Self-Regulatory Organizations; Nasdaq PHLX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Equity 4, Rule 3304 Concerning Data Feeds Utilized, 99923-99925 [2024-29035]
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices
written evaluation process; fitness
standards; and standards for the
evaluation of the independence of
nominees and directors.50 The proposed
rule change would establish a
Nominating Committee, make the
Nominating Committee responsible for
evaluating and recommending
individuals to be potential members of
the Board, and augment ICC’s existing
independence standards to be consistent
with Rule 17Ad–25.51 Based on the
foregoing, and as discussed above, the
proposed rule change is consistent with
the requirements of Rule 17Ad–25
under the Act.52
The compliance date for Rule 17Ad–
25 generally is December 5, 2024.53
Approving the proposed rule change on
an accelerated basis will allow ICC to
establish, among other things, a
nominating committee and additional
independence standards, by this
compliance date. Accordingly, the
Commission finds good cause to
approve the proposed rule change on an
accelerated basis prior to the 30th day
after the date of publication of notice of
filing of the proposed rule change in the
Federal Register, pursuant to Section
19(b)(2) of the Act.54
VI. Conclusion
On the basis of the foregoing, the
Commission finds that the proposed
rule change is consistent with the
requirements of the Act, and in
particular, Sections 17A(b)(3)(A) and (F)
of the Act 55 and Rules 17Ad–22(e)(2)
and 17Ad–25.56
It is therefore ordered pursuant to
Section 19(b)(2) of the Act that the
proposed rule change (SR–ICC–2024–
010) be, and hereby is, approved on an
accelerated basis.57
50 17
CFR 240.17ad–25.
CFR 240.17ad–25.
52 17 CFR 240.17ad–25.
53 Securities Exchange Act Release No. 98959
(Nov. 16, 2023), 88 FR 84454 (Dec. 5, 2023) (File
No. S7–21–22) (explaining that the compliance date
for Rule 17Ad–25 is December 5, 2024, except that
the compliance date for the independence
requirements of the board and board committees in
Rules 17Ad–25(b)(1), (c)(2), and (e) is December 5,
2025).
54 15 U.S.C. 78s(b)(2).
55 15 U.S.C. 78q–1(b)(3)(F).
56 17 CFR 240.17Ad–22(e)(2) and 17 CFR
240.17ad–25.
57 In approving the proposed rule change, the
Commission considered the proposal’s impacts on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
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For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.58
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–29038 Filed 12–10–24; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–662, OMB Control No.
3235–0720]
99923
unless it displays a currently valid
control number.
Public Comment Instructions: The 30day public comment period for this
information collection request opens on
December 12, 2024 and closes at the end
of the day on January 13, 2025. The
public may view the full information
request and submit comments at https://
www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=202412-3235-004
or email comments to
MBX.OMB.OIRA.SEC_desk_officer@
omb.eop.gov.
Submission for OMB Review;
Comment Request; Extension: Form
1–K
Dated: December 5, 2024.
Sherry R. Haywood,
Assistant Secretary.
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
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget this
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approved collection of information
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Form 1–K (17 CFR 239.91) is used to
file annual reports by Tier 2 issuers
under Regulation A, an exemption from
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issuers under Regulation A conducting
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prepared by the company for a total
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An agency may not conduct or
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[FR Doc. 2024–29024 Filed 12–10–24; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–101828; File No. SR–Phlx–
2024–65]
Self-Regulatory Organizations; Nasdaq
PHLX, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Equity 4, Rule
3304 Concerning Data Feeds Utilized
December 5, 2024.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on November
25, 2024, Nasdaq PHLX, LLC (‘‘Phlx’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘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 amend
Equity 4, Rule 3304 (Data Feeds
Utilized) to change the primary and
secondary source of quotation data of
certain market centers in the list of
proprietary and network processor feeds
that the Exchange utilizes for the
handling, routing, and execution of
orders as well as regulatory compliance
processes related to those functions.
The text of the proposed rule change
is available on the Exchange’s website at
https://listingcenter.nasdaq.com/
rulebook/nasdaq/rules, at the principal
1 15
58 17
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CFR 200.30–3(a)(12).
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
11DEN1
99924
Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices
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
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 Exchange proposes to update and
amend the data feeds table in Equity 4,
Rule 3304, which sets forth on a marketby-market basis the specific proprietary
and network processor feeds that the
Exchange utilizes for the handling,
routing, and execution of orders, and for
performing the regulatory compliance
processes related to each of those
functions. Specifically, the table would
be amended to reflect that the Exchange
will receive a direct feed from the LongTerm Stock Exchange (‘‘LTSE’’) as its
primary quotation data source and CQS/
UQDF will become its secondary data
source for the handling, routing and
execution of orders and for performing
regulatory compliance processes related
to each of those functions. The change
to the primary sources reflects the
Exchange’s effort to include an
additional source and the use of
secondary sources in the event the
primary source is unable to provide
data.
The operative date of the proposed
rule change shall be November 25, 2024.
lotter on DSK11XQN23PROD with NOTICES1
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,3 in general, and furthers the
objectives of Section 6(b)(5) of the Act,4
in particular, in that it is designed to
promote just and equitable principles of
trade, 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.
