8011-01p
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-100467; File No. SR-CboeBYX-2023-020]
Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Designation of a
Longer Period for Commission Action on Proceedings to Determine Whether to Approve
or Disapprove a Proposed Rule Change, as Modified by Amendment No. 1, to Modify Rule
11.24 to Introduce an Enhanced RPI Order and Expand Its Retail Price Improvement
Program to Include Securities Priced Below $1.00
July 9, 2024.
On December 27, 2023, Cboe BYX Exchange, Inc. (“BYX” or the “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 modify Rule 11.24 to introduce an Enhanced RPI Order and expand its Retail Price
Improvement program to include securities priced below $1.00. The proposed rule change was
published for comment in the Federal Register on January 17, 2024.3 On February 27, 2024,
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 March 6, 2024,
the Exchange submitted Amendment No. 1 to the proposed rule change, which replaced and

15 U.S.C. 78s(b)(1).

17 CFR 240.19b-4.

See Securities Exchange Act Release No. 99311 (Jan. 10, 2024), 89 FR 2993 (“Notice”). To date, the
Commission has received no comments on the proposed rule change. Comments received on the proposed
rule change are available at: https://www.sec.gov/comments/sr-cboebyx-2023-020/srcboebyx2023020.htm.

15 U.S.C. 78s(b)(2).

See Securities Exchange Act Release No. 99610, 89 FR 15621 (Mar. 4, 2024). The Commission designated
April 16, 2024 as the date by which the Commission shall approve or disapprove, or institute proceedings
to determine whether to disapprove, the proposed rule change.

superseded the proposed rule change as originally filed.6 On April 16, 2024, the Commission
published notice of Amendment No. 1 and instituted proceedings under Section 19(b)(2)(B) of
the Act7 to determine whether to approve or disapprove the proposed rule change, as modified by
Amendment No. 1.8
Section 19(b)(2) of the Act9 provides that, after initiating proceedings, the Commission
shall issue an order approving or disapproving the proposed rule change not later than 180 days
after the date of publication of the Notice of filing of the proposed rule change. The Commission
may extend the period for issuing an order approving or disapproving the proposed rule change,
however, by not more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The proposed rule change was
published for comment in the Federal Register on January 17, 2024.10 The 180th day after
publication of the Notice is July 15, 2024. The Commission is extending the time period for
approving or disapproving the proposed rule change for an additional 60 days.
The Commission finds that it is appropriate to designate a longer period within which to
issue an order approving or disapproving the proposed rule change so that it has sufficient time
to consider the proposed rule change and the issues raised therein. Accordingly, the Commission,
pursuant to Section 19(b)(2) of the Act,11 designates September 13, 2024, as the date by which
the Commission shall either approve or disapprove the proposed rule change, as modified by
Amendment No. 1 (File No. SR-CboeBYX-2023-020).

In Amendment No. 1, the Exchange amended the proposed rule change to provide additional examples,
justification and support for its proposal and made certain changes to the proposed rule text. The full text of
Amendment No. 1 is available on the Commission’s website at: https://www.sec.gov/comments/srcboebyx-2023-020/srcboebyx2023020-442119-1127142.pdf.

15 U.S.C. 78s(b)(2)(B).

See Securities Exchange Act Release No. 99965 (Apr. 16, 2024), 89 FR 29389 (Apr. 22, 2024).

15 U.S.C. 78s(b)(2).

See supra note 3.

15 U.S.C. 78s(b)(2).

For the Commission, by the Division of Trading and Markets, pursuant to delegated
authority.12
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2024-15398 Filed: 7/12/2024 8:45 am; Publication Date: 7/15/2024]

17 CFR 200.30-3(a)(57).