Joint Industry Plan; Notice of Filing and Immediate Effectiveness of Amendment to the Plan for the Purpose of Developing and Implementing Procedures Designed To Facilitate the Listing and Trading of Standardized Options To Add MIAX Sapphire, LLC as a Plan Sponsor, 64005-64006 [2024-17280]
Download as PDF
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Notices
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
SECURITIES AND EXCHANGE
COMMISSION
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–
SAPPHIRE–2024–03 on the subject line.
Joint Industry Plan; Notice of Filing
and Immediate Effectiveness of
Amendment to the Plan for the
Purpose of Developing and
Implementing Procedures Designed To
Facilitate the Listing and Trading of
Standardized Options To Add MIAX
Sapphire, LLC as a Plan Sponsor
Paper Comments
July 31, 2024.
• 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–SAPPHIRE–2024–03. 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–SAPPHIRE–2024–03 and should be
submitted on or before August 27, 2024.
Pursuant to Section 11A(a)(3) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 608 thereunder,2
notice is hereby given that on July 26,
2024, MIAX Sapphire, LLC (‘‘MIAX
Sapphire’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) an amendment to the
Plan for the Purpose of Developing and
Implementing Procedures Designed to
Facilitate the Listing and Trading of
Standardized Options (‘‘OLPP’’ or
‘‘Plan’’).3 The Commission approved the
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–17276 Filed 8–5–24; 8:45 am]
BILLING CODE 8011–01–P
16 17
CFR 200.30–3(a)(12), (59).
VerDate Sep<11>2014
17:40 Aug 05, 2024
Jkt 262001
[Release No. 34–100622; File No. 4–443]
1 15
U.S.C. 78k–1(a)(3).
CFR 242.608.
3 On July 6, 2001, the Commission approved the
OLPP, which was proposed by the American Stock
Exchange LLC (‘‘Amex’’) (n/k/a NYSE American,
LLC (‘‘NYSE American’’)), Chicago Board Options
Exchange, Incorporated (‘‘Cboe’’), International
Securities Exchange LLC (‘‘ISE’’) (n/k/a Nasdaq ISE,
LLC (‘‘Nasdaq ISE’’)), Options Clearing Corporation
(‘‘OCC’’), Philadelphia Stock Exchange, Inc.
(‘‘Phlx’’) (n/k/a Nasdaq Phlx LLC (Nasdaq Phlx)),
and Pacific Exchange, Inc. (‘‘PCX’’) (n/k/a NYSE
Arca, Inc. (‘‘NYSE Arca’’)). See Securities Exchange
Act Release No. 44521, 66 FR 36809 (July 13, 2001).
See also Securities Exchange Act Release Nos.
49199 (Feb. 5, 2004), 69 FR 7030 (Feb. 12, 2004)
(adding Boston Stock Exchange, Inc. as a Sponsor
to the OLPP); 57546 (Mar. 21, 2008), 73 FR 16393
(Mar. 27, 2008) (adding Nasdaq Stock Market, LLC
(‘‘Nasdaq’’) as a Sponsor to the OLPP); 61528 (Feb.
17, 2010), 75 FR 8415 (Feb. 24, 2010) (adding BATS
Exchange, Inc. (‘‘BATS’’) (n/k/a Cboe BZX
Exchange, Inc. (‘‘Cboe BZX’’)) as a Sponsor to the
OLPP); 63162 (Oct. 22, 2010), 75 FR 66401 (Oct. 28,
2010) (adding C2 Options Exchange Incorporated
(‘‘C2’’) (n/k/a Cboe C2 Exchange, Inc. (‘‘Cboe C2’’))
as a sponsor to the OLPP); 66952 (May 9, 2012), 77
FR 28641 (May 15, 2012) (adding BOX Options
Exchange LLC (‘‘BOX’’) as a Sponsor to the OLPP);
67327 (June 29, 2012), 77 FR 40125 (July 6, 2012)
(adding Nasdaq OMX BX, Inc. (‘‘BX’’) (n/k/a Nasdaq
BX, Inc. (‘‘Nasdaq BX’’)) as a Sponsor to the OLPP);
70765 (Oct. 28, 2013), 78 FR 65739 (Nov. 1, 2013)
(adding Topaz Exchange, LLC as a Sponsor to the
OLPP (‘‘Topaz’’) (n/k/a Nasdaq GEMX, LLC
(‘‘Nasdaq GEMX’’); 70764 (Oct. 28, 2013), 78 FR
65733 (Nov. 1, 2013) (adding Miami International
Securities Exchange, LLC (‘‘MIAX’’) as a Sponsor to
the OLPP); 76822 (Jan. 1, 2016), 81 FR 1251 (Jan.
