Submission for OMB Review; Comment Request; Extension: Rule 15g-4, 65468-65469 [2024-17652]

Download as PDF 65468 Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Notices Participant in the Plan by: (i) executing a copy of the Plan, as then in effect; (ii) providing each current Participant with a copy of such executed Plan; and (iii) effecting an amendment to the Plan, as specified in Section 4(b) of the Plan.6 Section 4(b) of the Plan sets forth the process by which an Eligible Exchange may effect an amendment to the Plan. Specifically, an Eligible Exchange must: (a) execute a copy of the Plan with the only change being the addition of the new Participant’s name in Section 3(a) of the Plan; and (b) submit the executed Plan to the Commission. The Plan 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 Proposed Linkage Plan Amendment The foregoing Plan amendment has become effective pursuant to Rule 608(b)(3)(iii) 7 because it has been designated as involving solely technical or ministerial matters. At any time within sixty days of the filing of this amendment, the Commission may summarily abrogate the amendment and require that it be refiled pursuant to paragraph (a)(1) of Rule 608,8 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. ddrumheller on DSK120RN23PROD with NOTICES1 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: securities exchange chooses not to become part to this Plan, is a participant in another plan approved by the Commission providing for comparable Trade-Through and Locked and Crossed Market protection. MIAX Sapphire has represented that it has met the requirements for being considered an Eligible Exchange. See letter from Gregory P. Ziegler, Vice President and Senior Counsel, MIAX Sapphire, to Vanessa Countryman, Secretary, Commission, dated July 30, 2024. 6 MIAX Sapphire has represented that it has executed a copy of the current Plan, amended to include MIAX Sapphire as a Participant and has sent each current Participant a copy of the executed Plan. See letter from Gregory P. Ziegler, Vice President and Senior Counsel, MIAX Sapphire, to Vanessa Countryman, Secretary, Commission, dated July 30, 2024. 7 17 CFR 242.608(b)(3)(iii). 8 17 CFR 242.608(a)(1). VerDate Sep<11>2014 19:21 Aug 08, 2024 Jkt 262001 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– 546 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 4–546. 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 4–546 and should be submitted on or before August 30, 2024. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.9 Sherry R. Haywood, Assistant Secretary. [FR Doc. 2024–17686 Filed 8–8–24; 8:45 am] BILLING CODE 8011–01–P 9 17 PO 00000 CFR 200.30–3(a)(85). Frm 00157 Fmt 4703 Sfmt 4703 SECURITIES AND EXCHANGE COMMISSION [SEC File No. 270–347, OMB Control No. 3235–0393] Submission for OMB Review; Comment Request; Extension: Rule 15g–4 Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 20549–2736 Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (‘‘Commission’’) has submitted to the Office of Management and Budget (‘‘OMB’’) a request for extension of the existing collection of information provided for in Rule 15g–4—Disclosure of compensation to brokers or dealers (17 CRF 240.15g–4) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). Rule 15g–4 requires brokers and dealers effecting transactions in penny stocks for or with customers to disclose the amount of compensation received by the broker-dealer in connection with the transaction. The purpose of the rule is to increase the level of disclosure to investors concerning penny stocks generally and specific penny stock transactions. The Commission estimates that approximately 170 broker-dealers will each spend an average of approximately 87.0833333 hours annually to comply with this rule. Thus, the total time burden is approximately 14,804 hours per year. Rule 15g–4 contains record retention requirements. Compliance with the rule is mandatory. The required records are available only to the examination staff of the Commission and the self regulatory organizations of which the broker-dealer is a member. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information under the PRA unless it displays a currently valid OMB control number. The public may view background documentation for this information collection at the following website: www.reginfo.gov. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Written comments and recommendations for the proposed information collection should be sent by September 9, 2024 to (i) www.reginfo.gov/public/do/PRAMain E:\FR\FM\09AUN1.SGM 09AUN1 Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Notices and (ii) Austin Gerig, Director/Chief Data Officer, Securities and Exchange Commission, c/o Oluwaseun Ajayi, 100 F Street NE, Washington, DC 20549, or by sending an email to: PRA_Mailbox@ sec.gov. Dated: August 5, 2024. Sherry R. Haywood, Assistant Secretary. [FR Doc. 2024–17652 Filed 8–8–24; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–100651; File No. SR– CboeEDGX–2024–035] Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Suspension of and Order Instituting Proceedings To Determine Whether To Approve or Disapprove Proposed Rule Change To Amend the Exchange’s Fee Schedule Related to Physical Port Fees August 5, 2024 I. Introduction On June 7, 2024, Cboe EDGX Exchange, Inc. (the ‘‘Exchange’’ or ‘‘EDGX’’) filed with the Securities and Exchange Commission (‘‘Commission’’ or ‘‘SEC’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Exchange Act’’ or ‘‘Act’’),1 and Rule 19b–4 thereunder,2 a proposed rule change (File Number SR–CboeEDGX– 2024–035) to increase fees for 10 gigabit (‘‘Gb’’) physical ports (‘‘Proposal’’). The proposed rule change was immediately effective upon filing with the Commission pursuant to Section 19(b)(3)(A) of the Act.3 The proposed rule change was published for comment in the Federal Register on June 21, 2024.4 Pursuant to Section 19(b)(3)(C) of the Act,5 the Commission is hereby: (1) temporarily suspending the proposed rule change; and (2) instituting proceedings to determine whether to approve or disapprove the proposed rule change. II. Background and Description of the Proposed Rule Change The Exchange proposes to amend its fee schedule relating to physical ddrumheller on DSK120RN23PROD with NOTICES1 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take effect upon filing with the Commission if it is designated by the exchange as ‘‘establishing or changing a due, fee, or other charge imposed by the self-regulatory organization on any person, whether or not the person is a member of the self-regulatory organization.’’ 