Notice2024-16147
Joint Industry Plan; Notice of Designation of a Longer Period for Commission Action on the Twenty-Third Amendment to the National Market System Plan To Address Extraordinary Market Volatility
Primary source
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Published
July 23, 2024
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 89 Issue 141 (Tuesday, July 23, 2024)</title>
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[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Notices]
[Pages 59778-59779]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16147]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-100556; File No. 4-631]
Joint Industry Plan; Notice of Designation of a Longer Period for
Commission Action on the Twenty-Third Amendment to the National Market
System Plan To Address Extraordinary Market Volatility
July 18, 2024.
On October 24, 2023, NYSE Group, Inc., on behalf of the
Participants \1\ to the National Market System Plan to Address
Extraordinary Market Volatility (``Plan''), filed with the Securities
and Exchange Commission (``Commission''), pursuant to section 11A(a)(3)
of the Securities Exchange Act of 1934 \2\ and Rule 608 of Regulation
National Market System (``Regulation NMS'') thereunder,\3\ a proposal
(``Proposed Amendment'') to amend the Plan. The Proposed Amendment was
published for comment in the Federal Register on November 21, 2023.\4\
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\1\ The Participants are: Cboe BYX Exchange, Inc., Cboe BZX
Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc.,
the Financial Industry Regulatory Authority, Inc., Investors
Exchange LLC, Long-Term Stock Exchange, Inc., MEMX LLC, MIAX Pearl,
LLC, NASDAQ BX, Inc., NASDAQ PHLX LLC, The NASDAQ Stock Market LLC,
New York Stock Exchange LLC, NYSE American LLC, NYSE Arca, Inc.,
NYSE Chicago, Inc., and NYSE National, Inc. (collectively,
``Participants'').
\2\ 15 U.S.C. 78k-1(a)(3).
\3\ 17 CFR 242.608.
\4\ See Securities Exchange Act Release No. 98928 (Nov. 14,
2023), 88 FR 81131 (``Notice''). Comments received in response to
the Notice can be found on the Commission's website at: <a href="https://www.sec.gov/comments/4-631/4-631.htm">https://www.sec.gov/comments/4-631/4-631.htm</a>.
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On February 15, 2024, the Commission instituted proceedings
pursuant to Rule 608(b)(2)(i) of Regulation NMS,\5\ to determine
whether to approve or disapprove the Proposed Amendment or to approve
the Proposed Amendment with any changes or subject to any conditions
the Commission deems necessary or appropriate.\6\ On May 14, 2024,
pursuant to Rule 608(b)(2)(i) of Regulation NMS,\7\ the Commission
extended the period within which to conclude proceedings regarding the
Proposed Amendment to 240 days from the date of publication of the
Notice.\8\ On June 17, 2024, the Participants submitted a letter with
additional information in support of the Proposed Amendment.\9\
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\5\ 17 CFR 242.608(b)(2)(i).
\6\ See Securities Exchange Act Release No. 99545 (Feb. 15,
2024), 89 FR 13389 (Feb. 22, 2024) (``OIP''). Comments received in
response to the OIP can be found on the Commission's website at:
<a href="https://www.sec.gov/comments/4-631/4-631.htm">https://www.sec.gov/comments/4-631/4-631.htm</a>.
\7\ 17 CFR 242.608(b)(2)(i).
\8\ See Securities Exchange Act Release No. 100127 (May 14,
2024), 89 FR 43969 (May 20, 2024).
\9\ See Letter from Robert Books, Chair, Operating Committee of
the Plan (June 17, 2024) (available on the Commission's website at:
<a href="https://www.sec.gov/comments/4-631/4631-483191-1382294.pdf">https://www.sec.gov/comments/4-631/4631-483191-1382294.pdf</a>).
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Rule 608(b)(2)(ii) of Regulation NMS provides that the time for
conclusion of proceedings to determine whether a national market system
plan or proposed amendment should be disapproved may be extended for an
additional period up to 60 days (up to 300 days from the date of notice
publication) if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination or the
plan
[[Page 59779]]
participants consent to the longer period.\10\ The 240th day after
publication of the Notice for the Proposed Amendment is July 18, 2024.
The Commission is extending this 240-day period.
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\10\ 17 CFR 242.608(b)(2)(ii).
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The Commission finds that it is appropriate to designate a longer
period within which to conclude proceedings regarding the Proposed
Amendment so that it has sufficient time to consider the Proposed
Amendment and the comments received.\11\ Accordingly, pursuant to Rule
608(b)(2)(ii) of Regulation NMS,\12\ the Commission designates
September 16, 2024, as the date by which the Commission shall conclude
the proceedings to determine whether to approve or disapprove the
Proposed Amendment or to approve the Proposed Amendment with any
changes or subject to any conditions the Commission deems necessary or
appropriate (File No. 4-631).
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\11\ See supra note 9 and accompanying text.
\12\ 17 CFR 242.608(b)(2)(ii).
By the Commission.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2024-16147 Filed 7-22-24; 8:45 am]
BILLING CODE 8011-01-P
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