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

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”), and Rule 19b–4 thereunder, 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. The proposed rule change was published for comment in the Federal Register on June 26, 2023. 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 and simultaneously instituting proceedings under section 19(b)(2)(B) of the Act to determine whether to approve or disapprove the proposed rule change. On December 20, 2023, pursuant to section 19(b)(2) of the Exchange Act, the Commission designated a longer period within which to issue an order approving or disapproving the proposed rule change. On January 17, 2024, the Exchange withdrew the proposed rule change (SR–EMERALD–2023–13).