Notice2023-22032
Self-Regulatory Organizations; MIAX Emerald, LLC; Suspension of and Order Instituting Proceedings To Determine Whether To Approve or Disapprove Proposed Rule Change To Amend the Fee Schedule To Modify Certain Connectivity and Port Fees
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 4, 2023
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 88 Issue 191 (Wednesday, October 4, 2023)</title>
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[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68680-68684]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22032]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-98656; File No. SR-EMERALD-2023-19]
Self-Regulatory Organizations; MIAX Emerald, LLC; Suspension of
and Order Instituting Proceedings To Determine Whether To Approve or
Disapprove Proposed Rule Change To Amend the Fee Schedule To Modify
Certain Connectivity and Port Fees
September 29, 2023.
I. Introduction
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 (File No. SR-EMERALD-2023-19) 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\ Pursuant to
Section 19(b)(3)(C) of the Act,\5\ the Commission is hereby: (1)
temporarily suspending the proposed rule change; and (2) instituting
proceedings to determine whether to approve or disapprove the proposed
rule change.
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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. 98176 (August 21,
2023), 88 FR 58342 (SR-EMERALD-2023-19) (``Notice''). Comment on the
proposed rule change can be found at: <a href="https://www.sec.gov/comments/sr-emerald-2023-19/sremerald202319.htm">https://www.sec.gov/comments/sr-emerald-2023-19/sremerald202319.htm</a>.
\5\ 15 U.S.C. 78s(b)(3)(C).
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II. Background and Description of the Proposed Rule Change
As described in more detail in the Notice, the Exchange proposes
to: (1) increase fees for a 10 gigabit (``Gb'') ultra-low latency
(``ULL'') fiber
[[Page 68681]]
connection for Members \6\ and non-Members from $10,000 to $13,500 per
month; \7\ and (2) increase fees for Limited Service MIAX Emerald
Express Interface \8\ (``MEI'') Ports available to Market Makers \9\
through implementing a tiered-pricing structure.\10\
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\6\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
\7\ See Notice, supra note 4, at 58346.
\8\ The MIAX Emerald Express Interface (``MEI'') is a connection
to the MIAX Emerald System that enables Market Makers to submit
simple and complex electronic quotes to MIAX Emerald. See the
Definitions Section of the Fee Schedule.
\9\ The term ``Market Makers'' refers to Lead Market Makers
(``LMMs''), Primary Lead Market Makers (``PLMMs''), and Registered
Market Makers (``RMMs'') collectively. See the Definitions Section
of the Fee Schedule and Exchange Rule 100. For purposes of Limit
Service MEI Ports, Market Makers also include firms that engage in
other types of liquidity activity, such as seeking to remove resting
liquidity from the Exchange's Book. The Exchange states that the
Limited Service MEI Ports provide Market Makers with the ability to
send simple and complex eQuotes and quote purge messages only, but
not Market Maker Quotes, to the MIAX Emerald System. Limited Service
MEI Ports are also capable of receiving administrative information.
See Notice, supra note 4, at 58346, n.57.
\10\ See Notice, supra note 4, 58342. The Exchange initially
filed the proposed fee change (SR-EMERALD-2022-38) on December 30,
2022, with an effective date of January 1, 2023, and, on January 9,
2023, the Exchange withdrew SR-EMERALD-2022-38 and resubmitted this
proposal as SR-EMERALD-2023-01. See Securities Exchange Act Release
No. 96628 (January 10, 2023), 88 FR 2651 (January 17, 2023). That
filing was withdrawn by the Exchange and the Exchange filed a new
proposed fee change with additional justification (SR-EMERALD-2023-
05) on February 23, 2023. See Securities Exchange Act Release No.
97079 (March 8, 2023), 88 FR 15764 (March 14, 2023). The Exchange
subsequently withdrew that filing and replaced it with SR-EMERALD-
2023-12 on April 20, 2023. See Securities Exchange Act Release No.
97422 (May 2, 2023), 88 FR 29750 (May 8, 2023). The Exchange
subsequently withdrew that filing and replaced it with SR-EMERALD-
2023-14 on June 16, 2023. See Securities Exchange Act Release No.
97813 (June 27, 2023), 88 FR 42785 (July 3, 2023). The Exchange
subsequently withdrew that filing and replaced it with the instant
filing to provide additional information and a revised justification
for the proposal, which is discussed herein. See Notice, supra note
4, at 58342.
