Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Interpretation and Policy .03 to Rule 11.10 To Provide an Additional, Optional Risk Setting to Members and Clearing Members, 50640-50644 [2024-13056]

Download as PDF 50640 Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 markets and help to assure the stability of the financial system. Finally, the Exchange believes the proposed rule change does not unfairly discriminate among the Exchange’s Members because use of the proposed Aggregate Credit Risk Checks are optional and are not a prerequisite for participation on the Exchange. The proposed Aggregate Credit Risk Checks are completely voluntary and, as they relate solely to optional risk management functionality, no Member is required or under any regulatory obligation to utilize them. Additionally, the removal of the risk setting offered under Interpretation and Policy .01(h) does not unfairly discriminate as the change applies equally to all Members and Clearing Members (i.e., the risk setting will not be available for any Member or Clearing Member) and merely results in Members not being able to utilize the risk setting, which, as noted above, the Exchange is not required to offer or maintain. Further, the risk settings offered under Interpretation and Policy .01(h) are unnecessary and redundant given the proposed Aggregate Credit Risk Checks, which permit Members and Clearing Members to set credit risk limits at a more granular level. 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 that is not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, the Exchange believes that the proposed rule change may have a positive effect on intermarket competition because it would allow the Exchange to offer risk management functionality that is comparable to functionality offered by other national securities exchanges.19 Further, by providing Members and Clearing Members additional means to monitor and control risk, the proposed rule may increase confidence in the proper functioning of the markets and contribute to additional competition among trading venues and brokerdealers. Rather than impede competition, the proposal is designed to facilitate more robust risk management by Members and Clearing Members, which, in turn, could enhance the integrity of trading on the securities markets and help to assure the stability of the financial system. The proposal to remove the risk setting offered under Interpretation and Policy .01(h) similarly will not impose any burden on competition because the changes apply to all Members and Clearing Members uniformly, as in the risk setting will no longer be available to any Member or Clearing Member. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange neither solicited nor received comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: A. significantly affect the protection of investors or the public interest; B. impose any significant burden on competition; and C. become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to section 19(b)(3)(A) of the Act 20 and Rule 19b–4(f)(6) 21 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 will institute proceedings to determine whether the proposed rule change 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– CboeEDGX–2024–028 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 15 19 Supra note 7. VerDate Sep<11>2014 17:13 Jun 13, 2024 21 17 Jkt 262001 PO 00000 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). Frm 00095 Fmt 4703 Sfmt 4703 All submissions should refer to file number SR–CboeEDGX–2024–028. 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–CboeEDGX–2024–028, and should be submitted on or before July 5, 2024. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.22 Sherry R. Haywood, Assistant Secretary. [FR Doc. 2024–13057 Filed 6–13–24; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–100303; File No. SR– CboeEDGA–2024–017] Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Interpretation and Policy .03 to Rule 11.10 To Provide an Additional, Optional Risk Setting to Members and Clearing Members June 10, 2024. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 22 17 E:\FR\FM\14JNN1.SGM CFR 200.30–3(a)(12). 14JNN1 Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Notices (‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on May 29, 2024, Cboe EDGA Exchange, Inc. (the ‘‘Exchange’’ or ‘‘EDGA’’) filed with the Securities and Exchange Commission (‘‘SEC’’ or ‘‘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 EDGA Exchange, Inc. (the ‘‘Exchange’’ or ‘‘EDGA’’) proposes to amend Interpretation and Policy .03 to Rule 11.10 to provide an additional, optional risk setting to Members and Clearing Members. 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/edga/), 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 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 ddrumheller on DSK120RN23PROD with NOTICES1 1. Purpose The purpose of the proposed rule change is to provide Members 3 and Clearing Members 4 the option to utilize additional risk settings under proposed Interpretation and Policy .03 of Rule 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 See Rule 1.5(n). A ‘‘Member’’ shall mean any Member or Sponsored Participant who is authorized to obtain access to the System pursuant to Rule 11.3. 4 See Rule 11.13(a). The term ‘‘Clearing Member’’ refers to a Member that is a member of a Qualified Clearing Agency and clears transactions on behalf of another Member. 