Document

Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Restore Former Rule 123D

Securities and Exchange Commission [Release No. 34-106700; File No. SR-NYSE-2026-49] October 20, 2026. Pursuant to Section 19(b)(1) [ 1 ] of the Securities Exchange Act of 1934 ...

Securities and Exchange Commission
  1. [Release No. 34-106700; File No. SR-NYSE-2026-49]
October 20, 2026.

Pursuant to Section 19(b)(1) [1] of the Securities Exchange Act of 1934 (“Act”) [2] and Rule 19b-4 thereunder,[3] notice is hereby given that on October 6, 2026, New York Stock Exchange LLC (“NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

The Exchange proposes to restore former Rule 123D to its rulebook and mark it “Reserved.” The proposed rule change is available on the Exchange's website at www.nyse.com and at the principal office of the Exchange.

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 self-regulatory organization 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 those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change

1. Purpose

New York Stock Exchange LLC (“NYSE” or the “Exchange”) proposes restore former Rule 123D to its rulebook and mark it “Reserved.”

In July 2025, the Exchange proposed to reorganize its trading halt rules into Rule 7.18 and to delete Rule 123D, where some trading halt rules had been located.[4] That filing proposed to delete Rule 123D in its entirety, completely removing any reference to it from the Exchange's rulebook. The Commission noticed the proposed rule change for immediate effectiveness, and the change became operative in August 2026 in a coordinated roll-out of trading halt changes with other equities exchanges.

For the sake of posterity, the Exchange now wishes to add former Rule 123D back into its rulebook and note that the rule is “Reserved.” In so doing, the Exchange would also add back the adoption and amendment history of Rule 123D, so that the history and legacy of the rule and its development is preserved in the rulebook.

The proposed change is non-substantive. The content of former Rule 123D would remain deleted; this filing ( printed page 66904) would only restore its title, the word “Reserved,” and its adoption and amendment history.

2. Statutory Basis

The Exchange believes that its proposal is consistent with the requirements of the Act and the rules and regulations thereunder that are applicable to a national securities exchange, and, in particular, with the requirements of Section 6(b) of the Act.[5] Specifically, the proposal is consistent with Section 6(b)(5) of the Act [6] because it would promote just and equitable principles of trade, remove impediments to, and perfect the mechanism of, a free and open market and a national market system, and, in general, protect investors and the public interest.

The Exchange believes the proposed rule change would protect investors and the public interest and perfect the mechanism of a free and open market and a national market system. Adding reference to former Rule 123D back into the rulebook as “Reserved” and restoring its adoption and amendment history would preserve the legacy of the rule and its development, thereby providing clarity and transparency for the Exchange and for market participants about the rule's history and evolution.

B. Self-Regulatory Organization's Statement on Burden on Competition

The Exchange believes the proposal is consistent with Section 6(b)(8) of the Act [7] in that it does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act as explained below. Rather than impacting competition, the proposed change would simply add back into the Exchange's rulebook the title “Rule 123D,” the word “Reserved,” and the former rule's adoption and amendment history.

C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

No written comments were solicited or received with respect to the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act [8] and Rule 19b-4(f)(6) thereunder.[9] Because the 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 prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder.

A proposed rule change filed under Rule 19b-4(f)(6) [10] normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b-4(f)(6)(iii),[11] 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 so that the proposal may become operative immediately upon filing with the Commission pursuant to Section 19(b)(3)(A) of the Act [12] and paragraph (f)(6) of Rule 19b-4 thereunder.[13] The Commission believes that it is consistent with the protection of investors and the public interest to waive the operative date of the proposal so that it becomes operative upon filing.[14] The Commission believes that the waiver would provide member organizations greater clarity about the recent changes to the Exchange's trading halt rules. In addition, the proposal does not present any unique or novel regulatory issues because it simply adds back into the Exchange's rulebook the title “Rule 123D,” the word “reserved,” and the “former rule's adoption and amendment history.” For this reason, the Commission hereby waives the 30-day operative period and designates the proposal operative upon filing.

At any time within 60 days of the filing of such 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 shall institute proceedings under Section 19(b)(2)(B) [15] of the Act 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

Paper Comments

  • 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-NYSE-2026-49. 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 ( www.sec.gov/​rules/​sro.shtml). Copies of the filing will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-NYSE-2026-49 and should be submitted on or before November 13, 2026.

For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.[16]

Sherry R. Haywood,

Assistant Secretary.

Footnotes

4.   See Securities Exchange Act Release No. 103356 (June 30, 2025), 90 FR 29600 (July 3, 2025) (SR-NYSE-2025-21).

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9.  17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange's 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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14.  For purposes of waiving the operative date of the proposed rule, Commission notes that it has also considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).

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[FR Doc. 2026-21652 Filed 10-22-26; 8:45 am]

BILLING CODE 8011-01-P

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Use this for formal legal and research references to the published document.

91 FR 66903

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“Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Restore Former Rule 123D,” thefederalregister.org (October 23, 2026), https://thefederalregister.org/documents/2026-21652/self-regulatory-organizations-new-york-stock-exchange-llc-notice-of-filing-and-immediate-effectiveness-of-proposed-rule-.