11, 2016) (adding EDGX Exchange, Inc. (‘‘EDGX’’)
(n/k/a Cboe EDGX Exchange, Inc. (‘‘Cboe EDGX’’))
as a Sponsor to the OLPP); 77323 (Mar. 8, 2016),
81 FR 13433 (Mar. 14, 2016) (adding ISE Mercury,
LLC (‘‘ISE Mercury’’) (n/k/a Nasdaq MRX, LLC
(‘‘Nasdaq MRX’’)) as a Sponsor to the OLPP); 79897
(Jan. 30, 2017), 82 FR 9263 (Feb. 3, 2017) (adding
MIAX PEARL, LLC (‘‘MIAX PEARL’’) as a Sponsor
to the OLPP), 85228 (Mar. 1, 2019), 84 FR 8355
(Mar. 7, 2019) (adding MIAX Emerald, LLC (‘‘MIAX
Emerald’’) as a Sponsor to the OLPP), and 98388
2 17
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
64005
application of MIAX Sapphire to
register as a national securities exchange
on July 15, 2024.4 One of the conditions
of the Commission’s approval of MIAX
Sapphire was the requirement for the
Exchange to join the OLLP.5 The
amendment adds MIAX Sapphire as a
Plan Sponsor 6 of the OLPP.7 The
Commission is publishing this notice to
solicit comments on the amendment
from interested persons.
I. Description and Purpose of the
Amendment
The OLPP establishes procedures
designed to facilitate the listing and
trading of standardized options
contracts on the options exchanges. The
amendment to the OLPP adds MIAX
Sapphire as a Sponsor. The other OLPP
Sponsors are BOX, Cboe, Cboe BZX,
Cboe C2, Cboe EDGX, MEMX, MIAX,
MIAX Emerald, MIAX PEARL, Nasdaq,
Nasdaq BX, Nasdaq GEMX, Nasdaq ISE,
Nasdaq MRX, Nasdaq Phlx, NYSE
American, NYSE Arca, and OCC. MIAX
Sapphire has submitted an executed
copy of the OLPP to the Commission in
accordance with the procedures set
forth in the OLPP regarding new Plan
Sponsors. Section 7 of the OLPP
provides for the entry of new Plan
Sponsors to the OLPP. Specifically,
Section 7 of the OLPP provides that an
Eligible Exchange 8 may become a Plan
Sponsor of the OLPP by: (i) executing a
copy of the OLPP, as then in effect; (ii)
providing each then-current Plan
Sponsor with a copy of such executed
OLPP; and (iii) effecting an amendment
to the OLPP, as specified in Section 7(ii)
of the OLPP.9
(Sept. 14, 2023), 88 FR 64963 (Sept. 20,
2023)(adding MEMX LLC (‘‘MEMX’’) as a Sponsor
to the OLPP).
4 See Securities and Exchange Act Release No.
100539 (July 15, 2024), 89 FR 58848 (July 19, 2024)
(File No. 10–240) (order granting registration as a
national securities exchange for MIAX Sapphire).
5 See id. at 58866.
6 A ‘‘Plan Sponsor’’ is an Eligible Exchange whose
participation in the OLPP has become effective
pursuant to Section 7 of the OLPP.
7 See Letter from Gregory P. Ziegler, Vice
President, Senior Counsel, MIAX Sapphire, to
Vanessa Countryman, Secretary, Commission, dated
July 26, 2024 (‘‘Amendment’’).
8 The OLPP defines an ‘‘Eligible Exchange’’ as ‘‘a
national securities exchange registered with the
[Commission] in accordance with Section 6(a) of
the [Act] that (1) has effective rules for the trading
of options contracts issued and cleared by OCC
approved in accordance with the provisions of the
[Act] and the rules and regulations thereunder; and
(2) is a party to the Plan for Reporting Consolidated
Options Last Sale Reports and Quotation
Information (the ‘‘OPRA Plan’’).’’ See OLPP Section
7(i). MIAX Sapphire has represented that it has met
both the requirements for being considered an
Eligible Exchange. See Amendment, supra note 7 at
2.