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With respect to Limited Service MEI Ports, the Exchange will
continue to provide two Limited Service MEI Ports for each matching
engine \11\ to which a Market Maker connects free of charge.\12\ Prior
to the proposed fee change, Market Makers were assessed a $100 monthly
fee for each additional Limited Service MEI Port for each matching
engine above the first two Limited Service MEI Ports that were included
for free.\13\ Now, the Exchange proposes to establish a tiered-pricing
structure for the Limited Service MEI Ports pursuant to which: (i) the
third and fourth Limited Service MEI Ports for each matching engine
will increase to $200 a month per port; (ii) the fifth and sixth
Limited Service MEI Ports for each matching engine will increase to
$300 a month per port; and (iii) the seventh or more Limited Service
MEI Ports will increase to $400 a month per port.\14\ Market Makers are
limited to twelve additional Limited Service MEI Ports per matching
engine, for a total of fourteen Limited Service MEI Ports per matching
engine.\15\
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\11\ The term ``Matching Engine'' means a part of the MIAX
Emerald electronic system that processes options orders and trades
on a symbol-by-symbol basis. Some Matching Engines will process
option classes with multiple root symbols, and other Matching
Engines may be dedicated to one single option root symbol (for
example, options on SPY may be processed by one single Matching
Engine that is dedicated only to SPY). A particular root symbol may
only be assigned to a single designated Matching Engine. A
particular root symbol may not be assigned to multiple Matching
Engines. See Notice, supra note 4, at 58346 (citing Definitions
Section of the Fee Schedule).
\12\ See Notice, supra note 4, at 58346.
\13\ See id.
\14\ See id.
\15\ See Exchange Fee Schedule Section 5(d)(ii).
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III. Suspension of the Proposed Rule Change
Pursuant to Section 19(b)(3)(C) of the Act,\16\ at any time within
60 days of the date of filing of an immediately effective proposed rule
change pursuant to Section 19(b)(1) of the Act,\17\ the Commission
summarily may temporarily suspend the change in the rules of a self-
regulatory organization (``SRO'') 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. The Commission believes a temporary suspension of the proposed
rule change is necessary and appropriate to allow for additional
analysis of the proposed rule change's consistency with the Act and the
rules thereunder.
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\16\ 15 U.S.C. 78s(b)(3)(C).
\17\ 15 U.S.C. 78s(b)(1).
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In support of the proposal, the Exchange states its belief that the
proposed fees overall are reasonable because they promote parity among
exchange pricing for access, which promotes competition, while allowing
the Exchange to recover its costs to provide dedicated access via 10Gb
ULL connectivity and Limited Service MEI Ports.\18\ The Exchange
further states that the proposed fees are fair and reasonable because
they will not result in pricing that deviates from that of other
exchanges or a ``supra-competitive profit,'' when comparing the total
expense of the Exchange associated with providing 10Gb ULL connectivity
and Limited Service MEI Port services versus the total projected
revenue of the Exchange associated with these services.\19\ According
to the Exchange, employing a methodology that is the ``result of an
extensive review and analysis,'' it estimates the total projected
annual cost of providing 10Gb ULL connectivity to be $11,361,586 and
for providing Limited Service MEI Ports to be $1,779,066.\20\
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\18\ See Notice, supra note 4, at 58348.
\19\ See id. at 58359-60.
\20\ See id. at 58352-53, 58356. The Exchange states that its
cost analysis is based on the Exchange's 2023 fiscal year of
operations and projections. See id. at 58359.
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To arrive at these figures, the Exchange states that it undertook
an extensive cost analysis to analyze every expense in the Exchange's
general expense ledger to determine whether each such expense related
to the provision of connectivity and port services, and, if such
expense did so relate, what portion (or percentage) of such expense
supported the provision of connectivity and port services.\21\ The
Exchange states that it determined the total cost for the Exchange and
its affiliated markets for each cost driver \22\ through a company-wide
process that included discussions with senior management, Exchange
department heads, and the Finance Team.\23\ The Exchange further states
that it determined what portion of the cost allocated to the Exchange
pursuant to this methodology is to be allocated to each core service,
including the appropriate allocation to connectivity and ports.\24\ The
Exchange states that through this allocation methodology, the Exchange
``applied an allocation of each cost driver to each core service'' and
``[e]ach of the [resulting] cost allocations is unique to the Exchange
[[Page 68682]]
and represents a percentage of overall cost that was allocation to the
Exchange pursuant to the initial allocation.'' \25\
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\21\ See id. at 58352.
