Notice2023-08221
Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Introduce a New Data Product To Be Known As the US Equity Short Volume & Trades Report
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 19, 2023
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 88 Issue 75 (Wednesday, April 19, 2023)</title>
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[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24213-24216]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08221]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-97303; File No. SR-CboeBYX-2023-006]
Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Introduce a New Data Product To Be Known As the US Equity Short Volume
& Trades Report
April 13, 2023.
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 April 5, 2023, Cboe BYX Exchange, Inc. (``Exchange'' or ``BYX'')
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 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'') is filing
with the Securities and Exchange Commission (``Commission'') a proposed
rule change to Exchange Rule 11.22 to introduce a new data product to
be known as the US Equity Short Volume & Trades Report. 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 (<a href="http://markets.cboe.com/us/equities/regulation/rule_filings/byx/">http://markets.cboe.com/us/equities/regulation/rule_filings/byx/</a>), 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
[[Page 24214]]
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 seeks to amend Rule 11.22 to revise paragraph 11.22(f)
in order to introduce a new data product to be known as the US Equity
Short Volume & Trades Report. A description of market data products
offered by the Exchange is provided in Exchange Rule 11.22 and proposed
Rule 11.22(f) provides that the US Equity Short Volume & Trades Report
is a report that will contain both an end-of-day short volume report
and an end-of-month report that provides a record of all short sale
transactions for the month. The proposed US Equity Short Volume &
Trades Report will incorporate the existing Short Volume Report \5\
currently described in Rule 11.22(f) as well as introduce a new, end-
of-month report containing a record of all short sale transactions for
the current month. The proposed US Equity Short Volume & Trades Report
is nearly identical to the NYSE TAQ Group Short Sales & Short Volume
product and Nasdaq's Short Sale Volume Reports (discussed infra).
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\5\ See Securities Exchange Act Release No. 95548 (August 18,
2022), 87 FR 52087 (August 24, 2022), SR-CboeBYX-2022-019 (``Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Introduce a New Data Product To Be Known as the Short Volume
Report'').
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The end-of-day report (``EOD Report'') included within the US
Equity Short Volume & Trades Report will be identical to the existing
Short Volume Report published by the Exchange. The existing Short
Volume Report summarizes certain equity trading activity on the
Exchange, including trade date,\6\ total volume,\7\ short volume,\8\
and sell short exempt volume,\9\ by symbol.\10\ The data fields
contained in the existing Short Volume Report will not change when the
Short Volume Report is incorporated into the US Equity Short Volume &
Trades Report as the EOD Report. The proposed end-of-month report
(``EOM Report'') to be included in the US Equity Short Volume & Trades
Report will be a new report that provides a record of all short sale
transactions for the month, including trade date and time (in
microseconds),\11\ trade size,\12\ trade price,\13\ and type of short
sale execution,\14\ by symbol and exchange.\15\ The US Equity Short
Volume & Trades Report will be available for purchase to both BZX
Members (``Members'') \16\ as well as non-Members.\17\
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\6\ ``Trade date'' is the date of trading activity in yyyy-mm-dd
format.
\7\ ``Total volume'' is the total number of shares transacted.
\8\ ``Short volume'' is the total number of shares sold short.
\9\ ``Short exempt volume'' is the total number of shares sold
short classified as exempt.
\10\ ``Symbol'' refers to the Cboe formatted symbol in which the
trading activity occurred. See <a href="https://cdn.cboe.com/resources/membership/US_Symbology_Reference.pdf">https://cdn.cboe.com/resources/membership/US_Symbology_Reference.pdf</a>.
\11\ ``Trade date and time'' is the date and time of trading
activity in yyyy-mm-dd hh:mm:ss.000000 (microseconds) ET format.
\12\ ``Trade size'' is the number of shares transacted.
\13\ ``Trade price'' is the price at which shares were
transacted.
\14\ ``Short type'' is a data field that will indicate whether
the transaction was a short sale or short sale exempt transaction. A
short sale transaction is a transaction in which a seller sells a
security which the seller does not own, or the seller has borrowed
for its own account (see 17 CFR 242.200). A short sale exempt
transaction is a short sale transaction that is exempt from the
short sale price test restrictions of Regulation SHO Rule 201 (see
17 CFR 242.201(c)).
\15\ ``Exchange'' is the market identifier (Z = BZX, Y = BYX, X
= EDGX, A = EDGA).
\16\ See Rule 1.5(n) (``Member''). The term ``Member'' shall
mean any registered broker or dealer that has been admitted to
membership in the Exchange. A Member will have the status of a
``member'' of the Exchange as that term is defined in Section
3(a)(3) of the Act. Membership may be granted to a sole proprietor,
partnership, corporation, limited liability company or other
organization which is a registered broker or dealer pursuant to
Section 15 of the Act, and which has been approved by the Exchange.
