SUPPLEMENTARY INFORMATION:

Pursuant to 17 CFR 200.30-3, the Commission has delegated certain functions to the Director of the Division of Trading and Markets (“Director”) to be performed by the Director or under the Director's direction by such person or persons as may be designated from time to time by the Chairman of the Commission, including the authority to grant and deny exemptions from Rule 612. The Commission is amending 17 CFR 200.30-3(a)(83) to correct an outdated cross-reference to the subsection of Rule 612 that authorizes the Commission to grant exemptions from Rule 612. Currently, 17 CFR 200.30-3(a)(83) states that the Commission delegates to the Director the ability to “grant or deny exemptions from Rule 612 (17 CFR 242.612), pursuant to Rule 612(c) (17 CFR 242.612(c)).” On September 18, 2024, the Commission adopted Regulation NMS: Minimum Pricing Increments, Access Fees and Transparency of Better Priced Orders ^[1] which, among other things, renumbered Rule 612(c), which provided the Commission's authority to grant exemptions from Rule 612, as Rule 612(d) without making any substantive changes to such authority. This amendment makes a technical correction to 17 CFR 200.30-3(a)(83) to reflect that renumbering.

Statutory Authority

We are adopting this technical amendment under the authority set forth in sections 4A and 23(a) of the Securities Exchange Act of 1934.

Text of Amendments

For reasons set forth in the preamble, title 17, chapter II of the Code of Federal Regulations is amended as follows:

91 FR 2081