3 15
4 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
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The Exchange believes that the
proposed rule change removes
impediments to and perfects the
mechanism of a free and open market
because updating its data feeds table of
market centers for which the exchange
consumes quotation data through a
direct feed will provide clarity to market
participants. Additionally, it is
necessary and consistent with the
public interest and the protection of
investors to update the Exchange’s table
of market centers in Equity 4, Rule 3304
in order to provide transparency with
respect to all the direct proprietary and
network processor feeds from which the
Exchange obtains market data.
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 not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change is not designed to
address any competitive issue; instead,
its purpose is to enhance transparency
with respect to the operation of the
Exchange and its use of market data
feeds.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 5 and Rule
19b–4(f)(6) thereunder.6 Because the
proposed rule change does not: (i)
significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
for 30 days from the date on which it
was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 7 and Rule 19b–4(f)(6)
thereunder.8
5 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
7 15 U.S.C. 78s(b)(3)(A).
8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the Exchange to give the
Commission written notice of the Exchange’s intent
to file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
6 17
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A proposed rule change filed under
Rule 19b–4(f)(6) 9 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),10 the
Commission may designate a shorter
time if such action is consistent with the
protection of investors and the public
interest. The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposed
rule change may become operative
immediately. The Commission believes
that waiving the 30-day operative delay
is consistent with the protection of
investors and the public interest
because the proposal does not raise any
novel regulatory issues and waiver will
allow the Exchange to begin receiving
and using a direct feed from LTSE as
soon as possible. For this reason, the
Commission hereby waives the 30-day
operative delay and designates the
proposal operative upon filing.11
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
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–
Phlx–2024–65 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.
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
9 17 CFR 240.19b–4(f)(6).
10 17 CFR 240.19b–4(f)(6)(iii).
11 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
E:\FR\FM\11DEN1.SGM
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices
All submissions should refer to file
number SR–Phlx–2024–65. 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
10:00 a.m. and 3:00 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–Phlx–2024–65, and
should be submitted on or before
December 31, 2024.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–29035 Filed 12–10–24; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
lotter on DSK11XQN23PROD with NOTICES1
[Release No. 34–101822; File No. SR–Phlx–
2024–67]
Self-Regulatory Organizations; Nasdaq
PHLX LLC; Notice of Filing of
Proposed Rule Change To Amend the
Exchange’s Fees for Top of PHLX
Options (TOPO), PHLX Orders, and
TOPO Plus Orders
December 5, 2024.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
12 17
CFR 200.30–3(a)(12), (59).
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18:17 Dec 10, 2024
Jkt 265001
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on November
27, 2024, Nasdaq PHLX LLC (‘‘Phlx’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III, below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Exchange’s proprietary data fees for Top
of PHLX Options (‘‘TOPO’’), PHLX
Orders, and TOPO Plus Orders at
Options 7, Section 10, as described
further below.
The text of the proposed rule change
is available on the Exchange’s website at
https://listingcenter.nasdaq.com/
rulebook/phlx/rules, 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
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.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Options 3, Section 23(a)(1) (‘‘Top of PHLX
Options (‘TOPO’) is a direct data feed product that
includes the Exchange’s best bid and offer price,
with aggregate size, based on displayable order and
quoting interest on Phlx and last sale information
for trades executed on Phlx. The data contained in
the TOPO data feed is identical to the data
simultaneously sent to the processor for the OPRA
and subscribers of the data feed. The data provided
for each options series includes the symbols (series
and underlying security), put or call indicator,
expiration date, the strike price of the series, and
whether the option series is available for trading on
Phlx and identifies if the series is available for
closing transactions only.’’).
4 See Options 3, Section 23(a)(1) (‘‘PHLX Orders
is a real-time full Limit Order book data feed that
provides pricing information for orders on the
PHLX Order book for displayed order types as well
as market participant capacity. PHLX Orders is
currently provided as part of the TOPO Plus Orders
data product. PHLX Orders provides real-time
information to enable users to keep track of the
single and complex order book(s). The data
provided for each options series includes the
symbols (series and underlying security), put or call
2 17
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99925
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 amend the Exchange’s
proprietary data fees for Top of PHLX
Options (‘‘TOPO’’),3 PHLX Orders,4 and
TOPO Plus Orders at Options 7, Section
10.5
Top of PHLX Options (‘‘TOPO’’)
TOPO is a direct data feed that
provides subscribers with PHLX Best
Bid and Offer (‘‘BBO’’) 6 and last sale
information.7 The data distributed on
TOPO is identical to the data
simultaneously sent to the Options Price
Reporting Authority (‘‘OPRA’’).8 The
TOPO feed also provides administrative
information to facilitate trading on the
Exchange such as, for example, the list
of symbols trading on a particular day.9
TOPO reduces the transmission and
processing latencies for top of book
information relative to the OPRA feed
by avoiding the latencies generated by
the latter in consolidating data.
indicator, expiration date, the strike price of the
series, leg information on complex strategies and
whether the option series is available for trading on
Phlx and identifies if the series is available for
closing transactions only. The feed also provides
auction and exposure notifications and order
imbalances on opening/reopening (size of matched
contracts and size of the imbalance)’’).