9 MIAX Sapphire has represented that it has
executed a copy of the current Plan, amended to
E:\FR\FM\06AUN1.SGM
Continued
06AUN1
64006
Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Notices
Section 7(ii) of the OLPP sets forth the
process by which an Eligible Exchange
may effect an amendment to the OLPP
to become a Plan Sponsor. Specifically,
an Eligible Exchange must: (a) execute
a copy of the OLPP as then in effect with
the only change being the addition of
the new Plan Sponsor’s name in Section
9 of the OLPP; 10 and (b) submit the
executed OLPP to the Commission. The
OLPP then provides that such an
amendment will be effective when the
amendment is approved by the
Commission or otherwise becomes
effective pursuant to Section 11A of the
Act and Rule 608 thereunder.
II. Effectiveness of the OLPP
Amendment
The foregoing OLPP amendment has
become effective pursuant to Rule
608(b)(3)(iii) 11 because it has been
designated by the sponsors as involving
solely technical or ministerial matters.
At any time within sixty days of the
filing of the amendment, the
Commission may summarily abrogate
the amendment and require that it be
refiled pursuant to paragraph (a)(1) of
Rule 608,12 if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or the maintenance of fair and orderly
markets, to remove impediments to, and
perfect the mechanisms of, a national
market system or otherwise in
furtherance of the purposes of the Act.
III. Solicitation of Comments
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Sherry R. Haywood,
Assistant Secretary.
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the amendment is
consistent with the Act and the rules
thereunder. Comments may be
submitted by any of the following
methods:
[FR Doc. 2024–17280 Filed 8–5–24; 8:45 am]
BILLING CODE 8011–01–P
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 4–
443 on the subject line.
Paper Comments
ddrumheller on DSK120RN23PROD with NOTICES1
• Send paper comments in triplicate
to Secretary, Securities and Exchange
include MIAX Sapphire as a Plan Sponsor in
Section 9 of the Plan, and has provided each
current Plan Sponsor with a copy of the executed
and amended Plan. See Amendment, supra note 7
at 2.
10 The list of Plan Sponsors is set forth in Section
9 of the OLPP.
11 17 CFR 242.608(b)(3)(iii).
12 17 CFR 242.608(a)(1).
VerDate Sep<11>2014
17:40 Aug 05, 2024
Jkt 262001
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to file
number 4–443. 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 plan that
are filed with the Commission, and all
written communications relating to the
plan 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
4–443 and should be submitted on or
before August 27, 2024.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–100626; File No. SR–
NYSEAMER–2024–47]
Self-Regulatory Organizations; NYSE
American LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Change To Modify Rule 7.31E
July 31, 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 July 25,
2024, NYSE American LLC (‘‘NYSE
13 17
CFR 200.30–3(a)(85).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
American’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to modify
Rule 7.31E regarding MPL–ALO orders.
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 amend
Rule 7.31E regarding MPL–ALO Orders.
Rule 7.31E(d)(3) defines a Mid-Point
Liquidity Order (‘‘MPL Order’’) as a
Limit Order to buy (sell) that is not
displayed and does not route, with a
working price at the lower (higher) of
the midpoint of the PBBO or its limit
price. An MPL Order is ranked Priority
3—Non-Display Orders, is valid for any
session, and does not participate in
auctions.
Rule 7.31E(d)(3)(A) provides that an
MPL Order to buy (sell) must be
designated with a limit price in the
MPV for the security and will be eligible
to trade at the working price of the
order.
Rule 7.31E(d)(3)(B) provides that if
there is no PBB, PBO, or the PBBO is
locked or crossed, both an arriving and
resting MPL Order will wait for a PBBO
that is not locked or crossed before
being eligible to trade. If a resting MPL
Order to buy (sell) trades with an MPL
E:\FR\FM\06AUN1.SGM
06AUN1
Agencies
[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Notices]
[Pages 64005-64006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17280]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-100622; File No. 4-443]
Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment to the Plan for the Purpose of Developing and Implementing
Procedures Designed To Facilitate the Listing and Trading of
Standardized Options To Add MIAX Sapphire, LLC as a Plan Sponsor
July 31, 2024.
Pursuant to Section 11A(a)(3) of the Securities Exchange Act of
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given
that on July 26, 2024, MIAX Sapphire, LLC (``MIAX Sapphire'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') an amendment to the Plan for the Purpose of Developing
and Implementing Procedures Designed to Facilitate the Listing and
Trading of Standardized Options (``OLPP'' or ``Plan'').\3\ The
Commission approved the application of MIAX Sapphire to register as a
national securities exchange on July 15, 2024.\4\ One of the conditions
of the Commission's approval of MIAX Sapphire was the requirement for
the Exchange to join the OLLP.\5\ The amendment adds MIAX Sapphire as a
Plan Sponsor \6\ of the OLPP.\7\ The Commission is publishing this
notice to solicit comments on the amendment from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78k-1(a)(3).
