Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 518, Complex Orders, 73364-73365 [2022-25950]
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73364
Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.107
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022–25948 Filed 11–28–22; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96378; File No. SR–
EMERALD–2022–31]
Self-Regulatory Organizations; MIAX
Emerald, LLC; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend Exchange
Rule 518, Complex Orders
November 22, 2022.
Pursuant to the provisions of Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 notice is hereby given that
on November 10, 2022, MIAX Emerald,
LLC (‘‘MIAX Emerald’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’) a
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Exchange Rule 518, Complex Orders.
The text of the proposed rule change
is available on the Exchange’s website at
https://www.miaxoptions.com/rulefilings/emerald, at MIAX Emerald’s
principal office, and at the
Commission’s Public Reference Room.
khammond on DSKJM1Z7X2PROD with NOTICES
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
107 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
VerDate Sep<11>2014
16:29 Nov 28, 2022
Jkt 259001
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
Exchange Rule 518, Complex Orders, to
adopt a new optional order instruction,
‘‘Do Not Leg (‘DNL’),’’ to paragraph (b),
Types of Complex Orders.
The Exchange currently offers its
Members 3 a number of complex order
types enumerated in paragraph (b) of
Rule 518. The Exchange offers a
Complex Auction-on-Arrival Order,4 a
Complex Auction-or-Cancel Order,5 a
Complex Immediate-or-Cancel Order,6 a
Complex Customer Cross Order,7 a
Complex Qualified Contingent Cross
Order,8 a Complex PRIME Order,9 a
Complex Attributable Order,10 and a
Complex Auction-on-Arrival-Only
Order.11
The Exchange now proposes to adopt
a new optional order instruction for
complex orders entitled, ‘‘Do Not Leg’’
or ‘‘DNL.’’ A complex order that is
marked with the DNL instruction will
not leg into the Simple Order Book.12
Additionally, a complex order that is
marked with the DNL instruction must
be executed at a price that complies
with Exchange Rule 518(c)(2)(ii). The
DNL order instruction will be available
for use with all complex order types
(excluding Complex Customer Cross
Orders, Complex Qualified Contingent
Cross Orders, and cPRIME Orders)
offered on the Exchange.
Complex Customer Cross Orders 13
and Complex Qualified Contingent
Cross Orders 14 are order types that
execute immediately upon entry
(provided that they satisfy certain
criteria) and would therefore not leg
into the Simple Order Book.
Specifically, Complex Customer Cross
(‘‘cC2C’’) Orders as defined in Rule
518(b)(5), are automatically executed
upon entry provided that the execution
is at least $0.01 better than (inside) the
3 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.
4 See Exchange Rule 518(b)(2).
5 See Exchange Rule 518(b)(3).
6 See Exchange Rule 518(b)(4).
7 See Exchange Rule 518(b)(5).
8 See Exchange Rule 518(b)(6).
9 See Exchange Rule 518(b)(7).
10 See Exchange Rule 518(b)(8).
11 See Exchange Rule 518(b)(9).
12 The ‘‘Simple Order Book’’ is the Exchange’s
regular electronic book of orders and quotes. See
Exchange Rule 518(a)(15).
13 See Exchange Rule 518(b)(5).
14 See Exchange Rule 518(b)(6).
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
icEBBO 15 (as defined in Rule
518(a)(12)) price or the best net price of
a complex order (as defined in Rule
518(a)(5)) on the Strategy Book 16 (as
defined in Rule 518(a)(17)), whichever
is more aggressive.17 Complex Qualified
Contingent Cross (‘‘cQCC’’) Orders, as
defined in Rule 518(b)(6), are
automatically executed upon entry
provided that, with respect to each
option leg of the cQCC Order, the
execution (i) is not at the same price as
a Priority Customer Order 18 on the
Exchange’s Book; 19 and (ii) is at or
between the NBBO.20
Additionally, the DNL instruction
will not be available for cPRIME Orders,
as cPRIME Orders are another type of a
crossing order. Specifically, a cPRIME
Order is a paired order with an
established minimum execution price
that must meet certain defined internal
criteria to be eligible to participate in a
cPRIME Auction.21 Specifically, the
initiating price for a cPRIME Agency
Order must be better than (inside) the
icEBBO for the strategy and any other
complex orders on the Strategy Book.