2 17 VerDate Sep<11>2014 17:13 Jun 13, 2024 Jkt 262001 11.10. Based on feedback from its Members, the Exchange proposes to offer additional, optional risk settings at the Market Participant Identifier (‘‘MPID’’) level and/or to a subset of orders identified within the MPID level (the ‘‘risk group identifier’’ level) that would authorize the Exchange to take automated action if a designated limit for a Member is breached. Such risk settings would provide Members and Clearing Members with enhanced abilities to manage their risk with respect to orders on the Exchange.5 Proposed paragraphs (a)(3) and (4) of Interpretation and Policy .03 of Rule 11.10 set forth the specific risk settings the Exchange proposes to offer. The current risk settings noted in paragraphs (a)(1)–(2) of Interpretation and Policy .03 of Rule 11.10 will continue to be available to Members and Clearing Members. Specifically, the Exchange proposes to offer two aggregate credit risk settings (the ‘‘Aggregate Credit Risk Checks’’) as follows: • The ‘‘Aggregate Gross Credit Exposure Limit’’, which refers to a preestablished maximum daily dollar amount for purchases and sales across all symbols, where both purchases and sales are counted as positive values. For purposes of calculating the Aggregate Gross Credit Exposure Limit, both executed and open orders are included; and • The ‘‘Aggregate Net Credit Exposure Limit’’, which refers to a pre-established maximum daily dollar amount for purchases and sales across all symbols, where purchases are counted as positive values and sales are counted as negative values. For purposes of calculating the Aggregate Net Credit Exposure Limit, 5 Similarly, a Sponsoring Member may utilize the check to manage the risk of its Sponsored Participants. A Sponsoring Member shall mean a broker-dealer that has been issued a membership by the Exchange who has been designated by a Sponsored Participant to execute, clear and settle transactions resulting from the System. The Sponsoring Member shall be either (i) a clearing firm with membership in a clearing agency registered with the Commission that maintains facilities through which transactions may be cleared or (ii) a correspondent firm with a clearing arrangement with any such clearing firm. See Rule 1.5(aa). A Sponsored Participant shall mean a person which has entered into a sponsorship arrangement with a Sponsoring Member pursuant to Rule 11.3. Such sponsored relationships generally include where a broker-dealer allows its customer to use the broker-dealer’s MPID or other mechanism or mnemonic to enter orders into the Exchange’s System that bypass the Sponsoring Member’s order handling system and are electronically routed directly to the Exchange by the Sponsored Participant, including through a service bureau or other third-party technology provider. See Rule 1.5(z). See also Securities Exchange Act Release No. 97197 (March 24, 2023), 88 FR 19180 (March 30, 2023), SR–CboeEDGA–2023–004 (‘‘EDGA Sponsored Participant Definition Filing’’) at 19181, footnote 12. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 50641 both executed and open orders are included. The proposed Aggregate Credit Risk Checks are nearly identical to credit risk settings monitoring both gross and net exposure provided for in paragraph (h) of Interpretation and Policy .01 of Rule 11.10, but with one notable difference. Importantly, the proposed Aggregate Credit Risk Checks would be applied at the MPID level and/or risk group identifier level, while the risk settings noted in paragraph (h) of Interpretation and Policy .01 are applied at the logical port level.6 The proposed Aggregate Credit Risk Checks are also nearly identical to the Gross Credit Risk Limit and Net Credit Risk Limit risk settings provided for in Interpretation and Policy .03(a)(1)–(2) of Rule 11.10, but with one notable difference. The proposed Aggregate Credit Risk Checks are both calculated using both executed and open orders, while the risk settings noted in paragraphs (a)(1)–(2) of Interpretation and Policy .03 are calculated using only executed orders. Therefore, the proposed risk management functionality would allow a Member or Clearing Member to manage its risk more comprehensively, instead of (i) relying on the more limited port level functionality offered today under Interpretation and Policy .01(h) and (ii) being subject to limits only calculated at notional execution value under paragraphs (a)(1)–(2) of Interpretation and Policy .03. Stated differently, the calculation of the proposed Aggregate Credit Risk Checks will not differ from the current aggregate credit risk settings offered under paragraph (h) of Interpretation and Policy .01 of Rule 11.13; however, the ability to implement aggregate credit risk limits at the MPID and/or risk group identifier levels will permit Members and Clearing Members to set credit risk limits at a more granular level. The Exchange also notes that the New York Stock Exchange LLC (‘‘NYSE’’) and MIAX Pearl equities exchange (‘‘MIAX Pearl’’) both offer risk settings substantially similar to the Aggregate Credit Risk Checks proposed by the Exchange.7 6 A logical port represents a port established by the Exchange within the Exchange’s System for trading and billing purposes. Each logical port established is specific to a Member or non-Member and grants that Member or non-Member the ability to accomplish a specific function, such as order entry, order cancellation, or data receipt. 