\2\ 17 CFR 242.608.
\3\ On July 6, 2001, the Commission approved the OLPP, which was
proposed by the American Stock Exchange LLC (``Amex'') (n/k/a NYSE
American, LLC (``NYSE American'')), Chicago Board Options Exchange,
Incorporated (``Cboe''), International Securities Exchange LLC
(``ISE'') (n/k/a Nasdaq ISE, LLC (``Nasdaq ISE'')), Options Clearing
Corporation (``OCC''), Philadelphia Stock Exchange, Inc. (``Phlx'')
(n/k/a Nasdaq Phlx LLC (Nasdaq Phlx)), and Pacific Exchange, Inc.
(``PCX'') (n/k/a NYSE Arca, Inc. (``NYSE Arca'')). See Securities
Exchange Act Release No. 44521, 66 FR 36809 (July 13, 2001). See
also Securities Exchange Act Release Nos. 49199 (Feb. 5, 2004), 69
FR 7030 (Feb. 12, 2004) (adding Boston Stock Exchange, Inc. as a
Sponsor to the OLPP); 57546 (Mar. 21, 2008), 73 FR 16393 (Mar. 27,
2008) (adding Nasdaq Stock Market, LLC (``Nasdaq'') as a Sponsor to
the OLPP); 61528 (Feb. 17, 2010), 75 FR 8415 (Feb. 24, 2010) (adding
BATS Exchange, Inc. (``BATS'') (n/k/a Cboe BZX Exchange, Inc.
(``Cboe BZX'')) as a Sponsor to the OLPP); 63162 (Oct. 22, 2010), 75
FR 66401 (Oct. 28, 2010) (adding C2 Options Exchange Incorporated
(``C2'') (n/k/a Cboe C2 Exchange, Inc. (``Cboe C2'')) as a sponsor
to the OLPP); 66952 (May 9, 2012), 77 FR 28641 (May 15, 2012)
(adding BOX Options Exchange LLC (``BOX'') as a Sponsor to the
OLPP); 67327 (June 29, 2012), 77 FR 40125 (July 6, 2012) (adding
Nasdaq OMX BX, Inc. (``BX'') (n/k/a Nasdaq BX, Inc. (``Nasdaq BX''))
as a Sponsor to the OLPP); 70765 (Oct. 28, 2013), 78 FR 65739 (Nov.
1, 2013) (adding Topaz Exchange, LLC as a Sponsor to the OLPP
(``Topaz'') (n/k/a Nasdaq GEMX, LLC (``Nasdaq GEMX''); 70764 (Oct.
28, 2013), 78 FR 65733 (Nov. 1, 2013) (adding Miami International
Securities Exchange, LLC (``MIAX'') as a Sponsor to the OLPP); 76822
(Jan. 1, 2016), 81 FR 1251 (Jan. 11, 2016) (adding EDGX Exchange,
Inc. (``EDGX'') (n/k/a Cboe EDGX Exchange, Inc. (``Cboe EDGX'')) as
a Sponsor to the OLPP); 77323 (Mar. 8, 2016), 81 FR 13433 (Mar. 14,
2016) (adding ISE Mercury, LLC (``ISE Mercury'') (n/k/a Nasdaq MRX,
LLC (``Nasdaq MRX'')) as a Sponsor to the OLPP); 79897 (Jan. 30,
2017), 82 FR 9263 (Feb. 3, 2017) (adding MIAX PEARL, LLC (``MIAX
PEARL'') as a Sponsor to the OLPP), 85228 (Mar. 1, 2019), 84 FR 8355
(Mar. 7, 2019) (adding MIAX Emerald, LLC (``MIAX Emerald'') as a
Sponsor to the OLPP), and 98388 (Sept. 14, 2023), 88 FR 64963 (Sept.
20, 2023)(adding MEMX LLC (``MEMX'') as a Sponsor to the OLPP).
\4\ See Securities and Exchange Act Release No. 100539 (July 15,
2024), 89 FR 58848 (July 19, 2024) (File No. 10-240) (order granting
registration as a national securities exchange for MIAX Sapphire).
\5\ See id. at 58866.
\6\ A ``Plan Sponsor'' is an Eligible Exchange whose
participation in the OLPP has become effective pursuant to Section 7
of the OLPP.
