60-day Notice

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Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices

of the Act 8 and Rule 19b–4(f)(6)(iii)
thereunder.9
At any time within 60 days of the
filing of such 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
under Section 19(b)(2)(B) 10 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include file number SR–
NYSECHX–2024–33 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–NYSECHX–2024–33. 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
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its 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.
10 15 U.S.C. 78s(b)(2)(B).

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–NYSECHX–2024–33 and should be
submitted on or before December 17,
2024.

Register.4 On May 16, 2024, the
Commission issued an order
temporarily suspending the proposed
rule change pursuant to Section
19(b)(3)(C) of the Act 5 and
simultaneously instituting proceedings
under Section 19(b)(2)(B) of the Act 6 to
determine whether to approve or
disapprove the proposed rule change.7
On September 20, 2024, pursuant to
Section 19(b)(2) of the Exchange Act,8
the Commission designated a longer
period within which to issue an order
approving or disapproving the proposed
rule change.9 On November 19, 2024,
the Exchange withdrew the proposed
rule change (SR–Phlx–2024–15).

For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Sherry R. Haywood,
Assistant Secretary.

[FR Doc. 2024–27611 Filed 11–25–24; 8:45 am]

[FR Doc. 2024–27614 Filed 11–25–24; 8:45 am]
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SECURITIES AND EXCHANGE
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[Release No. 34–101664; File No. SR–Phlx–
2024–15]

Self-Regulatory Organizations; Nasdaq
PHLX LLC; Notice of Withdrawal of a
Proposed Rule Change To Amend the
Exchange’s Fees for Top of PHLX
Options (TOPO), PHLX Orders, and
TOPO Plus Orders
November 20, 2024.

On March 20, 2024, Nasdaq PHLX
LLC (‘‘Phlx’’ or ‘‘Exchange’’) 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–Phlx–2024–15)
to increase fees for certain market data
products. The proposed rule change was
immediately effective upon filing with
the Commission pursuant to Section
19(b)(3)(A) of the Act.3 On March 28,
2024, the proposed rule change was
published for comment in the Federal
11 17

CFR 200.30–3(a)(12), (59).
U.S.C. 78s(b)(1).
2 17 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).
1 15

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[SEC File No. 270–450, OMB Control No.
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8 15
9 17

For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Sherry R. Haywood,
Assistant Secretary.

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Proposed Collection; Comment
Request; Extension: Rule 303 of
Regulation ATS
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’’) is soliciting comments
on the existing collection of information
provided for in Rule 303 of Regulation
ATS (17 CFR 242.303) under the
Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) (‘‘Exchange Act’’).
The Commission plans to submit this
4 See Securities Exchange Act Release No. 99841
(March 22, 2024), 89 FR 21648.
5 15 U.S.C. 78s(b)(3)(C).
6 15 U.S.C. 78s(b)(2)(B).
7 See Securities Exchange Act Release No.
100160, 89 FR 45036 (May 22, 2024). The
Commission has received one comment letter on
the proposed rule change, as well as a response
from the Exchange to the Order Instituting
Proceedings. Comments received on the proposed
rule change are available at: https://www.sec.gov/
comments/sr-phlx-2024-15/srphlx202415.htm.
8 15 U.S.C. 78s(b)(2).
9 See Securities Exchange Act Release No.
101115, 89 FR 78928 (September 26, 2024). The
Commission designated November 23, 2024, as the
date by which the Commission shall approve or
disapprove the proposed rule change.
10 17 CFR 200.30–3(a)(12).