7 See NYSE Rule 7.19(b)(1)(A); MIAX Pearl Equities Rule 2618(a)(2)(E)–(F). The Exchange notes that MIAX Pearl adopted Rule 2618(a)(2)(E)–(F) on February 13, 2023, but the functionality may not yet be operational. See Securities Exchange Act Release No. 96905 (February 13, 2023), 88 FR 10391 E:\FR\FM\14JNN1.SGM Continued 14JNN1 50642 Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 In addition to the proposed Aggregate Credit Risk Checks, the Exchange proposes to amend paragraph (e) of Interpretation and Policy .03 to provide for an additional manner in which the Exchange may respond in the event that a risk setting is breached. Currently, the Exchange is authorized to automatically block new orders submitted and cancel all open orders in the event that a risk setting is breached. As proposed, paragraph (e) of Interpretation and Policy .03 would permit Members and Clearing Members to authorize the Exchange to either: (i) block new orders submitted and cancel open orders (as is currently permitted) or (ii) block new orders submitted without cancelling open orders in the event that a risk setting is breached. The proposed change is intended to give Members and Clearing Members additional flexibility in how the Exchange responds to a breach of a risk setting pursuant to Interpretation and Policy .03(a). By way of background, Exchange Rule 11.13(a) requires that all transactions passing through the facilities of the Exchange shall be cleared and settled through a Qualified Clearing Agency using a continuous net settlement system.8 This requirement may be satisfied by direct participation, use of direct clearing services, or by entry into a corresponding clearing arrangement with another Member that clears through a Qualified Clearing Agency (i.e., a Clearing Member). If a Member clears transactions through another Member that is a Clearing Member, such Clearing Member shall affirm to the Exchange in writing, through letter of authorization, letter of guarantee or other agreement acceptable to the Exchange, its agreement to assume responsibility for clearing and settling any and all trades executed by the Member designating it as its clearing firm.9 Thus, while not all Members are Clearing Members, all Members are required to either clear their own transactions or to have in place a relationship with a Clearing Member that has agreed to clear transactions on their behalf in order to conduct business on the Exchange. Therefore, the Clearing Member that guarantees the Member’s transactions on the Exchange has a (February 17, 2023), SR–PEARL–2023–03 (‘‘MIAX Risk Control Filing’’). 8 See Rule 1.5(w). The term ‘‘Qualified Clearing Agency’’ means a clearing agency registered with the Commission pursuant to Section 17A of the Act that is deemed qualified by the Exchange. The rules of any such clearing agency shall govern with the respect to the clearance and settlement of any transactions executed by the Member on the Exchange. 9 A Member can designate one Clearing Member per MPID associated with the Member. VerDate Sep<11>2014 17:13 Jun 13, 2024 Jkt 262001 financial interest in the risk settings utilized within the System 10 by the Member. A Member that does not selfclear may allocate or revoke the responsibility of establishing and adjusting the risk settings identified in paragraph (a) to its Clearing Member via the risk management tool available on the web portal at any time.11 The Exchange proposes to make the risk setting available to its Members upon request and will not require Members to utilize the Aggregate Credit Risk Checks. The Exchange will not provide preferential treatment to Members utilizing the Aggregate Credit Risk Checks. However, the Exchange believes the Aggregate Credit Risk Checks will offer Members another option in efficient risk management of their access to the Exchange. For instance, the Aggregate Credit Risk Checks may assist some Members in mitigating the risk of executing and/or submitting orders to the Exchange that would violate the Members’ stated risk tolerance. Additionally, the proposed functionality is designed to assist Members and Clearing Members in the management of, and risk control over, their credit risk. Importantly, as is the case with the Exchange’s existing risk settings, the Member, and not the Exchange, will have the full responsibility for ensuring that their orders comply with applicable securities rules, laws, and regulations. Furthermore, the Exchange does not believe that use of the Aggregate Credit Risk Checks can replace Membermanaged risk management solutions, and use of the Aggregate Credit Risk Checks does not automatically constitute compliance with Exchange rules. Pursuant to Rule 15c3–5 under the Act,12 a broker-dealer with market access must perform appropriate due diligence to assure that controls are reasonably designed to be effective, and otherwise consistent with the rule.13 In conjunction with the proposed addition of the Aggregate Credit Risk Checks to Interpretation and Policy .03(a), the Exchange proposes to remove 10 See Rule 1.5(cc). ‘‘System’’ is defined as ‘‘the electronic communications and trading facility designated by the Board through which securities orders of Members are consolidated for ranking, execution and, when applicable, routing away.’’ 11 See Rule 11.10, Interpretation and Policy .03(c). If a Member revokes the responsibility of establishing and adjusting the risk settings identified in paragraph (a), the settings applied by the Member would be applicable. 12 17 CFR 240.15c3–5. 13 See Division of Trading and Markets, Responses to Frequently Asked Questions Concerning Risk Management Control for Brokers or Dealers with Market Access, available at https:// www.sec.gov/divisions/marketreg/faq-15c-5-riskmanagement-controls-bd.htm. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 paragraph (h) from Interpretation and Policy .01 as the Exchange is not required to offer or maintain risk settings and the existing risk settings offered under paragraph (h) of Interpretation and Policy .01 will be redundant with the proposed addition of the Aggregate Credit Risk Checks. The Exchange notes that the current risk settings noted in paragraph (h) of Interpretation and Policy .01 will continue to be available for a limited period of time following the addition of the proposed Aggregate Credit Risk Checks under Interpretation and Policy .03 in order to provide Members and Clearing Members adequate opportunity to transition their risk settings. The Exchange will announce via Exchange Notice the date on which the risk setting offered under Interpretation and Policy .01(h) will no longer be available within 30 days of the implementation of the Aggregate Credit Risk Checks. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the ‘‘Act’’) and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.14 Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 15 requirements that the rules of an exchange be 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 regulating, clearing, settling, processing information with respect to, and 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. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 16 requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. In particular, the Exchange believes that the proposed Aggregate Credit Risk Checks and amendment to paragraph (e) of Interpretation and Policy .03 will remove impediments to and perfect the mechanism of a free and open market and a national market system because it provides Members and Clearing Members with additional functionality to manage their credit risk with respect 14 15 15 15 U.S.C. 78f(b). U.S.C. 78f(b)(5). 16 Id. E:\FR\FM\14JNN1.SGM 14JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Notices to orders on the Exchange. In addition, the proposed Aggregate Credit Risk Checks are not novel as they are based on the Exchange’s existing risk setting in Interpretation and Policy .01(h) of Rule 11.10. Additionally, the proposed Aggregate Credit Risk Checks are substantially similar to risk controls offered by both NYSE, which offers a Gross Credit Risk Limit,17 and MIAX Pearl, which has adopted both Gross and Net Notional Open and Trade Value risk settings.18 Therefore, Members and Clearing Members are already familiar with the types of protections the proposed Aggregate Credit Risk Checks will offer. As such, the Exchange believes that the proposed risk settings would provide a means to address potentially market-impacting events, helping to ensure the proper functioning of the market. In addition, the Exchange believes that the proposed Aggregate Credit Risk Checks and amendment to paragraph (e) of Interpretation and Policy .03 is designed to protect investors and the public interest because the proposed functionality is a form of risk mitigation that will aid Members and Clearing Members in minimizing their risk exposure and reduce the potential for disruptive, market-wide events. The Exchange understands that its Members and Clearing Members employ a number of different risk-based controls, including those required by Rule 15c3– 5. The proposed Aggregate Credit Risk Checks will serve as an additional tool for Members and Clearing Members to assist them in identifying any risk exposure. The Exchange believes the proposed Aggregate Credit Risk Checks will assist Members and Clearing Members in managing their financial exposure, which, in turn, could enhance the integrity of trading on the securities markets and help to assure the stability of the financial system. Finally, the Exchange believes the proposed rule change does not unfairly discriminate among the Exchange’s Members because use of the proposed Aggregate Credit Risk Checks are optional and are not a prerequisite for participation on the Exchange. The proposed Aggregate Credit Risk Checks are completely voluntary and, as they relate solely to optional risk management functionality, no Member is required or under any regulatory obligation to utilize them. Additionally, the removal of the risk setting offered under Interpretation and Policy .01(h) does not unfairly discriminate as the change applies equally to all Members 17 Supra and Clearing Members (i.e., the risk setting will not be available for any Member or Clearing Member) and merely results in Members not being able to utilize the risk setting, which, as noted above, the Exchange is not required to offer or maintain. Further, the risk settings offered under Interpretation and Policy .01(h) are unnecessary and redundant given the proposed Aggregate Credit Risk Checks, which permit Members and Clearing Members to set credit risk limits at a more granular level. 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 that is not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, the Exchange believes that the proposed rule change may have a positive effect on intermarket competition because it would allow the Exchange to offer risk management functionality that is comparable to functionality offered by other national securities exchanges.19 Further, by providing Members and Clearing Members additional means to monitor and control risk, the proposed rule may increase confidence in the proper functioning of the markets and contribute to additional competition among trading venues and brokerdealers. Rather than impede competition, the proposal is designed to facilitate more robust risk management by Members and Clearing Members, which, in turn, could enhance the integrity of trading on the securities markets and help to assure the stability of the financial system. The proposal to remove the risk setting offered under Interpretation and Policy .01(h) similarly will not impose any burden on competition because the changes apply to all Members and Clearing Members uniformly, as in the risk setting will no longer be available to any Member or Clearing Member. