[Federal Register Volume 89, Number 18 (Friday, January 26, 2024)]
[Notices]
[Page 5273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01509]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99407; File No. SR-EMERALD-2023-13]


Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of 
Withdrawal of Proposed Rule Change To Increase Fees for the ToM Market 
Data Product and Establish Fees for the cToM Market Data Product

January 22, 2024.
    On June 7, 2023, MIAX Emerald, LLC (``MIAX Emerald'' 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 (File Number SR-EMERALD-2023-13) to increase fees 
for the MIAX Emerald Top of Market (``ToM'') market data product and 
establish fees for the MIAX Emerald Complex Top of Market (``cToM'') 
market data product. 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 June 26, 2023.\4\ On August 3, 2023, the Commission 
issued an order temporarily suspending the proposed rule change 
pursuant to section 19(b)(3)(C) of the Act \5\ and simultaneously 
instituting proceedings under section 19(b)(2)(B) of the Act \6\ to 
determine whether to approve or disapprove the proposed rule change.\7\ 
On December 20, 2023, pursuant to section 19(b)(2) of the Exchange 
Act,\8\ the Commission designated a longer period within which to issue 
an order approving or disapproving the proposed rule change.\9\ On 
January 17, 2024, the Exchange withdrew the proposed rule change (SR-
EMERALD-2023-13).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \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).
    \4\ See Securities Exchange Act Release No. 97767 (June 20, 
2023), 88 FR 41442 (``Notice'').
    \5\ 15 U.S.C. 78s(b)(3)(C).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 98051, 88 FR 53937 
(August 9, 2023) (``Order Instituting Proceedings'').
    \8\ 15 U.S.C. 78s(b)(2).
    \9\ See Securities Exchange Act Release No. 99209, 88 FR 89485 
(December 27, 2023). The Commission designated February 21, 2024, as 
the date by which the Commission shall approve or disapprove the 
proposed rule change.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-01509 Filed 1-25-24; 8:45 am]
BILLING CODE 8011-01-P