The System will reject cPRIME Agency
Orders submitted with an initiating
price that is equal to or worse than
(outside) the icEBBO or any other
complex orders on the Strategy Book.22
Currently, a cPRIME Auction has a
duration of 100 milliseconds.23
15 The Implied Complex MIAX Emerald Best Bid
or Offer (‘‘icEBBO’’) is a calculation that uses the
best price from the Simple Order Book for each
component of a complex strategy including
displayed and non-displayed trading interest. For
stock-option orders, the icEBBO for a complex
strategy will be calculated using the best price
(whether displayed or non-displayed) on the
Simple Order Book in the individual option
component(s), and the NBBO in the stock
component. See Exchange Rule 518(a)(12).
16 The ‘‘Strategy Book’’ is the Exchange’s
electronic book of complex orders and complex
quotes. See Exchange Rule 518(a)(17).
17 See Exchange Rule 515(h)(3).
18 The term ‘‘Priority Customer’’ means a person
or entity that (i) is not a broker or dealer in
securities, and (ii) does not place more than 390
orders in listed options per day on average during
a calendar month for its own beneficial account(s).
See Exchange Rule 100.
19 The term ‘‘Book’’ means the electronic book of
buy and sell orders and quotes maintained by the
System. See Exchange Rule 100.
20 See Exchange Rule 515(h)(4). The term
‘‘NBBO’’ means the national best bid or offer as
calculated by the Exchange based on market
information received by the Exchange from OPRA.
See Exchange Rule 100.
21 See Interpretations and Policies .12(a) of
Exchange Rule 515A.
22 See Interpretations and Policies .12(a)(i) of
Exchange Rule 515A.
23 See MIAX Emerald Exchange System Settings
on the Exchange’s public website, available at
https://www.miaxoptions.com/sites/default/files/
page-files/MIAX_EMERALD_System_Settings_
11122018.pdf.
E:\FR\FM\29NON1.SGM
29NON1
Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Notices
Additionally, the Exchange notes that
at least two other option exchanges
provide similar functionality.24
2. Statutory Basis
The Exchange believes that its
proposed rule change is consistent with
Section 6(b) of the Act 25 in general, and
furthers the objectives of Section 6(b)(5)
of the Act 26 in particular, in that it is
designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
regulating, clearing, settling, processing
information with respect to, and
facilitating transactions in securities, to
remove impediments to and perfect the
mechanisms of a free and open market
and a national market system and, in
general, to protect investors and the
public interest.
The Exchange believes that its
proposal to adopt a new order
instruction for complex orders promotes
just and equitable principles of trade,
removes impediments to and perfects
the mechanisms of a free and open
market and a national market system
and, in general, protects investors and
the public interest. The Exchange
believes it is reasonable to provide
investors additional control over the
disposition of their complex orders, in
connection with their attempt to
provide and not remove liquidity, or in
connection with applicable fees for
executions.
The Exchange believes its proposed
rule change promotes just and equitable
principles of trade and removes
impediments to and perfects the
mechanisms of a free and open market
and a national market system and, in
general, protects investors and the
public interest by allowing investors to
have greater control over the execution
of their orders.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
khammond on DSKJM1Z7X2PROD with NOTICES
The Exchange does not believe that
the proposed rule change will impose
any burden on intra-market competition
as the DNL order instruction is optional
and will be available for all Members on
24 See Cboe Exchange Rule 5.33(b), Complex
Only, which defines a ‘‘Complex Only’’ order as a
Day or IOC complex order a Market-Maker may
designate to execute only against complex orders in
the COB and not Leg into the Simple Book. The
terms ‘‘Complex Order Book’’ and ‘‘COB’’ mean the
Cboe Exchange’s electronic book of complex orders
used for all trading sessions. See Cboe Exchange
Rule 5.33(b); see also NYSEArca Options Exchange
Rule 6.91P–O(e)(1)(C).