\7\ See Letter from Gregory P. Ziegler, Vice President, Senior
Counsel, MIAX Sapphire, to Vanessa Countryman, Secretary,
Commission, dated July 26, 2024 (``Amendment'').
---------------------------------------------------------------------------
I. Description and Purpose of the Amendment
The OLPP establishes procedures designed to facilitate the listing
and trading of standardized options contracts on the options exchanges.
The amendment to the OLPP adds MIAX Sapphire as a Sponsor. The other
OLPP Sponsors are BOX, Cboe, Cboe BZX, Cboe C2, Cboe EDGX, MEMX, MIAX,
MIAX Emerald, MIAX PEARL, Nasdaq, Nasdaq BX, Nasdaq GEMX, Nasdaq ISE,
Nasdaq MRX, Nasdaq Phlx, NYSE American, NYSE Arca, and OCC. MIAX
Sapphire has submitted an executed copy of the OLPP to the Commission
in accordance with the procedures set forth in the OLPP regarding new
Plan Sponsors. Section 7 of the OLPP provides for the entry of new Plan
Sponsors to the OLPP. Specifically, Section 7 of the OLPP provides that
an Eligible Exchange \8\ may become a Plan Sponsor of the OLPP by: (i)
executing a copy of the OLPP, as then in effect; (ii) providing each
then-current Plan Sponsor with a copy of such executed OLPP; and (iii)
effecting an amendment to the OLPP, as specified in Section 7(ii) of
the OLPP.\9\
---------------------------------------------------------------------------
\8\ The OLPP defines an ``Eligible Exchange'' as ``a national
securities exchange registered with the [Commission] in accordance
with Section 6(a) of the [Act] that (1) has effective rules for the
trading of options contracts issued and cleared by OCC approved in
accordance with the provisions of the [Act] and the rules and
regulations thereunder; and (2) is a party to the Plan for Reporting
Consolidated Options Last Sale Reports and Quotation Information
(the ``OPRA Plan'').'' See OLPP Section 7(i). MIAX Sapphire has
represented that it has met both the requirements for being
considered an Eligible Exchange. See Amendment, supra note 7 at 2.
\9\ MIAX Sapphire has represented that it has executed a copy of
the current Plan, amended to include MIAX Sapphire as a Plan Sponsor
in Section 9 of the Plan, and has provided each current Plan Sponsor
with a copy of the executed and amended Plan. See Amendment, supra
note 7 at 2.
---------------------------------------------------------------------------
[[Page 64006]]
Section 7(ii) of the OLPP sets forth the process by which an
Eligible Exchange may effect an amendment to the OLPP to become a Plan
Sponsor. Specifically, an Eligible Exchange must: (a) execute a copy of
the OLPP as then in effect with the only change being the addition of
the new Plan Sponsor's name in Section 9 of the OLPP; \10\ and (b)
submit the executed OLPP to the Commission. The OLPP then provides that
such an amendment will be effective when the amendment is approved by
the Commission or otherwise becomes effective pursuant to Section 11A
of the Act and Rule 608 thereunder.
---------------------------------------------------------------------------
\10\ The list of Plan Sponsors is set forth in Section 9 of the
OLPP.
---------------------------------------------------------------------------
II. Effectiveness of the OLPP Amendment
The foregoing OLPP amendment has become effective pursuant to Rule
608(b)(3)(iii) \11\ because it has been designated by the sponsors as
involving solely technical or ministerial matters. At any time within
sixty days of the filing of the amendment, the Commission may summarily
abrogate the amendment and require that it be refiled pursuant to
paragraph (a)(1) of Rule 608,\12\ if it appears to the Commission that
such action is necessary or appropriate in the public interest, for the
protection of investors, or the maintenance of fair and orderly
markets, to remove impediments to, and perfect the mechanisms of, a
national market system or otherwise in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------
\11\ 17 CFR 242.608(b)(3)(iii).
\12\ 17 CFR 242.608(a)(1).
---------------------------------------------------------------------------
III. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the amendment is
consistent with the Act and the rules thereunder. 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 4-443 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 4-443. 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 plan that are filed with the Commission,
and all written communications relating to the plan 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 4-
443 and should be submitted on or before August 27, 2024.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------
\13\ 17 CFR 200.30-3(a)(85).
---------------------------------------------------------------------------
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-17280 Filed 8-5-24; 8:45 am]
BILLING CODE 8011-01-P