Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Interpretation and Policy .03 to Rule 11.13 To Provide an Additional, Optional Risk Setting to Members and Clearing Members, 51380-51383 [2024-13214]
Download as PDF
51380
Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Notices
thereunder,2 a proposed rule change
(File Number SR–CboeEDGA–2024–003)
to permit the use of the Post Only order
instruction at prices below $1.00. The
proposed rule change was published for
comment in the Federal Register on
February 7, 2024.3 On March 19, 2024,
pursuant to Section 19(b)(2) of the Act,4
the Commission designated a longer
period within which to approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether to
disapprove the proposed rule change.5
On May 2, 2024, the Commission
instituted proceedings pursuant to
Section 19(b)(2)(B) of the Act 6 to
determine whether to approve or
disapprove the proposed rule change.7
The Commission did not receive any
comments on the proposal. On June 5,
2024, EDGA withdrew the proposed
rule change (SR–CboeEDGA–2024–003).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–13211 Filed 6–14–24; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–100317; File No. SR–
CboeBYX–2024–017]
Self-Regulatory Organizations; Cboe
BYX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend
Interpretation and Policy .03 to Rule
11.13 To Provide an Additional,
Optional Risk Setting to Members and
Clearing Members
June 11, 2024.
Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on May 29,
2024, Cboe BYX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BYX’’) filed with the
Securities and Exchange Commission
2 17
CFR 240.19b–4.
Securities Exchange Act Release No. 99458
(February 1, 2024), 89 FR 8460.
4 15 U.S.C. 78s(b)(2).
5 See Securities Exchange Act Release No. 99765,
89 FR 20721 (March 25, 2024) (designating May 7,
2024, as the date by which the Commission shall
either approve, disapprove, or institute proceedings
to determine whether to disapprove the proposed
rule change).
6 15 U.S.C. 78s(b)(2)(B).
7 See Securities Exchange Act Release No.
100051, 89 FR 38933 (May 8, 2024).
8 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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3 See
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(the ‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the Exchange. The
Exchange filed the proposal as a ‘‘noncontroversial’’ proposed rule change
pursuant to section 19(b)(3)(A)(iii) of the
Act 3 and Rule 19b–4(f)(6) thereunder.4
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 BYX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BYX’’) proposes to
amend Interpretation and Policy .03 to
Rule 11.13 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/byx/), 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 5 and
Clearing Members 6 the option to utilize
additional risk settings under proposed
Interpretation and Policy .03 of Rule
3 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
5 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.
6 See Rule 11.15(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.
4 17
PO 00000
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11.13. 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.7
Proposed paragraphs (a)(3) and (4) of
Interpretation and Policy .03 of Rule
11.13 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 11.13 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,
7 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(y). 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(x). See also Securities Exchange Act Release No.
97176 (March 21, 2023), 88 FR 18193 (March 27,
2023), SR–CboeBYX–2023–005 (‘‘BYX Sponsored
Participant Definition Filing’’) at 18194, footnote
12.
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Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Notices
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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
11.13, 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.8 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 11.13, 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.9
8 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.
9 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
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17:00 Jun 14, 2024
Jkt 262001
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
11.15(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.10 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.11 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’’).
10 See Rule 1.5(u). 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.
11 A Member can designate one Clearing Member
per MPID associated with the Member.
PO 00000
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Fmt 4703
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51381
financial interest in the risk settings
utilized within the System 12 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.13
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,14 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.15
In conjunction with the proposed
addition of the Aggregate Credit Risk
Checks to Interpretation and Policy
.03(a), the Exchange proposes to remove
12 See Rule 1.5(aa). ‘‘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.’’
13 See Rule 11.13, 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.
14 17 CFR 240.15c3–5.
15 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.
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Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Notices
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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.16 Specifically,
the Exchange believes the proposed rule
change is consistent with the section
6(b)(5) 17 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) 18 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
16 15
17 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
19 Supra
18 Id.
VerDate Sep<11>2014
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 11.13. Additionally, the proposed
Aggregate Credit Risk Checks are
substantially similar to risk controls
offered by both NYSE, which offers a
Gross Credit Risk Limit,19 and MIAX
Pearl, which has adopted both Gross
and Net Notional Open and Trade Value
risk settings.20 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 settings offered
under Interpretation and Policy .01(h)
does not unfairly discriminate as the
change applies equally to all Members
Jkt 262001
PO 00000
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.21 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 9.
20 Id.
17:00 Jun 14, 2024
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.
Frm 00083
21 Supra
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17JNN1
Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Notices
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 22 and Rule 19b–4(f)(6) 23
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:
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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–
CboeBYX–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–CboeBYX–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
those that may be withheld from the
22 15
23 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
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17:00 Jun 14, 2024
Jkt 262001
51383
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–CboeBYX–2024–017 and should be
submitted on or before July 8, 2024.
disapprove the proposed rule change.5
On April 26, 2024, the Commission
instituted proceedings pursuant to
section 19(b)(2)(B) of the Act 6 to
determine whether to approve or
disapprove the proposed rule change.7
The Commission did not receive any
comments on the proposal. On June 5,
2024, BYX withdrew the proposed rule
change (SR–CboeBYX–2024–003).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.24
Sherry R. Haywood,
Assistant Secretary.
DEPARTMENT OF STATE
[FR Doc. 2024–13214 Filed 6–14–24; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–100316; File No. SR–
CboeBYX–2024–003]
Self-Regulatory Organizations; Cboe
BYX Exchange, Inc.; Notice of
Withdrawal of Proposed Rule Change
To Amend Rule 11.9(c)(6) and Rule
11.13(a)(4)(D) To Permit the Use of BYX
Post Only Orders at Prices Below $1.00
June 11, 2024.