5 The proposed changes were initially filed on
November 16, 2023, as SR–Phlx–2023–51. On
December 5, 2023, SR–Phlx–2023–51 was
withdrawn and replaced with SR–Phlx–2023–57.
On January 29, 2024, SR–Phlx–2023–57 was
withdrawn and replaced with SR–Phlx 2024–03. On
March 20, 2024, SR–Phlx–2024–03 was withdrawn
and replaced with SR–Phlx–2024–15. On May 16,
2024, the Commission instituted proceedings to
determine whether to approve or disapprove the
proposed rule change. See Securities Exchange Act
Release No. 100160 (May 16, 2024), 89 FR 45036
(May 22, 2024). On November 19, 2024, SR–Phlx–
2024–15 was withdrawn and replaced with SR–
Phlx–2024–60. On November 27, 2024, SR–Phlx–
2024–60 was withdrawn and replaced with the
instant filing.
6 The Best Bid and Offer includes aggregate size
information based on displayable order and quoting
interest on the Exchange.
7 See PHLX, ‘‘Top of Phlx Options,’’ available at
https://www.nasdaqtrader.com/Micro.aspx?id=
TOPO#:∼:text=Top%20of%20PHLX%20Options
%20(TOPO,in%20the%20consolidated%20market
%20feed.
8 See Options 3 (Options Trading Rules), Section
23(a)(1) (Data Feeds and Trade Information) (‘‘The
data contained in the TOPO data feed is identical
to the data simultaneously sent to the processor for
the OPRA and subscribers of the data feed.’’).
9 See, e.g., Nasdaq, ‘‘Top of Phlx Options Interface
Specifications, Version 3.4’’ Section 4.3 available at
https://www.nasdaqtrader.com/content/
technicalsupport/specifications/dataproducts/
topofphlx.pdf (describing the start of day options
directory message, which lists all symbols eligible
for the auction process).
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Agencies
[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Notices]
[Pages 99923-99925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29035]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-101828; File No. SR-Phlx-2024-65]
Self-Regulatory Organizations; Nasdaq PHLX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Equity 4,
Rule 3304 Concerning Data Feeds Utilized
December 5, 2024.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 25, 2024, Nasdaq PHLX, LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Equity 4, Rule 3304 (Data Feeds
Utilized) to change the primary and secondary source of quotation data
of certain market centers in the list of proprietary and network
processor feeds that the Exchange utilizes for the handling, routing,
and execution of orders as well as regulatory compliance processes
related to those functions.
The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal
[[Page 99924]]
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 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 Exchange proposes to update and amend the data feeds table in
Equity 4, Rule 3304, which sets forth on a market-by-market basis the
specific proprietary and network processor feeds that the Exchange
utilizes for the handling, routing, and execution of orders, and for
performing the regulatory compliance processes related to each of those
functions. Specifically, the table would be amended to reflect that the
Exchange will receive a direct feed from the Long-Term Stock Exchange
(``LTSE'') as its primary quotation data source and CQS/UQDF will
become its secondary data source for the handling, routing and
execution of orders and for performing regulatory compliance processes
related to each of those functions. The change to the primary sources
reflects the Exchange's effort to include an additional source and the
use of secondary sources in the event the primary source is unable to
provide data.
The operative date of the proposed rule change shall be November
25, 2024.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\3\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\4\ in particular, in that it is designed to promote
just and equitable principles of trade, 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.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f(b).
\4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule change removes
impediments to and perfects the mechanism of a free and open market
because updating its data feeds table of market centers for which the
exchange consumes quotation data through a direct feed will provide
clarity to market participants. Additionally, it is necessary and
consistent with the public interest and the protection of investors to
update the Exchange's table of market centers in Equity 4, Rule 3304 in
order to provide transparency with respect to all the direct
proprietary and network processor feeds from which the Exchange obtains
market data.
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 not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change is not
designed to address any competitive issue; instead, its purpose is to
enhance transparency with respect to the operation of the Exchange and
its use of market data feeds.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \5\ and Rule 19b-4(f)(6) thereunder.\6\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
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\5\ 15 U.S.C. 78s(b)(3)(A)(iii).
\6\ 17 CFR 240.19b-4(f)(6).
\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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A proposed rule change filed under Rule 19b-4(f)(6) \9\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\10\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because the proposal
does not raise any novel regulatory issues and waiver will allow the
Exchange to begin receiving and using a direct feed from LTSE as soon
as possible. For this reason, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\11\
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\9\ 17 CFR 240.19b-4(f)(6).
\10\ 17 CFR 240.19b-4(f)(6)(iii).
\11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
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-Phlx-2024-65 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.
[[Page 99925]]
All submissions should refer to file number SR-Phlx-2024-65. 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
10:00 a.m. and 3:00 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-Phlx-2024-65, and should
be submitted on or before December 31, 2024.
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\12\ 17 CFR 200.30-3(a)(12), (59).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-29035 Filed 12-10-24; 8:45 am]
BILLING CODE 8011-01-P