\22\ The Exchange defines ``cost drivers'' within the filing as
the costs necessary to deliver each of the core services, including
infrastructure, software, human resources (i.e., personnel), and
certain general and administrative expenses. See Notice, supra note
4, at 58351.
\23\ See Notice, supra note 4, at 58351-52. The Exchange states
that because the Exchange's parent company currently owns and
operates four separate and distinct marketplaces, the Exchange's
parent company determines an accurate cost for each marketplace,
which results in different allocations and amounts across exchanges
for the same cost drivers. See id. at 58352. According to the
Exchange, its allocation methodology ensures that no cost would be
allocated twice or double-counted between the Exchange and its
affiliated markets. See id.
\24\ See id. The Exchange describes ``core services'' as
services provided by the Exchange, including transaction execution,
market data, membership services, physical connectivity, and port
access (which provides order entry, cancellation and modification
functionality, risk functionality, the ability to receive drop
copies, and other functionality). See id. at 58351.
\25\ Id. at 58352.
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The Exchange states that the $11,361,586 aggregate annual costs for
providing physical dedicated 10Gb ULL connectivity via an unshared
network is the sum of the following individual line-item costs: (1)
Human Resources at $3,520,856; (2) Connectivity (external fees,
cabling, switches, etc.) at $71,675; (3) Internet Services and External
Market Data at $373,249; (4) Data Center at $752,545; (5) Hardware and
Software Maintenance and Licenses at $666,208; (6) Depreciation at
$1,929,118; and (7) Allocated Shared Expenses at $4,407,935.\26\ The
Exchange represents that it estimates that the proposed fees will
result in an annual revenue of approximately $16,524,000, which is a
potential profit margin of 31% over the cost of providing 10Gb ULL
connectivity services.\27\
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\26\ See id. at 58353.
\27\ See id. at 58359.
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The Exchange states that the $1,779,066 aggregate annual costs for
offering Limited Service MEI Ports is the sum of the following
individual line-item costs: (1) Human Resources at $737,784; (2)
Connectivity (external fees, cabling, switches, etc.) at $3,713; (3)
Internet Services and External Market Data at $14,102; (4) Data Center
at $55,686; (5) Hardware and Software Maintenance and Licenses at
$41,951; (6) Depreciation at $112,694; and (7) Allocated Shared
Expenses at $813,136.\28\ The Exchange represents that it estimates
that the proposed fees will result in an annual revenue of
approximately $2,809,200, which is a potential profit margin of 37%
over the cost of providing Limited Service MEI Ports.\29\
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\28\ See id. at 58356.
\29\ See Notice, supra note 4, at 58359.
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The Exchange states its belief that the proposed fees are
reasonable because they allow the Exchange to ``recoup the Exchange's
costs of providing dedicated 10Gb ULL connectivity and Limited Service
MEI Ports'' and that the cost analysis and related projections
demonstrate that the Exchange is not earning ``supra-competitive
profits.'' \30\ In addition, the Exchange states that the proposed fees
are comparable to or lower than the fees charged by competing options
exchanges for similar products.\31\
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\30\ Id. at 58360.
\31\ See id.
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In further support of the proposal, the Exchange states its belief
that the proposed fees are reasonable, fair, equitable, and not
unfairly discriminatory, because they are designed to align fees with
services provided and will apply equally to all subscribers.\32\
Moreover, the Exchange asserts that the proposed fees are equitably
allocated among users of the network connectivity and port
alternatives, as the ``users of 10Gb ULL connections consume
substantially more bandwidth and network resources than the users of
1Gb ULL connection.'' \33\ The Exchange also states that with respect
to Limited Service MEI Ports, the tiered-pricing structure is
``explicitly designed to link fees to related costs imposed on the
[E]xchange'' and that ``Market Makers that purchase more connections
cause significantly greater costs and expenses to the Exchange.'' \34\
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\32\ See id. at 58361.
\33\ Id.
\34\ Id.
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Finally, the Exchange asserts that the proposed fees would not
cause any unnecessary or inappropriate burden on inter-market
competition because if the fee is set too high it would make it easier
for other exchanges to compete with the Exchange, and only if the
proposed fees were a ``substantial fee decrease could this be
considered a form of predatory pricing.'' \35\ The Exchange also
asserts that the proposed rule change would not cause any unnecessary
or inappropriate burden on intra-market competition because the
proposed fees will allow the Exchange to recoup some of its costs in
providing 10Gb ULL connectivity and Limited Service MEI Ports at below
market rates since the Exchange launched operations.\36\
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\35\ Id. at 58363.