On January 8, 2024, Cboe BYX
Exchange, Inc. (‘‘BYX’’) 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
(File Number SR–CboeBYX–2024–003)
to permit the use of the Post Only order
instruction at prices below $1.00. The
proposed rule change was published for
comment in the Federal Register on
January 29, 2024.3 On March 8, 2024,
pursuant to section 19(b)(2) of the Act,4
the Commission designated a longer
period within which to approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether to
24 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 99413
(January 23, 2024), 89 FR 5582.
4 15 U.S.C. 78s(b)(2).
1 15
PO 00000
Frm 00084
Fmt 4703
Sfmt 9990
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–13213 Filed 6–14–24; 8:45 am]
BILLING CODE 8011–01–P
[Public Notice: 12426]
Determination Under Section 620(Q) of
the Foreign Assistance Act of 1961
Relating to Assistance for Ukraine
Pursuant to the authority vested in me
by section 620(q) of the Foreign
Assistance Act of 1961 (FAA), Executive
Order 12163, and Department of State
Delegation of Authority 513, I hereby
determine that assistance for Ukraine is
in the national interest of the United
States and thereby waive the application
of section 620(q) of the FAA with
respect to such assistance.
This determination shall be published
in the Federal Register and, with the
accompanying Memorandum of
Justification, shall be transmitted to
Congress.
Dated: January 23, 2024.
Richard R. Verma,
Deputy Secretary of State for Management
and Resources, Department of State.
Editorial Note: This document was
received for publication by the Office of the
Federal Register on June 12, 2024.
[FR Doc. 2024–13279 Filed 6–14–24; 8:45 am]
BILLING CODE 4710–23–P
5 See Securities Exchange Act Release No. 99697,
89 FR 18699 (March 14, 2024) (designating April
26, 2024, as the date by which the Commission
shall either approve, disapprove, or institute
proceedings to determine whether to disapprove the
proposed rule change).
6 15 U.S.C. 78s(b)(2)(B).
7 See Securities Exchange Act Release No.
100040, 89 FR 35908 (May 2, 2024).
8 17 CFR 200.30–3(a)(12).
E:\FR\FM\17JNN1.SGM
17JNN1
Agencies
[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Notices]
[Pages 51380-51383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13214]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-100317; File No. SR-CboeBYX-2024-017]
Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Interpretation and Policy .03 to Rule 11.13 To Provide an Additional,
Optional Risk Setting to Members and Clearing Members
June 11, 2024.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 29, 2024, Cboe BYX Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder.\4\ 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.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Cboe BYX Exchange, Inc. (the ``Exchange'' or ``BYX'') proposes to
amend Interpretation and Policy .03 to Rule 11.13 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/byx/), 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 \5\
and Clearing Members \6\ the option to utilize additional risk settings
under proposed Interpretation and Policy .03 of Rule 11.13. 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.\7\ Proposed paragraphs (a)(3) and (4) of Interpretation
and Policy .03 of Rule 11.13 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 11.13
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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\5\ 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.
\6\ See Rule 11.15(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.
\7\ 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(y). 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(x). See also Securities Exchange Act Release
No. 97176 (March 21, 2023), 88 FR 18193 (March 27, 2023), SR-
CboeBYX-2023-005 (``BYX Sponsored Participant Definition Filing'')
at 18194, 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,
[[Page 51381]]
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 11.13,
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.\8\
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 11.13,
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.\9\
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\8\ 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.
\9\ 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'').
---------------------------------------------------------------------------
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 11.15(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.\10\ 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.\11\ 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 \12\
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.\13\
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\10\ See Rule 1.5(u). 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.
\11\ A Member can designate one Clearing Member per MPID
associated with the Member.
\12\ See Rule 1.5(aa). ``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.''
\13\ See Rule 11.13, 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,\14\ 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.\15\
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\14\ 17 CFR 240.15c3-5.
\15\ 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.
---------------------------------------------------------------------------
In conjunction with the proposed addition of the Aggregate Credit
Risk Checks to Interpretation and Policy .03(a), the Exchange proposes
to remove
[[Page 51382]]
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.\16\ Specifically, the
Exchange believes the proposed rule change is consistent with the
section 6(b)(5) \17\ 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) \18\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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\16\ 15 U.S.C. 78f(b).
\17\ 15 U.S.C. 78f(b)(5).
\18\ 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 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 11.13. Additionally, the proposed Aggregate
Credit Risk Checks are substantially similar to risk controls offered
by both NYSE, which offers a Gross Credit Risk Limit,\19\ and MIAX
Pearl, which has adopted both Gross and Net Notional Open and Trade
Value risk settings.\20\ 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.
---------------------------------------------------------------------------
\19\ Supra note 9.
\20\ 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 settings 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.\21\
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.
---------------------------------------------------------------------------
\21\ Supra note 9.
---------------------------------------------------------------------------
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:
[[Page 51383]]
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 \22\ and
Rule 19b-4(f)(6) \23\ 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.
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\22\ 15 U.S.C. 78s(b)(3)(A).
\23\ 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-CboeBYX-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-CboeBYX-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 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-CboeBYX-2024-017 and should
be submitted on or before July 8, 2024.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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\24\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-13214 Filed 6-14-24; 8:45 am]
BILLING CODE 8011-01-P