or inappropriate burden on
17 See
supra note 7.
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,19 and Rule
19b–4(f)(2) 20 thereunder. 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. 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:
• 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–
MIAX–2024–09 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.
20 17
17:19 Feb 22, 2024
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CFR 240.19b–4(f)(2).
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All submissions should refer to file
number SR–MIAX–2024–09. 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–MIAX–2024–09 and should be
submitted on or before March 15, 2024.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.21
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–03646 Filed 2–22–24; 8:45 am]
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Sunshine Act Meetings
Electronic Comments
19 15
18 Id.
VerDate Sep<11>2014
intermarket competition as other
exchanges are free to introduce their
own comparable data product and lower
their prices for Open-Close Report data
to better compete with the Exchange’s
offering. The Exchange does not believe
the proposed rule change would cause
any unnecessary or inappropriate
burden on intramarket competition.
Particularly, the proposal would apply
uniformly to any market participant.
The proposal allows any interested
Member or non-Member to request
Open-Close Report data based on their
business needs.
Sfmt 4703
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 Investor
Advisory Committee will hold a public
meeting on Thursday, March 7, 2024.
The meeting will begin at 10:00 a.m.
(ET) and will be open to the public.
PLACE: The meeting will be conducted
in-person at 100 F Street NE,
Washington, DC 20549 in the
Multipurpose Room, and by remote
TIME AND DATE:
21 17
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Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Notices
means. Members of the public may
attend in-person, or watch the webcast
of the meeting on the Commission’s
website at www.sec.gov.
STATUS: This Sunshine Act notice is
being issued because a majority of the
Commission may attend the meeting.
PUBLIC COMMENT: The public is invited
to submit written statements to the
Committee. Written statements should
be received on or before March 6, 2024.
Written statements may be submitted
by any of the following methods:
ddrumheller on DSK120RN23PROD with NOTICES1
Electronic Statements
• Use the Commission’s internet
submission form (https://www.sec.gov/
rules/other.shtml); or
• Send an email message to rulescomments@sec.gov. Please include File
No. 265–28 on the subject line; or
Paper Electronic Statements
• Send paper statements to Vanessa
A. Countryman, Secretary, Securities
and Exchange Commission, 100 F Street
NE, Washington, DC 20549–1090.
All submissions should refer to File No.
265–28. This file number should be
included on the subject line if email is
used. To help us process and review
your statement more efficiently, please
use only one method.
The Commission will post all
statements on the Commission’s
website. Statements also will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE, Room
1503, Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Operating
conditions may limit access to the
Commission’s Public Reference Room.
Do not include personal 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.
MATTERS TO BE CONSIDERED: The agenda
for the meeting includes: welcome and
opening remarks; approval of previous
meeting minutes; a panel discussing the
U.S. Securities and Exchange
Commission’s proposals to improve
equity market structure; a panel
examining the use of materiality as a
disclosure standard—can the definition
be improved to better serve investors; a
discussion of a recommendation
regarding digital engagement practices;
subcommittee and working group
reports; and a non-public administrative
session.
CONTACT PERSON FOR MORE INFORMATION:
For further information, please contact
VerDate Sep<11>2014
17:19 Feb 22, 2024
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Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.
Authority: 5 U.S.C. 552b.
Dated: February 21, 2024.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2024–03810 Filed 2–21–24; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–99551; File No. SRCboeBZX–2024–016]
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend Its
Fees Schedule Related to Physical
Port Fees
February 16, 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 February
9, 2024, Cboe BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX Equities’’)
proposes to amend its Fees Schedule.
The text of the proposed rule change is
provided in Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (https://markets.cboe.com/us/
equities/regulation/rule_filings/BZX/),
at the Exchange’s Office of the
Secretary, 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
1 15
2 17
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
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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
The Exchange proposes to amend its
fee schedule relating to physical
connectivity fees.3
By way of background, a physical port
is utilized by a Member or non-Member
to connect to the Exchange at the data
centers where the Exchange’s servers are
located. The Exchange currently
assesses the following physical
connectivity fees for Members and nonMembers on a monthly basis: $2,500 per
physical port for a 1 gigabit (‘‘Gb’’)
circuit and $7,500 per physical port for
a 10 Gb circuit. The Exchange proposes
to increase the monthly fee for 10 Gb
physical ports from $7,500 to $8,500 per
port. The Exchange notes the proposed
fee change better enables it to continue
to maintain and improve its market
technology and services and also notes
that the proposed fee amount, even as
amended, continues to be in line with,
or even lower than, amounts assessed by
other exchanges for similar
connections.4 The physical ports may
also be used to access the Systems for
the following affiliate exchanges and
only one monthly fee currently (and
will continue) to apply per port: the
Exchange’s options platform (BZX
Options), Cboe EDGX Exchange, Inc.