\17\ The Exchange intends to submit a separate filing to
establish fees for the US Equity Short Volume & Trades Report.
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As discussed in the Exchange's previous filing to introduce the EOD
Report,\18\ the data fields included in the EOD Report are essentially
identical to the fields included by the New York Stock Exchange LLC
(``NYSE'') in their Daily Short Volume file \19\ and similar to the
fields provided by the NASDAQ Stock Market LLC (``Nasdaq'') in its
Daily Short Sale file.\20\ The data fields contained in the EOD Report
found within the proposed US Equity Short Volume & Trades Report are
identical to the data fields found in the existing Short Volume
Report.\21\ NYSE offers its Daily Short Volume file as one component of
its NYSE TAQ Group Short Sales & Short Volume product \22\ and Nasdaq
offers its Daily Short Sale file as one component of its Short Sale
Volume Reports.\23\ The Exchange is proposing to include its EOD Report
as one component of the US Equity Short Volume & Trades Report in the
same manner as NYSE and Nasdaq incorporate their daily short sale files
within a more robust data offering.
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\18\ Supra note 5.
\19\ See NYSE Daily Short Volume Client Specification, available
at: <a href="https://www.nyse.com/publicdocs/nyse/data/Daily_Short_Volume_Client_Spec_v1.3a.pdf">https://www.nyse.com/publicdocs/nyse/data/Daily_Short_Volume_Client_Spec_v1.3a.pdf</a>.
\20\ See Nasdaq OMX Daily and Monthly Short Sale File Format and
Specifications, available at: <a href="https://nasdaqtrader.com/content/technicalsupport/specifications/dataproducts/ShortSaleFileSpecifications.pdf">https://nasdaqtrader.com/content/technicalsupport/specifications/dataproducts/ShortSaleFileSpecifications.pdf</a>
\21\ Supra note 5.
\22\ See <a href="https://www.nyse.com/market-data/historical/taq-nyse-group-short-sales">https://www.nyse.com/market-data/historical/taq-nyse-group-short-sales</a>.
\23\ See <a href="https://nasdaqtrader.com/Trader.aspx?id=shortsale">https://nasdaqtrader.com/Trader.aspx?id=shortsale</a>.
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The Exchange notes that the data fields included in the EOM Report
are nearly identical to the fields included by NYSE in its Monthly
Short Sales file, except that the Exchange will not include two fields
that appear within the NYSE Monthly Short Sales file.\24\ Specifically,
the NYSE Monthly Short Sales file also includes date,\25\ time,\26\
size,\27\ price,\28\ type of short sale execution,\29\ market
center,\30\ and symbol.\31\ Additionally, the data fields included in
the EOM Report are nearly identical to the fields found in the Nasdaq
Monthly Short Sale File, except that the Exchange will not include two
fields that appear within the Nasdaq Monthly Short Sale File.\32\ Both
the
[[Page 24215]]
Exchange and Nasdaq include date,\33\ time,\34\ size,\35\ price,\36\
short sale execution type,\37\ market center,\38\ and symbol.\39\ The
Exchange notes that the only difference between its proposed EOM Report
and the corresponding NYSE and Nasdaq monthly files is that the
Exchange will not include a linked indicator \40\ field or short size
\41\ field in its EOM Report. As the Exchange does not currently offer
a linked indicator field, it will not include this field within the EOM
Report. Additionally, the Exchange will not include a short size field
in its EOM Report because the size shown in the trade size field
included in the Exchange's EOM Report will be the number of shares in
the transaction that executed with a sell short or sell short exempt
marking.\42\
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\24\ See NYSE Monthly Short Sales Client Specification,
available at: <a href="https://www.nyse.com/publicdocs/nyse/data/Monthly_Short_Sales_Client_Spec_v1.3a.pdf">https://www.nyse.com/publicdocs/nyse/data/Monthly_Short_Sales_Client_Spec_v1.3a.pdf</a>. The NYSE Monthly Short
Sales file includes trade date and time, size, price, type of short
sale execution, market center, and symbol. Unlike the NYSE file, the
US Equity Short Volume & Trades Report will not include the linked
indicator or short size fields. The Exchange does not currently
offer a linked indicator tied to short sale executions and the size
field found within the US Equity Short Volume & Trades Report will
provide the size of the short sale execution.
\25\ NYSE ``Date'' is the trade date of the short sale
transaction in YYYYMMDD format.
