[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18465-18466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05252]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99687; File No. SR-PHLX-2023-40]


Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of 
Withdrawal of a Proposed Rule Change, as Modified by Partial Amendment 
No. 1, To Amend Equity 4, Rules 3301A and 3301B To Establish New 
``Contra Midpoint Only'' and ``Contra Midpoint Only With Post-Only'' 
Order Types and To Make Other Corresponding Changes to the Rulebook

March 7, 2024.
    On August 28, 2023, Nasdaq PHLX LLC (``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 to amend Equity 4, 
Rules 3301A and 3301B to establish new ``Contra Midpoint Only'' and 
``Contra Midpoint Only with Post-Only'' order types and to make other 
corresponding changes to the rulebook. The proposed rule change was 
published for comment in the Federal Register on September 8, 2023.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 98280 (Sept. 1, 
2023), 88 FR 62129. Comments received by the Commission on the 
proposed rule change are available on the Commission's website at: 
https://www.sec.gov/comments/sr-phlx-2023-40/srphlx202340.htm.
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    On September 26, 2023, pursuant to section 19(b)(2) of the Act,\4\ 
the Commission designated a longer period within which to approve the 
proposed rule change, disapprove the proposed rule change, or institute 
proceedings to determine whether to disapprove the proposed rule 
change.\5\ On November 2, 2023, the Exchange filed Partial Amendment 
No. 1 to the proposed rule change.\6\ On December 5, 2023, the 
Commission published Partial Amendment No. 1 for notice and comment and 
instituted proceedings under section 19(b)(2)(B) of the Act \7\ to 
determine whether to approve or

[[Page 18466]]

disapprove the proposed rule change, as modified by Partial Amendment 
No. 1.\8\
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    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 98528, 88 FR 67846 
(Oct. 2, 2023). The Commission designated December 7, 2023, as the 
date by which the Commission shall approve or disapprove, or 
institute proceedings to determine whether to approve or disapprove, 
the proposed rule change.
    \6\ Amendment No. 1 is available at https://www.sec.gov/comments/sr-phlx-2023-40/srphlx202340-293100-713082.pdf.
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 99083, 88 FR 85964 
(Dec. 11, 2023).
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    On March 4, 2024, the Exchange withdrew the proposed rule change, 
as modified by Partial Amendment No. 1 (File No. SR-PHLX-2023-40).
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    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-05252 Filed 3-12-24; 8:45 am]
BILLING CODE 8011-01-P