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###### Securities and Exchange Commission

          - [Release No. 34-94159; File No. SR-EMERALD-2021-42]

                    On December 1, 2021, MIAX Emerald, LLC (“MIAX Emerald” or “Exchange”) filed with the Securities and Exchange                           ( print page 7883)                        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 the Exchange's Fee Schedule to adopt a tiered pricing structure for certain connectivity 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 December 20, 2021.[4]                                          On January 27, 2022, the Commission temporarily suspended the proposed rule change and instituted proceedings under Section 19(b)(2)(B) of the Act [5]                                          to determine whether to approve or disapprove the proposed rule change.[6]                                          On Febraury 1, 2022, the Exchange withdrew the proposed rule change (SR-EMERALD-2021-42).                                    

                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.7

J. Matthew DeLesDernier,

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. 93776 (December 14, 2021), 86 FR 71983.                    
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5.                             15 U.S.C. 78s(b)(2)(B).                    
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6.                                                     *See*                         Securities Exchange Act Release No. 94089, 87 FR 5910 (February 2, 2022).                    
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7.                             17 CFR 200.30-3(a)(12).                    
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[FR Doc. 2022-02786 Filed 2-9-22; 8:45 am]

BILLING CODE 8011-01-P