\26\ NYSE ``Time'' is the time of the short sale transaction in
microsecond (HH:MM:SSnnnnnn) format.
\27\ NYSE ``Size'' is the size of the trade in shares.
\28\ NYSE ``Price'' is the price of the trade.
\29\ NYSE ``Short Type'' is a data field that will indicate
whether the transaction was a short sale or short sale exempt
transaction (E = Short Sale Exempt execution, S = Short not exempt).
\30\ NYSE ``Market center'' is the market identifier (A = NYSE
American, N = NYSE, P = NYSE Arca, C = NYSE National, M = NYSE
Chicago).
\31\ NYSE ``Symbol'' refers to the NYSE formatted symbol in
which the trading activity occurred. See <a href="https://www.nyse.com/publicdocs/nyse/data/NYSE__Spec_v1.0c.pdf">https://www.nyse.com/publicdocs/nyse/data/NYSE__Spec_v1.0c.pdf</a>.
\32\ See NASDAQ OMX Daily and Monthly Short Sale File Format and
Specification, available at: <a href="https://nasdaqtrader.com/content/technicalsupport/specifications//ShortSaleFileSpecifications.pdf">https://nasdaqtrader.com/content/technicalsupport/specifications//ShortSaleFileSpecifications.pdf</a>.
The Nasdaq Monthly Short Sale File includes trade date and time,
size, price, type of short sale execution, market center, and ticker
symbol. Unlike the Nasdaq file, the US Equity Short Volume & Trades
Report will not include the link indicator or short size fields. The
Exchange does not currently offer a link indicator tied to short
sale executions and the size field found within the US Equity Short
Volume & Trades Report will provide the size of the short sale
transaction.
\33\ Nasdaq ``Date'' is the date that the trade was reported to
the tape in YYYYMMDD format.
\34\ Nasdaq ``Time'' is the time of the trade in HH:MM:SS
format.
\35\ Nasdaq ``Size'' is the number of shares in the transaction
in mixed or round lot as reported to the tape.
\36\ Nasdaq ``Price'' is the price of the trade as reported to
the tape.
\37\ Nasdaq ``Short Type'' is a data field that will indicate
whether the transaction was a short sale or short sale exempt
transaction (E = Short Exempt, S = Short Not Exempt).
\38\ Nasdaq ``Market Center'' is the market identifier (Q =
NASDAQ, T = NASDAQ, B = Boston, X = PSX).
\39\ Nasdaq ``Ticker Symbol'' refers to the Nasdaq formatted
symbol in which the trading activity occurred.
\40\ NYSE defines ``LinkedIndicator'' as null for all unbundled
executions and the Auction Reference Trade ID for all bundled
executions. Nasdaq defines ``Link Indicator'' as a market center
defined character variable used to flag records that will be
difficult to match to tape data ([blank] = matches tape, P =
multiple parts of a batch trade included in the short sale data, B =
the only part of a batch trade included in the short sale data, M
may represent multiple prints, A = ``As-Of'' trade).
\41\ NYSE defines ``ShortSize'' as the number of shares sold
short. Nasdaq defines ``Short Size'' as the number of shares in the
transaction that were designated for short sale.
\42\ The EOM Report will not distinguish between ``Short Size''
and ``Trade Size'' in that all transactions reflected in the EOM
Report will be marked sell short or sell short exempt. Supra note
14.
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Both the EOD Report and EOM Report will be included in the cost of
the US Equity Short Volume & Trades Report and will be available for
purchase by both Members and non-Members on an annual or monthly
subscription basis.\43\ Additionally, like NYSE, the Exchange will
offer historical reports containing both the end-of-day volume and end-
of-month trading activity.\44\ Historical reports will be available for
purchase dating back to January 2, 2015, and will include the same data
fields as the US Equity Short Volume & Trades Report.
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\43\ Supra note 17.
\44\ Supra note 22.
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The Exchange anticipates that a wide variety of market participants
will purchase the proposed US Equity Short Volume & Trades Report,
including, but not limited to, active equity trading firms and academic
institutions. For example, the Exchange notes that academic
institutions may utilize the US Equity Short Volume & Trades Report
data and as a result promote research and studies of the equities
industry to the benefit of all market participants. The Exchange
further believes the proposed US Equity Short Volume & Trades Report
may provide helpful trading information regarding investor sentiment
that may allow market participants to make more informed trading
decisions and may be used to create and test trading models and
analytical strategies and provide comprehensive insight into trading on
the Exchange. The proposal is a completely voluntary product, in that
the Exchange is not required by any rule or regulation to make this
data available and that potential subscribers may purchase it only if
they voluntarily choose to do so.