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange neither solicited nor received comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: note 7. VerDate Sep<11>2014 19 Supra 17:13 Jun 13, 2024 A. significantly affect the protection of investors or the public interest; B. impose any significant burden on competition; and C. become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 20 and Rule 19b–4(f)(6) 21 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 will institute proceedings to determine whether the proposed rule change 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– CboeEDGA–2024–017 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–CboeEDGA–2024–017. 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 20 15 18 Id. Jkt 262001 PO 00000 note 7. Frm 00098 Fmt 4703 21 17 Sfmt 4703 50643 E:\FR\FM\14JNN1.SGM U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). 14JNN1 50644 Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Notices 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–CboeEDGA–2024–017, and should be submitted on or before July 5, 2024. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.22 Sherry R. Haywood, Assistant Secretary. [FR Doc. 2024–13056 Filed 6–13–24; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–100305; File No. SR– FINRA–2024–007] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Adopt the FINRA Rule 6500 Series (Securities Lending and Transparency Engine (SLATETM)) ddrumheller on DSK120RN23PROD with NOTICES1 June 10, 2024. On May 1, 2024, the Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a proposed rule change to adopt the new FINRA Rule 6500 Series (Securities Lending and Transparency Engine (SLATETM)) to (1) require reporting of securities loans; and (2) provide for the public dissemination of loan information. The proposed rule change was published for comment in the Federal Register on May 7, 2024.3 22 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 100046 (May 1, 2024), 89 FR 38203. Comments received on the proposed rule change are available at: https:// VerDate Sep<11>2014 17:13 Jun 13, 2024 Jkt 262001 Section 19(b)(2) of the Act 4 provides that, within 45 days of the publication of notice of the filing of a proposed rule change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or as to which the self-regulatory organization consents, the Commission shall either approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether the proposed rule change should be disapproved. The 45th day after publication of the notice for this proposed rule change is June 21, 2024. The Commission is extending this 45day time period. The Commission finds that it is appropriate to designate a longer period within which to take action on the proposed rule change so that it has sufficient time to consider the proposed rule change and the comments received. Accordingly, pursuant to section 19(b)(2) of the Act, the Commission designates August 5, 2024, as the date by which the Commission shall either approve or disapprove, or institute proceedings to determine whether to disapprove, the proposed rule change (File No. SR–FINRA–2024–007). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.5 Sherry R. Haywood, Assistant Secretary. [FR Doc. 2024–13052 Filed 6–13–24; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–100307; File No. SR– NYSEARCA–2024–53] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To List and Trade Shares of the ProShares Ethereum ETF June 10, 2024. Pursuant to section 19(b)(1) 1 of the Securities Exchange Act of 1934 (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 notice is hereby given that, on June 6, 2024, NYSE Arca, Inc. (‘‘NYSE Arca’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule DATES: www.sec.gov/comments/sr-finra-2024-007/ srfinra2024007.htm. 4 15 U.S.C. 78s(b)(2). 5 17 CFR 200.30–3(a)(31). 1 15 U.S.C. 78s(b)(1). 2 15 U.S.C. 78a. 3 17 CFR 240.19b–4. PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 change as described in Items I, II, and III 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 list and trade shares of the ProShares Ethereum ETF (the ‘‘Fund’’) under NYSE Arca Rule 8.201–E (Commodity-Based Trust Shares). 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 list and trade shares (‘‘Shares’’) of the Fund, which is a series of the ProShares Trust III (the ‘‘Trust’’) 4 pursuant to NYSE Arca Rule 8.201–E, which governs the listing and trading of Commodity Based Trust Shares.5 According to the Registration Statement, the Trust will not be registered as an investment company under the Investment Company Act of 1940 6 and is not required to register 4 The Trust is a Delaware statutory trust. On April 12, 2024, the Trust filed with the Commission an initial registration statement (the ‘‘Registration Statement’’) on Form S-1 under the Securities Act of 1933 (15 U.S.C. 77a). The description of the operation of the Trust herein is based, in part, on the Registration Statement. The Registration Statement is not yet effective, and the Shares will not trade on the Exchange until such time that the Registration Statement is effective. 5 Commodity-Based Trust Shares are securities issued by a trust that represents investors’ discrete identifiable and undivided beneficial ownership interest in the commodities deposited into the trust. 6 15 U.S.C. 80a–1. E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Notices]
[Pages 50640-50644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13056]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-100303; File No. SR-CboeEDGA-2024-017]


Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend Interpretation and Policy .03 to Rule 11.10 To Provide an 
Additional, Optional Risk Setting to Members and Clearing Members

June 10, 2024.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934

[[Page 50641]]

(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on May 29, 2024, Cboe EDGA Exchange, Inc. (the ``Exchange'' or 
``EDGA'') filed with the Securities and Exchange Commission (``SEC'' or 
``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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Cboe EDGA Exchange, Inc. (the ``Exchange'' or ``EDGA'') proposes to 
amend Interpretation and Policy .03 to Rule 11.10 to provide an 
additional, optional risk setting to Members and Clearing Members. 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/edga/), 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 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 purpose of the proposed rule change is to provide Members \3\ 
and Clearing Members \4\ the option to utilize additional risk settings 
under proposed Interpretation and Policy .03 of Rule 11.10. Based on 
feedback from its Members, the Exchange proposes to offer additional, 
optional risk settings at the Market Participant Identifier (``MPID'') 
level and/or to a subset of orders identified within the MPID level 
(the ``risk group identifier'' level) that would authorize the Exchange 
to take automated action if a designated limit for a Member is 
breached. Such risk settings would provide Members and Clearing Members 
with enhanced abilities to manage their risk with respect to orders on 
the Exchange.\5\ Proposed paragraphs (a)(3) and (4) of Interpretation 
and Policy .03 of Rule 11.10 set forth the specific risk settings the 
Exchange proposes to offer. The current risk settings noted in 
paragraphs (a)(1)-(2) of Interpretation and Policy .03 of Rule 11.10 
will continue to be available to Members and Clearing Members. 
Specifically, the Exchange proposes to offer two aggregate credit risk 
settings (the ``Aggregate Credit Risk Checks'') as follows:
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    \3\ See Rule 1.5(n). A ``Member'' shall mean any Member or 
Sponsored Participant who is authorized to obtain access to the 
System pursuant to Rule 11.3.
    \4\ See Rule 11.13(a). The term ``Clearing Member'' refers to a 
Member that is a member of a Qualified Clearing Agency and clears 
transactions on behalf of another Member.
    \5\ Similarly, a Sponsoring Member may utilize the check to 
manage the risk of its Sponsored Participants. A Sponsoring Member 
shall mean a broker-dealer that has been issued a membership by the 
Exchange who has been designated by a Sponsored Participant to 
execute, clear and settle transactions resulting from the System. 
The Sponsoring Member shall be either (i) a clearing firm with 
membership in a clearing agency registered with the Commission that 
maintains facilities through which transactions may be cleared or 
(ii) a correspondent firm with a clearing arrangement with any such 
clearing firm. See Rule 1.5(aa). A Sponsored Participant shall mean 
a person which has entered into a sponsorship arrangement with a 
Sponsoring Member pursuant to Rule 11.3. Such sponsored 
relationships generally include where a broker-dealer allows its 
customer to use the broker-dealer's MPID or other mechanism or 
mnemonic to enter orders into the Exchange's System that bypass the 
Sponsoring Member's order handling system and are electronically 
routed directly to the Exchange by the Sponsored Participant, 
including through a service bureau or other third-party technology 
provider. See Rule 1.5(z). See also Securities Exchange Act Release 
No. 97197 (March 24, 2023), 88 FR 19180 (March 30, 2023), SR-
CboeEDGA-2023-004 (``EDGA Sponsored Participant Definition Filing'') 
at 19181, footnote 12.
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     The ``Aggregate Gross Credit Exposure Limit'', which 
refers to a pre-established maximum daily dollar amount for purchases 
and sales across all symbols, where both purchases and sales are 
counted as positive values. For purposes of calculating the Aggregate 
Gross Credit Exposure Limit, both executed and open orders are 
included; and
     The ``Aggregate Net Credit Exposure Limit'', which refers 
to a pre-established maximum daily dollar amount for purchases and 
sales across all symbols, where purchases are counted as positive 
values and sales are counted as negative values. For purposes of 
calculating the Aggregate Net Credit Exposure Limit, both executed and 
open orders are included.
    The proposed Aggregate Credit Risk Checks are nearly identical to 
credit risk settings monitoring both gross and net exposure provided 
for in paragraph (h) of Interpretation and Policy .01 of Rule 11.10, 
but with one notable difference. Importantly, the proposed Aggregate 
Credit Risk Checks would be applied at the MPID level and/or risk group 
identifier level, while the risk settings noted in paragraph (h) of 
Interpretation and Policy .01 are applied at the logical port level.\6\ 
The proposed Aggregate Credit Risk Checks are also nearly identical to 
the Gross Credit Risk Limit and Net Credit Risk Limit risk settings 
provided for in Interpretation and Policy .03(a)(1)-(2) of Rule 11.10, 
but with one notable difference. The proposed Aggregate Credit Risk 
Checks are both calculated using both executed and open orders, while 
the risk settings noted in paragraphs (a)(1)-(2) of Interpretation and 
Policy .03 are calculated using only executed orders. Therefore, the 
proposed risk management functionality would allow a Member or Clearing 
Member to manage its risk more comprehensively, instead of (i) relying 
on the more limited port level functionality offered today under 
Interpretation and Policy .01(h) and (ii) being subject to limits only 
calculated at notional execution value under paragraphs (a)(1)-(2) of 
Interpretation and Policy .03. Stated differently, the calculation of 
the proposed Aggregate Credit Risk Checks will not differ from the 
current aggregate credit risk settings offered under paragraph (h) of 
Interpretation and Policy .01 of Rule 11.13; however, the ability to 
implement aggregate credit risk limits at the MPID and/or risk group 
identifier levels will permit Members and Clearing Members to set 
credit risk limits at a more granular level. The Exchange also notes 
that the New York Stock Exchange LLC (``NYSE'') and MIAX Pearl equities 
exchange (``MIAX Pearl'') both offer risk settings substantially 
similar to the Aggregate Credit Risk Checks proposed by the 
Exchange.\7\
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    \6\ A logical port represents a port established by the Exchange 
within the Exchange's System for trading and billing purposes. Each 
logical port established is specific to a Member or non-Member and 
grants that Member or non-Member the ability to accomplish a 
specific function, such as order entry, order cancellation, or data 
receipt.
    \7\ See NYSE Rule 7.19(b)(1)(A); MIAX Pearl Equities Rule 
2618(a)(2)(E)-(F). The Exchange notes that MIAX Pearl adopted Rule 
2618(a)(2)(E)-(F) on February 13, 2023, but the functionality may 
not yet be operational. See Securities Exchange Act Release No. 
96905 (February 13, 2023), 88 FR 10391 (February 17, 2023), SR-
PEARL-2023-03 (``MIAX Risk Control Filing'').