(options and equities platforms), Cboe
3 The Exchange initially filed the proposed fee
changes on July 3, 2023 (SR–CboeBZX–2023–046).
On September 1, 2023, the Exchange withdrew that
filing and submitted SR–CboeBZX–2023–067. On
September 29, 2023, the Securities and Exchange
Commission issued a Suspension of and Order
Instituting Proceedings to Determine whether to
Approve or Disapprove a Proposed Rule Change to
Amend its Fees Schedule Related to Physical Port
Fees (the ‘‘OIP’’). On October 2, 2023, the Exchange
filed the proposed fee change (SR–CboeBZX–2023–
080). On October 13, 2023, the Exchange withdrew
that filing and on business date October 16, 2023
submitted SR–CboeBZX–2023–084. On December
12, 2023, the Exchange withdrew that filing and
submitted SR–CboeBZX–2023–103. On February 9,
2024, the Exchange withdrew that filing and
submitted this filing.
4 See e.g., The Nasdaq Stock Market LLC
(‘‘Nasdaq’’), General 8, Connectivity to the
Exchange. Nasdaq and its affiliated exchanges
charge a monthly fee of $15,000 for each 10Gb Ultra
fiber connection to the respective exchange, which
is analogous to the Exchange’s 10Gb physical port.
See also New York Stock Exchange LLC, NYSE
American LLC, NYSE Arca, Inc., NYSE Chicago
Inc., NYSE National, Inc. Connectivity Fee
Schedule, which provides that 10 Gb LX LCN
Circuits (which are analogous to the Exchange’s 10
Gb physical port) are assessed $22,000 per month,
per port.
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Agencies
[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Notices]
[Pages 13774-13775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03810]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meetings
TIME AND DATE: 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 Investor Advisory Committee will
hold a public meeting on Thursday, March 7, 2024. The meeting will
begin at 10:00 a.m. (ET) and will be open to the public.
PLACE: The meeting will be conducted in-person at 100 F Street NE,
Washington, DC 20549 in the Multipurpose Room, and by remote
[[Page 13775]]
means. Members of the public may attend in-person, or watch the webcast
of the meeting on the Commission's website at www.sec.gov.
STATUS: This Sunshine Act notice is being issued because a majority of
the Commission may attend the meeting.
PUBLIC COMMENT: The public is invited to submit written statements to
the Committee. Written statements should be received on or before March
6, 2024.
Written statements may be submitted by any of the following
methods:
Electronic Statements
Use the Commission's internet submission form (https://www.sec.gov/rules/other.shtml); or
Send an email message to [email protected]. Please
include File No. 265-28 on the subject line; or
Paper Electronic Statements
Send paper statements to Vanessa A. Countryman, Secretary,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549-1090.
All submissions should refer to File No. 265-28. This file number
should be included on the subject line if email is used. To help us
process and review your statement more efficiently, please use only one
method.
The Commission will post all statements on the Commission's
website. Statements also will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Room 1503, Washington, DC 20549, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Operating conditions may limit access
to the Commission's Public Reference Room. Do not include personal
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.
MATTERS TO BE CONSIDERED: The agenda for the meeting includes: welcome
and opening remarks; approval of previous meeting minutes; a panel
discussing the U.S. Securities and Exchange Commission's proposals to
improve equity market structure; a panel examining the use of
materiality as a disclosure standard--can the definition be improved to
better serve investors; a discussion of a recommendation regarding
digital engagement practices; subcommittee and working group reports;
and a non-public administrative session.
CONTACT PERSON FOR MORE INFORMATION: For further information, please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
Authority: 5 U.S.C. 552b.
Dated: February 21, 2024.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2024-03810 Filed 2-21-24; 11:15 am]
BILLING CODE 8011-01-P