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Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices
existing collection of information to the
Office of Management and Budget
(‘‘OMB’’) for extension and approval.
Regulation ATS sets forth a regulatory
regime for ‘‘alternative trading systems’’
(‘‘ATSs’’), which are entities that carry
out exchange functions but are not
required to register as national securities
exchanges under the Act. In lieu of
exchange registration, an ATS can
instead opt to register with the
Commission as a broker-dealer and, as
a condition to not having to register as
an exchange, must instead comply with
Regulation ATS. Rule 303 of Regulation
ATS (17 CFR 242.303) describes the
record preservation requirements for
ATSs. Rule 303 also describes how such
records must be maintained, what
entities may perform this function, and
how long records must be preserved.
Under Rule 303, ATSs are required to
preserve all records made pursuant to
Rule 302, which includes information
relating to subscribers, trading
summaries, and time-sequenced order
information. Rule 303 also requires
ATSs to preserve any notices provided
to subscribers, including, but not
limited to, notices regarding the ATSs
operations and subscriber access. For an
ATS subject to the fair access
requirements described in Rule
301(b)(5)(ii) of Regulation ATS, Rule
303 further requires the ATS to preserve
at least one copy of its standards for
access to trading, all documents relevant
to the ATS’s decision to grant, deny, or
limit access to any person, and all other
documents made or received by the ATS
in the course of complying with Rule
301(b)(5) of Regulation ATS. For an ATS
subject to the capacity, integrity, and
security requirements for automated
systems under Rule 301(b)(6) of
Regulation ATS, Rule 303 requires an
ATS to preserve all documents made or
received by the ATS related to its
compliance, including all
correspondence, memoranda, papers,
books, notices, accounts, reports, test
scripts, test results, and other similar
records. Rule 303(a)(1)(v) of Regulation
ATS requires every ATS to preserve the
written safeguards and written
procedures mandated under Rule
301(b)(10). As provided in Rule
303(a)(1), ATSs are required to keep all
of these records, as applicable, for a
period of at least three years, the first
two in an easily accessible place. In
addition, Rule 303 requires ATSs to
preserve records of partnership articles,
articles of incorporation or charter,
minute books, stock certificate books,
copies of reports filed pursuant to Rule
301(b)(2) and Rule 304, and records
made pursuant to Rule 301(b)(5) for the
life of the ATS. ATSs that trade both

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NMS Stock and securities other than
NMS Stock are required to file, and also
preserve under Rule 303, both Form
ATS and related amendments and Form
ATS–N and related amendments.
The information contained in the
records required to be preserved by Rule
303 will be used by examiners and other
representatives of the Commission, state
securities regulatory authorities, and the
self-regulatory organizations to ensure
that ATSs are in compliance with
Regulation ATS as well as other
applicable rules and regulations.
Without the data required by the Rule,
regulators would be limited in their
ability to comply with their statutory
obligations, provide for the protection of
investors, and promote the maintenance
of fair and orderly markets. Respondents
consist of ATSs that choose to register
as broker-dealers and comply with the
requirements of Regulation ATS.
There are currently107 respondents.
The Commission believes that the
average ongoing hourly burden for a
respondent to comply with the baseline
record preservation requirements under
Rule 303 is approximately 15 hours per
year. We thus estimate that the average
aggregate ongoing burden to comply
with the baseline Rule 303 record
preservation requirements is
approximately1,605 hours per year (107
ATSs × 15 hours = 1,605 hours). In
addition, there are currently two ATSs
that transact in both NMS stock and
non-NMS stock on their ATSs. These
two ATSs have a slightly greater burden
because they have to keep both Form
ATS and Form ATS–N and related
documents (e.g., amendments). For
these two ATS’s, we estimate that the
ongoing burden above the current
baseline estimate for preserving records
will be approximately 1 hour annually
per ATS for a total annual burden above
the current baseline burden estimate of
2 hours for all respondents. Thus, the
estimated average annual aggregate
burden for alternative trading systems to
comply with Rule 303 is approximately
1,607 hours (1,605 hours + 2 hours).
Written comments are invited on: (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
estimates of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.

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Consideration will be given to
comments and suggestions submitted by
January 27, 2025.
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.
Please direct your written comments
to: Austin Gerig, Director/Chief Data
Officer, Securities and Exchange
Commission, c/o Tanya Ruttenberg, 100
F Street NE, Washington, DC 20549, or
send an email to: PRA_Mailbox@
sec.gov.
Dated: November 20, 2024.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–27620 Filed 11–25–24; 8:45 am]
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SECURITIES AND EXCHANGE
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[Release No. 34–101671; File No. SR–NYSE–
2024–73]

Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Harmonize
NYSE Rule 3110.19(d)
November 20, 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 November
13, 2024, New York Stock Exchange
LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to harmonize
NYSE Rule 3110.19(d) (Obligation to
Provide List of RSLs) with certain recent
changes by the Financial Industry
Regulatory Authority, Inc. (‘‘FINRA’’) to
FINRA Rule 3110.19(d). 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.
1 15

U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15

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