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[[Page 50642]]

    In addition to the proposed Aggregate Credit Risk Checks, the 
Exchange proposes to amend paragraph (e) of Interpretation and Policy 
.03 to provide for an additional manner in which the Exchange may 
respond in the event that a risk setting is breached. Currently, the 
Exchange is authorized to automatically block new orders submitted and 
cancel all open orders in the event that a risk setting is breached. As 
proposed, paragraph (e) of Interpretation and Policy .03 would permit 
Members and Clearing Members to authorize the Exchange to either: (i) 
block new orders submitted and cancel open orders (as is currently 
permitted) or (ii) block new orders submitted without cancelling open 
orders in the event that a risk setting is breached. The proposed 
change is intended to give Members and Clearing Members additional 
flexibility in how the Exchange responds to a breach of a risk setting 
pursuant to Interpretation and Policy .03(a).
    By way of background, Exchange Rule 11.13(a) requires that all 
transactions passing through the facilities of the Exchange shall be 
cleared and settled through a Qualified Clearing Agency using a 
continuous net settlement system.\8\ This requirement may be satisfied 
by direct participation, use of direct clearing services, or by entry 
into a corresponding clearing arrangement with another Member that 
clears through a Qualified Clearing Agency (i.e., a Clearing Member). 
If a Member clears transactions through another Member that is a 
Clearing Member, such Clearing Member shall affirm to the Exchange in 
writing, through letter of authorization, letter of guarantee or other 
agreement acceptable to the Exchange, its agreement to assume 
responsibility for clearing and settling any and all trades executed by 
the Member designating it as its clearing firm.\9\ Thus, while not all 
Members are Clearing Members, all Members are required to either clear 
their own transactions or to have in place a relationship with a 
Clearing Member that has agreed to clear transactions on their behalf 
in order to conduct business on the Exchange. Therefore, the Clearing 
Member that guarantees the Member's transactions on the Exchange has a 
financial interest in the risk settings utilized within the System \10\ 
by the Member. A Member that does not self-clear may allocate or revoke 
the responsibility of establishing and adjusting the risk settings 
identified in paragraph (a) to its Clearing Member via the risk 
management tool available on the web portal at any time.\11\
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    \8\ See Rule 1.5(w). The term ``Qualified Clearing Agency'' 
means a clearing agency registered with the Commission pursuant to 
Section 17A of the Act that is deemed qualified by the Exchange. The 
rules of any such clearing agency shall govern with the respect to 
the clearance and settlement of any transactions executed by the 
Member on the Exchange.
    \9\ A Member can designate one Clearing Member per MPID 
associated with the Member.
    \10\ See Rule 1.5(cc). ``System'' is defined as ``the electronic 
communications and trading facility designated by the Board through 
which securities orders of Members are consolidated for ranking, 
execution and, when applicable, routing away.''
    \11\ See Rule 11.10, Interpretation and Policy .03(c). If a 
Member revokes the responsibility of establishing and adjusting the 
risk settings identified in paragraph (a), the settings applied by 
the Member would be applicable.
---------------------------------------------------------------------------

    The Exchange proposes to make the risk setting available to its 
Members upon request and will not require Members to utilize the 
Aggregate Credit Risk Checks. The Exchange will not provide 
preferential treatment to Members utilizing the Aggregate Credit Risk 
Checks. However, the Exchange believes the Aggregate Credit Risk Checks 
will offer Members another option in efficient risk management of their 
access to the Exchange. For instance, the Aggregate Credit Risk Checks 
may assist some Members in mitigating the risk of executing and/or 
submitting orders to the Exchange that would violate the Members' 
stated risk tolerance. Additionally, the proposed functionality is 
designed to assist Members and Clearing Members in the management of, 
and risk control over, their credit risk.
    Importantly, as is the case with the Exchange's existing risk 
settings, the Member, and not the Exchange, will have the full 
responsibility for ensuring that their orders comply with applicable 
securities rules, laws, and regulations. Furthermore, the Exchange does 
not believe that use of the Aggregate Credit Risk Checks can replace 
Member-managed risk management solutions, and use of the Aggregate 
Credit Risk Checks does not automatically constitute compliance with 
Exchange rules. Pursuant to Rule 15c3-5 under the Act,\12\ a broker-
dealer with market access must perform appropriate due diligence to 
assure that controls are reasonably designed to be effective, and 
otherwise consistent with the rule.\13\
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    \12\ 17 CFR 240.15c3-5.
    \13\ See Division of Trading and Markets, Responses to 
Frequently Asked Questions Concerning Risk Management Control for 
Brokers or Dealers with Market Access, available at https://www.sec.gov/divisions/marketreg/faq-15c-5-risk-management-controls-bd.htm.
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    In conjunction with the proposed addition of the Aggregate Credit 
Risk Checks to Interpretation and Policy .03(a), the Exchange proposes 
to remove paragraph (h) from Interpretation and Policy .01 as the 
Exchange is not required to offer or maintain risk settings and the 
existing risk settings offered under paragraph (h) of Interpretation 
and Policy .01 will be redundant with the proposed addition of the 
Aggregate Credit Risk Checks. The Exchange notes that the current risk 
settings noted in paragraph (h) of Interpretation and Policy .01 will 
continue to be available for a limited period of time following the 
addition of the proposed Aggregate Credit Risk Checks under 
Interpretation and Policy .03 in order to provide Members and Clearing 
Members adequate opportunity to transition their risk settings. The 
Exchange will announce via Exchange Notice the date on which the risk 
setting offered under Interpretation and Policy .01(h) will no longer 
be available within 30 days of the implementation of the Aggregate 
Credit Risk Checks.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\14\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \15\ requirements that the rules of an exchange be 
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 regulating, clearing, 
settling, processing information with respect to, and 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. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \16\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes that the proposed Aggregate 
Credit Risk Checks and amendment to paragraph (e) of Interpretation and 
Policy .03 will remove impediments to and perfect the mechanism of a 
free and open market and a national market system because it provides 
Members and Clearing Members with additional functionality to manage 
their credit risk with respect