2. Statutory Basis
The Exchange 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.\45\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \46\ 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) \47\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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\45\ 15 U.S.C. 78f(b).
\46\ 15 U.S.C. 78f(b)(5).
\47\ Id.
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In adopting Regulation NMS, the Commission granted self-regulatory
organizations (``SROs'') and broker-dealers increased authority and
flexibility to offer new and unique market data to the public. It was
believed that this authority would expand the amount of data available
to consumers, and also spur innovation and competition for the
provision of market data. The Exchange believes that the proposed US
Equity Short Volume & Trades Report would further broaden the
availability of U.S. equity market data to investors consistent with
the principles of Regulation NMS. The proposal also promotes increased
transparency through the dissemination of short volume and short sale
execution data. The proposed rule change would benefit investors by
providing access to the US Equity Short Volume & Trades data, which may
promote better informed trading, as well as research and studies of the
equities industry.
Moreover, as noted above, both NYSE and Nasdaq offer data products
that contain both a daily and monthly short sale file. These products
provide data that is nearly identical to the offering proposed by the
Exchange. The proposed EOD Report that will be offered as one component
of the US Equity Short Volume & Trades Report is the Exchange's
existing Short Volume Report, which is substantially similar to the
NYSE and Nasdaq daily short volume product offerings. The proposed EOM
Report that will be offered as the second component of the US Equity
Short Volume & Trades Report will contain date, time, size, price,
short sale type, market center, and symbol, which is nearly identical
to the data fields found within the NYSE and Nasdaq monthly short
volume reports.\48\ As stated previously, the Exchange's EOM Report is
nearly identical to the NYSE and Nasdaq monthly reports in that the
Exchange will offer identical data fields except for a linked indicator
value and a short size value. Accordingly, the proposed US Equity Short
Volume & Trades Report does not provide a unique or novel data
offering, but rather offers data points consistent with other data
products already available and utilized by market participants today.
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\48\ Supra notes 24 and 32.
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange believe the proposed rule change does not impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Rather, the Exchange
believes that the proposal will promote fair competition among the
national securities exchanges by permitting the Exchange to offer a
data product that provides substantially the
[[Page 24216]]
same data offered by competing equities exchanges. The Exchange's
proposed US Equity Short Volume & Trades Report will contain both an
EOD Report and an EOM Report, both of which are substantially similar
to the competing NYSE and Nasdaq data product offerings, with the only
difference being that the Exchange will not include a linked indicator
field or short size field in its EOM Report.
Additionally, the Exchange believes the proposed rule change does
not impose any burden on intermarket competition that is not necessary
or appropriate in furtherance of the purposes of the Act. The US Equity
Short Volume & Trades Report will be available equally to Members and
non-Members. Market participants are not required to purchase the US
Equity Short Volume & Trades Report, and the Exchange is not required
to make the US Equity Short Volume & Trades Report available to
investors. Rather, the Exchange is voluntarily making the US Equity
Short Volume & Trades Report available, as requested by customers, and
market participants may choose to receive (and pay for) this data based
on their own business needs. Potential purchasers may request the data
at any time if they believe it to be valuable or may decline to
purchase such data. Given the above, the Exchange does not believe that
the proposed rule change will result in any burden on competition that
is not necessary or appropriate in furtherance of the purposes of the
Act.
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: (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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \49\ and Rule 19b-
4(f)(6) thereunder.\50\
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\49\ 15 U.S.C. 78s(b)(3)(A).
\50\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
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.
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A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\51\ 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. The Exchange states
that waiver of the operative delay will permit the Exchange to
immediately make the US Equity Short Volume & Trades Report available
to subscribers as an alternative to the competing products offered by
NYSE and Nasdaq. The Commission believes that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest because the proposed rule change does not raise any new
or novel issues. Accordingly, the Commission hereby waives the
operative delay and designates the proposal operative upon filing.\52\
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\51\ 17 CFR 240.19b-4(f)(6)(iii).
\52\ For purposes only of waiving the 30-day operative delay,
the Commission has also 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 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:
Electronic Comments
<bullet> Use the Commission's internet comment form (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#146661787139777b7979717a6067546771773a737b62"><span class="__cf_email__" data-cfemail="6210170e074f010d0f0f070c1611221107014c050d14">[email protected]</span></a>. Please include
File Number SR-CboeBYX-2023-006.
Paper Comments
<bullet> 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-2023-006. 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 (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>).
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. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeBYX-2023-006, and should be
submitted on or before May 10, 2023.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\53\
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\53\ 17 CFR 200.30-3(a)(12), (59).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-08221 Filed 4-18-23; 8:45 am]
BILLING CODE 8011-01-P
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