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###### Securities and Exchange Commission

          - [Release No. 34-98691; File No. SR-EMERALD-2023-19]

                    On August 8, 2023, MIAX Emerald, LLC (“MIAX Emerald” or “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 certain connectivity and port fees.                

                    The proposed rule change was immediately effective upon filing with the Commission pursuant to section 19(b)(3)(A) of the Act.[3]                                          The proposed rule change was published for comment in the                     **Federal Register**                     on August 25, 2023.[4]                                          On September 29, 2023, pursuant to section 19(b)(3)(C) of the Act,[5]                                          the Commission: (1) temporarily suspended the proposed rule change; and (2) instituted proceedings under Section 19(b)(2)(B) of the Act [6]                                          to determine whether to approve or disapprove the proposed rule change.[7]                                          On October 2, 2023, the Exchange withdrew the proposed rule change (SR-EMERALD-2023-19).                                    

                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.8

Sherry R. Haywood,

Assistant Secretary.

# Footnotes

1.                             15 U.S.C. 78s(b)(1).                    
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2.                             17 CFR 240.19b-4.                    
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3.                             15 U.S.C. 78s(b)(3)(A). A proposed rule change may take effect upon filing with the Commission if it is designated by the exchange as “establishing or changing a due, fee, or other charge imposed by the self-regulatory organization on any person, whether or not the person is a member of the self-regulatory organization.” 15 U.S.C. 78s(b)(3)(A)(ii).                    
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4.                                                     *See*                         Securities Exchange Act Release No. 98176 (August 21, 2023), 88 FR 58342.                    
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5.                             15 U.S.C. 78s(b)(3)(C).                    
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6.                             15 U.S.C. 78s(b)(2)(B).                    
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7.                                                     *See*                         Securities Exchange Act Release No. 98656, 88 FR 68680 (October 4, 2023).                    
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8.                             17 CFR 200.30-3(a)(12).                    
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[FR Doc. 2023-22505 Filed 10-12-23; 8:45 am]

BILLING CODE 8011-01-P