[[Page 50643]]

to orders on the Exchange. In addition, the proposed Aggregate Credit 
Risk Checks are not novel as they are based on the Exchange's existing 
risk setting in Interpretation and Policy .01(h) of Rule 11.10. 
Additionally, the proposed Aggregate Credit Risk Checks are 
substantially similar to risk controls offered by both NYSE, which 
offers a Gross Credit Risk Limit,\17\ and MIAX Pearl, which has adopted 
both Gross and Net Notional Open and Trade Value risk settings.\18\ 
Therefore, Members and Clearing Members are already familiar with the 
types of protections the proposed Aggregate Credit Risk Checks will 
offer. As such, the Exchange believes that the proposed risk settings 
would provide a means to address potentially market-impacting events, 
helping to ensure the proper functioning of the market.
---------------------------------------------------------------------------

    \17\ Supra note 7.
    \18\ Id.
---------------------------------------------------------------------------

    In addition, the Exchange believes that the proposed Aggregate 
Credit Risk Checks and amendment to paragraph (e) of Interpretation and 
Policy .03 is designed to protect investors and the public interest 
because the proposed functionality is a form of risk mitigation that 
will aid Members and Clearing Members in minimizing their risk exposure 
and reduce the potential for disruptive, market-wide events. The 
Exchange understands that its Members and Clearing Members employ a 
number of different risk-based controls, including those required by 
Rule 15c3-5. The proposed Aggregate Credit Risk Checks will serve as an 
additional tool for Members and Clearing Members to assist them in 
identifying any risk exposure. The Exchange believes the proposed 
Aggregate Credit Risk Checks will assist Members and Clearing Members 
in managing their financial exposure, which, in turn, could enhance the 
integrity of trading on the securities markets and help to assure the 
stability of the financial system.
    Finally, the Exchange believes the proposed rule change does not 
unfairly discriminate among the Exchange's Members because use of the 
proposed Aggregate Credit Risk Checks are optional and are not a 
prerequisite for participation on the Exchange. The proposed Aggregate 
Credit Risk Checks are completely voluntary and, as they relate solely 
to optional risk management functionality, no Member is required or 
under any regulatory obligation to utilize them. Additionally, the 
removal of the risk setting offered under Interpretation and Policy 
.01(h) does not unfairly discriminate as the change applies equally to 
all Members and Clearing Members (i.e., the risk setting will not be 
available for any Member or Clearing Member) and merely results in 
Members not being able to utilize the risk setting, which, as noted 
above, the Exchange is not required to offer or maintain. Further, the 
risk settings offered under Interpretation and Policy .01(h) are 
unnecessary and redundant given the proposed Aggregate Credit Risk 
Checks, which permit Members and Clearing Members to set credit risk 
limits at a more granular level.

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 that is not necessary or appropriate 
in furtherance of the purposes of the Act. To the contrary, the 
Exchange believes that the proposed rule change may have a positive 
effect on intermarket competition because it would allow the Exchange 
to offer risk management functionality that is comparable to 
functionality offered by other national securities exchanges.\19\ 
Further, by providing Members and Clearing Members additional means to 
monitor and control risk, the proposed rule may increase confidence in 
the proper functioning of the markets and contribute to additional 
competition among trading venues and broker-dealers. Rather than impede 
competition, the proposal is designed to facilitate more robust risk 
management by Members and Clearing Members, which, in turn, could 
enhance the integrity of trading on the securities markets and help to 
assure the stability of the financial system. The proposal to remove 
the risk setting offered under Interpretation and Policy .01(h) 
similarly will not impose any burden on competition because the changes 
apply to all Members and Clearing Members uniformly, as in the risk 
setting will no longer be available to any Member or Clearing Member.
---------------------------------------------------------------------------

    \19\ Supra note 7.
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments on the 
proposed rule change.

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

    Because the foregoing proposed rule change does not:
    A. significantly affect the protection of investors or the public 
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was 
filed, or such shorter time as the Commission may designate, it has 
become effective pursuant to Section 19(b)(3)(A) of the Act \20\ and 
Rule 19b-4(f)(6) \21\ 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 will institute proceedings to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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-CboeEDGA-2024-017 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-CboeEDGA-2024-017. 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

[[Page 50644]]

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-CboeEDGA-2024-017, and 
should be submitted on or before July 5, 2024.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-13056 Filed 6-13-24; 8:45 am]
BILLING CODE 8011-01-P
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