[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Notices]
[Page 89485]
[FR Doc No: 2023-28452]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99209; File No. SR-EMERALD-2023-13]

Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Designation of Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove Proposed Rule Change To
Increase Fees for the ToM Market Data Product and Establish Fees for
the cToM Market Data Product

December 20, 2023.
    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\
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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'').
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    Section 19(b)(2) of the Act \8\ provides that, after initiating
proceedings, the Commission shall issue an order approving or
disapproving the proposed rule change not later than 180 days after the
date of publication of notice of filing of the proposed rule change.
The Commission may extend the period for issuing an order approving or
disapproving the proposed rule change, however, by not more than 60
days if the Commission determines that a longer period is appropriate
and publishes the reasons for such determination. The proposed rule
change was published for notice and comment in the Federal Register on
June 26, 2023.\9\ December 23, 2023 is 180 days from that date, and
February 21, 2024 is 240 days from that date.
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    \8\ 15 U.S.C. 78s(b)(2).
    \9\ See Notice, supra note 4.
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    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change. Accordingly, the Commission, pursuant to Section 19(b)(2)
of the Act,\10\ designates February 21, 2024 as the date by which the
Commission shall either approve or disapprove the proposed rule change
(File No. SR-EMERALD-2023-13).
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    \10\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(57).
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Christina Z. Milnor,
Assistant Secretary.
[FR Doc. 2023-28452 Filed 12-26-23; 8:45 am]
BILLING CODE 8011-01-P