15 U.S.C. 78s(b)(3)(A)(ii). 4 See Securities Exchange Act Release No. 100343 (June 14, 2024), 89 FR 52109 (‘‘Notice’’). 5 15 U.S.C. 78s(b)(3)(C). 2 17 VerDate Sep<11>2014 19:21 Aug 08, 2024 Jkt 262001 connectivity fees by increasing the monthly fee for 10 Gb physical ports from $7,500 to $8,500 per port.6 The Exchanges states that, by way of background, a physical port is utilized by a Member or non-Member to connect to the Exchange at the data centers where the Exchange’s servers are located.7 Prior to this proposed rule change, the Exchange assessed the following physical connectivity fees for Members and non-Members on a monthly basis: $2,500 per physical port for a 1 Gb circuit and $7,500 per physical port for a 10 Gb circuit.8 The Exchange states the proposed fee change better enables it to continue to maintain and improve its market technology and services and also notes that the proposed fee amount, even as amended, continues to be in line with, or even lower than, amounts assessed by other exchanges for similar connections.9 The Exchange also states that a single 10 Gb physical port can be used to access the Systems of the following affiliate exchanges: the Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc. (options and equities platforms), Cboe EDGA Exchange, Inc., and Cboe C2 Exchange, Inc. (‘‘Affiliate Exchanges’’).10 The Exchange states that only one monthly 6 See Notice, 89 FR at 52109. The Exchange initially filed the proposed fee changes on July 3, 2023 (SR–CboeEDGX–2023–044). On September 1, 2023, the Exchange withdrew that filing and submitted SR–CboeEDGX–2023–057. On September 29, 2023, the Exchange states that the Securities and Exchange Commission issued a Suspension of and Order Instituting Proceedings to Determine whether to Approve or Disapprove a Proposed Rule Change to Amend its Fees Schedule Related to Physical Port Fees. See Notice, 89 FR at 52109 n.3. On September 29, 2023, the Exchange filed the proposed fee change (SR–CboeEDGX–2023–62). On October 13, 2023, the Exchange withdrew that filing and, on business day October 16, 2023, submitted SR–CboeEDGX–2023–065. On December 12, 2023, the Exchange withdrew that filing and submitted SR–CboeEDGX–2023–079. On December 20, 2023, the Exchange withdrew that filing and submitted SR–CboeBZX–2023–081. On February 12, 2024, the Exchange withdrew that filing and submitted SR– CboeEDGX–2024–013. On April 9, 2024, the Exchange withdrew that filing and submitted SR– CboeEDGX–2024–020. On June 7, 2024, the Exchange withdrew that filing and submitted SR– CboeEDGX–2024–035. 7 See Notice, 89 FR at 52109. 8 See Notice, 89 FR at 52109. 9 See Notice, 89 FR at 52109 (citing The Nasdaq Stock Market LLC (‘‘Nasdaq’’), General 8, Connectivity to the Exchange. Nasdaq and its affiliated exchanges charge a monthly fee of $15,000 for each 10Gb Ultra fiber connection to the respective exchange, which is analogous to the Exchange’s 10Gb physical port. See also id. (citing New York Stock Exchange LLC, NYSE American LLC, NYSE Arca, Inc., NYSE Chicago Inc., NYSE National, Inc. Connectivity Fee Schedule, which provides that 10 Gb LX LCN Circuits (which are analogous to the Exchange’s 10 Gb physical port) are assessed $22,000 per month, per port.)). 10 See Notice, 89 FR at 52109. The Affiliate Exchanges are also submitted contemporaneous substantively similar rule filings. PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 65469 fee applies per 10 Gb physical port regardless of how many affiliated exchanges are accessed through that one port.11 III. Suspension of the Proposed Rule Change Pursuant to Section 19(b)(3)(C) of the Act,12 at any time within 60 days of the date of filing of an immediately effective proposed rule change pursuant to Section 19(b)(1) of the Act,13 the Commission summarily may temporarily suspend the change in the rules of a self-regulatory organization (‘‘SRO’’) 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. A temporary suspension of the proposed rule changes is necessary and appropriate to allow for additional analysis of the proposed rule change’s consistency with the Act and the rules thereunder. A. Exchange Statements In Support of the Proposal In support of the Proposal, the Exchange states that it believes the proposed rule change is consistent with 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.16 Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) requirement that the rules of an exchange not be designed to permit unfair discrimination between 11 See Notice, 89 FR at 52109. The Exchange states that conversely, other exchange groups charge separate port fees for access to separate, but affiliated, exchanges. See Notice, 89 FR at 52109 n.6 (citing Securities and Exchange Release No. 99822 (March 21, 2024), 89 FR 21337 (March 27, 2024) (SR–MIAX–2024–016)). 12 15 U.S.C. 78s(b)(3)(C). 13 15 U.S.C. 78s(b)(1). 14 See Notice, 89 FR at 52109; 15 U.S.C. 78f(b). 15 See Notice, 89 FR at 52109; 15 U.S.C. 78f(b)(5). 16 See Notice, 89 FR at 52109. E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Notices]
[Pages 65468-65469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17652]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-347, OMB Control No. 3235-0393]