\36\ See id. at 58362.
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To date, the Commission has received one comment letter on the
revised justifications for the proposed increase in fees for 10Gb ULL
connectivity and Limited Service MEI Ports.\37\ This commenter states
that the revisions reflected in the Exchange's instant proposal as
compared to its earlier filings ``do[ ] not fundamentally redress the
valid critiques that SIG raised in its prior letters objecting to the
subject fee increases.'' \38\
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\37\ See Letter from Gerald D. O'Connell, Executive Director,
Susquehanna International Group, LLP, to Vanessa Countryman,
Secretary, Commission, dated September 18, 2023 (``SIG Letter'').
\38\ Id.
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When exchanges file their proposed rule changes with the
Commission, including fee filings like the Exchange's present proposal,
they are required to provide a statement supporting the proposal's
basis under the Act and the rules and regulations thereunder applicable
to the exchange.\39\ The instructions to Form 19b-4, on which exchanges
file their proposed rule changes, specify that such statement ``should
be sufficiently detailed and specific to support a finding that the
proposed rule change is consistent with [those] requirements.'' \40\
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\39\ See 17 CFR 240.19b-4 (Item 3 entitled ``Self-Regulatory
Organization's Statement of the Purpose of, and Statutory Basis for,
the Proposed Rule Change'').
\40\ See id.
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Section 6 of the Act, including Sections 6(b)(4), (5), and (8),
require the rules of an exchange to: (1) provide for the equitable
allocation of reasonable fees among members, issuers, and other persons
using the exchange's facilities; \41\ (2) perfect the mechanism of a
free and open market and a national market system, protect investors
and the public interest, and not be designed to permit unfair
discrimination between customers, issuers, brokers, or dealers; \42\
and (3) not impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.\43\
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\41\ 15 U.S.C. 78f(b)(4).
\42\ 15 U.S.C. 78f(b)(5).
\43\ 15 U.S.C. 78f(b)(8).
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In temporarily suspending the Exchange's proposed rule change, the
Commission intends to further consider whether the proposal to increase
fees for 10Gb ULL connectivity and adopt a tired-pricing structure for
Limited Service MEI Ports is consistent with the statutory requirements
applicable to a national securities exchange under the Act. In
particular, the Commission will consider whether the proposed rule
change satisfies the standards under the Act and the rules thereunder
requiring, among other things, that an exchange's rules provide for the
equitable allocation of reasonable fees among members, issuers, and
other persons using its facilities; not permit unfair discrimination
between customers, issuers, brokers or dealers; and do not impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.\44\
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\44\ See 15 U.S.C. 78f(b)(4), (5), and (8), respectively.
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Therefore, the Commission finds that it is appropriate in the
public interest, for the protection of investors, and otherwise in
furtherance of the purposes of the Act, to temporarily suspend the
proposed rule change.\45\
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\45\ For purposes of temporarily suspending the proposed rule
change, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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[[Page 68683]]
IV. Proceedings To Determine Whether To Approve or Disapprove the
Proposed Rule Change
In addition to temporarily suspending the proposal, the Commission
also hereby institutes proceedings pursuant to Sections 19(b)(3)(C)
\46\ and 19(b)(2)(B) of the Act \47\ to determine whether the
Exchange's proposed rule change should be approved or disapproved.
Institution of proceedings does not indicate that the Commission has
reached any conclusions with respect to any of the issues involved.
Rather, the Commission seeks and encourages interested persons to
provide additional comment on the proposed rule change to inform the
Commission's analysis of whether to approve or disapprove the proposed
rule change.
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\46\ 15 U.S.C. 78s(b)(3)(C). Once the Commission temporarily
suspends a proposed rule change, Section 19(b)(3)(C) of the Act
requires that the Commission institute proceedings under Section
19(b)(2)(B) to determine whether a proposed rule change should be
approved or disapproved.
\47\ 15 U.S.C. 78s(b)(2)(B).
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Pursuant to Section 19(b)(2)(B) of the Act,\48\ the Commission is
providing notice of the grounds for possible disapproval under
consideration:
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\48\ Id. Section 19(b)(2)(B) of the Act also provides that
proceedings to determine whether to disapprove a proposed rule
change must be concluded within 180 days of the date of publication
of notice of the filing of the proposed rule change. See id. The
time for conclusion of the proceedings may be extended for up to 60
days if the Commission finds good cause for such extension and
publishes its reasons for so finding, or if the exchange consents to
the longer period. See id.