Submission for OMB Review; Comment Request; Extension: Rule 15g-4

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 
20549-2736

    Notice is hereby given that pursuant to the Paperwork Reduction Act 
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (``Commission'') has submitted to the Office of Management 
and Budget (``OMB'') a request for extension of the existing collection 
of information provided for in Rule 15g-4--Disclosure of compensation 
to brokers or dealers (17 CRF 240.15g-4) under the Securities Exchange 
Act of 1934 (15 U.S.C. 78a et seq.).
    Rule 15g-4 requires brokers and dealers effecting transactions in 
penny stocks for or with customers to disclose the amount of 
compensation received by the broker-dealer in connection with the 
transaction. The purpose of the rule is to increase the level of 
disclosure to investors concerning penny stocks generally and specific 
penny stock transactions.
    The Commission estimates that approximately 170 broker-dealers will 
each spend an average of approximately 87.0833333 hours annually to 
comply with this rule. Thus, the total time burden is approximately 
14,804 hours per year.
    Rule 15g-4 contains record retention requirements. Compliance with 
the rule is mandatory. The required records are available only to the 
examination staff of the Commission and the self regulatory 
organizations of which the broker-dealer is a member.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information under the PRA unless it 
displays a currently valid OMB control number.
    The public may view background documentation for this information 
collection at the following website: www.reginfo.gov. Find this 
particular information collection by selecting ``Currently under 30-day 
Review--Open for Public Comments'' or by using the search function. 
Written comments and recommendations for the proposed information 
collection should be sent by September 9, 2024 to (i) www.reginfo.gov/public/do/PRAMain

[[Page 65469]]

and (ii) Austin Gerig, Director/Chief Data Officer, Securities and 
Exchange Commission, c/o Oluwaseun Ajayi, 100 F Street NE, Washington, 
DC 20549, or by sending an email to: [email protected].

    Dated: August 5, 2024.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-17652 Filed 8-8-24; 8:45 am]
BILLING CODE 8011-01-P

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