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<bullet> Whether the Exchange has demonstrated how the proposed
fees are consistent with Section 6(b)(4) of the Act, which requires
that the rules of a national securities exchange ``provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using its facilities;'' \49\
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\49\ 15 U.S.C. 78f(b)(4).
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<bullet> Whether the Exchange has demonstrated how the proposed
fees are consistent with Section 6(b)(5) of the Act, which requires,
among other things, that the rules of a national securities exchange
not be ``designed to permit unfair discrimination between customers,
issuers, brokers, or dealers;'' \50\ and
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\50\ 15 U.S.C. 78f(b)(5).
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<bullet> Whether the Exchange has demonstrated how the proposed
fees are consistent with Section 6(b)(8) of the Act, which requires
that the rules of a national securities exchange ``not impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of [the Act].'' \51\
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\51\ 15 U.S.C. 78f(b)(8).
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As discussed in Section III above, the Exchange made various
arguments in support of its proposal. The Commission believes that
there are questions as to whether the Exchange has provided sufficient
information to demonstrate that the proposed fees are consistent with
the Act and the rules thereunder.
Under the Commission's Rules of Practice, the ``burden to
demonstrate that a proposed rule change is consistent with the [Act]
and the rules and regulations issued thereunder . . . is on the [SRO]
that proposed the rule change.'' \52\ The description of a proposed
rule change, its purpose and operation, its effect, and a legal
analysis of its consistency with applicable requirements must all be
sufficiently detailed and specific to support an affirmative Commission
finding,\53\ and any failure of an SRO to provide this information may
result in the Commission not having a sufficient basis to make an
affirmative finding that a proposed rule change is consistent with the
Act and the applicable rules and regulations.\54\
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\52\ 17 CFR 201.700(b)(3).
\53\ See id.
\54\ See id.
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The Commission is instituting proceedings to allow for additional
consideration and comment on the issues raised herein, including as to
whether the proposed fees are consistent with the Act, and
specifically, with its requirements that exchange fees be reasonable
and equitably allocated, not be unfairly discriminatory, and not impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.\55\
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\55\ See 15 U.S.C. 78f(b)(4), (5), and (8).
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V. Commission's Solicitation of Comments
The Commission requests written views, data, and arguments with
respect to the concerns identified above as well as any other relevant
concerns. Such comments should be submitted by October 25, 2023.
Rebuttal comments should be submitted by November 8, 2023. Although
there do not appear to be any issues relevant to approval or
disapproval that would be facilitated by an oral presentation of views,
data, and arguments, the Commission will consider, pursuant to Rule
19b-4, any request for an opportunity to make an oral presentation.\56\
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\56\ 15 U.S.C. 78s(b)(2). Section 19(b)(2) of the Act grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by an SRO. See Securities
Acts Amendments of 1975, Report of the Senate Committee on Banking,
Housing and Urban Affairs to Accompany S. 249, S. Rep. No. 75, 94th
Cong., 1st Sess. 30 (1975).
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The Commission asks that commenters address the sufficiency and
merit of the Exchange's statements in support of the proposal, in
addition to any other comments they may wish to submit about the
proposed rule change.
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
<bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#3341465f561e505c5e5e565d4740734056501d545c45"><span class="__cf_email__" data-cfemail="86f4f3eae3abe5e9ebebe3e8f2f5c6f5e3e5a8e1e9f0">[email protected]</span></a>. Please include
file number SR-EMERALD-2023-19 on the subject line.
Paper Comments
<bullet> 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-EMERALD-2023-19. 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 (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also 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
[[Page 68684]]
submissions should refer to file number SR-EMERALD-2023-19 and should
be submitted on or before October 25, 2023. Rebuttal comments should be
submitted by November 8, 2023.
VI. Conclusion
It is therefore ordered, pursuant to Section 19(b)(3)(C) of the
Act,\57\ that File No. SR-EMERALD-2023-19, be and hereby is,
temporarily suspended. In addition, the Commission is instituting
proceedings to determine whether the proposed rule change should be
approved or disapproved.
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\57\ 15 U.S.C. 78s(b)(3)(C).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\58\
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\58\ 17 CFR 200.30-3(a)(57).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-22032 Filed 10-3-23; 8:45 am]
BILLING CODE 8011-01-P
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