25 15 U.S.C. 78f(b).
26 15 U.S.C. 78f(b)(5).
VerDate Sep<11>2014
16:29 Nov 28, 2022
Jkt 259001
the Exchange that submit complex
orders to the Exchange.
The Exchange does not believe that
the proposed rule change will impose
any burden on inter-market competition
but may enhance inter-market
competition. The Exchange notes that it
operates in a highly competitive market
in which market participants can
readily direct order flow to competing
venues who offer similar functionality.
The Exchange believes the proposed
rule change will enhance competition
among the various markets for complex
order execution, potentially resulting in
more active complex order trading on
all exchanges.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received from
Members, Participants, or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days after the date of
the filing, or such shorter time as the
Commission may designate, it has
become effective pursuant to 19(b)(3)(A)
of the Act 27 and Rule 19b–4(f)(6) 28
thereunder.
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change 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. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comments
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:
27 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
28 17
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
73365
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
EMERALD–2022–31 on the subject line.
Paper Comments
• 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–2022–31. 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 (https://www.sec.gov/
rules/sro.shtml). 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
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–EMERALD–2022–31 and
should be submitted on or before
December 20, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.29
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022–25950 Filed 11–28–22; 8:45 am]
BILLING CODE 8011–01–P
29 17
E:\FR\FM\29NON1.SGM
CFR 200.30–3(a)(12).
29NON1
]]>Agencies
[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Notices]
[Pages 73364-73365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25950]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-96378; File No. SR-EMERALD-2022-31]
Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Exchange Rule 518, Complex Orders
November 22, 2022.
Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on November 10, 2022, MIAX Emerald, LLC (``MIAX
Emerald'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Exchange Rule 518, Complex Orders.
The text of the proposed rule change is available on the Exchange's
website at https://www.miaxoptions.com/rule-filings/emerald, at MIAX
Emerald's principal office, and at the Commission's Public Reference
Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Exchange Rule 518, Complex Orders,
to adopt a new optional order instruction, ``Do Not Leg (`DNL'),'' to
paragraph (b), Types of Complex Orders.
The Exchange currently offers its Members \3\ a number of complex
order types enumerated in paragraph (b) of Rule 518. The Exchange
offers a Complex Auction-on-Arrival Order,\4\ a Complex Auction-or-
Cancel Order,\5\ a Complex Immediate-or-Cancel Order,\6\ a Complex
Customer Cross Order,\7\ a Complex Qualified Contingent Cross Order,\8\
a Complex PRIME Order,\9\ a Complex Attributable Order,\10\ and a
Complex Auction-on-Arrival-Only Order.\11\
---------------------------------------------------------------------------
\3\ 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.
\4\ See Exchange Rule 518(b)(2).
\5\ See Exchange Rule 518(b)(3).
\6\ See Exchange Rule 518(b)(4).
\7\ See Exchange Rule 518(b)(5).
\8\ See Exchange Rule 518(b)(6).
\9\ See Exchange Rule 518(b)(7).
\10\ See Exchange Rule 518(b)(8).
\11\ See Exchange Rule 518(b)(9).
---------------------------------------------------------------------------
The Exchange now proposes to adopt a new optional order instruction
for complex orders entitled, ``Do Not Leg'' or ``DNL.'' A complex order
that is marked with the DNL instruction will not leg into the Simple
Order Book.\12\ Additionally, a complex order that is marked with the
DNL instruction must be executed at a price that complies with Exchange
Rule 518(c)(2)(ii). The DNL order instruction will be available for use
with all complex order types (excluding Complex Customer Cross Orders,
Complex Qualified Contingent Cross Orders, and cPRIME Orders) offered
on the Exchange.
---------------------------------------------------------------------------
\12\ The ``Simple Order Book'' is the Exchange's regular
electronic book of orders and quotes. See Exchange Rule 518(a)(15).
---------------------------------------------------------------------------
Complex Customer Cross Orders \13\ and Complex Qualified Contingent
Cross Orders \14\ are order types that execute immediately upon entry
(provided that they satisfy certain criteria) and would therefore not
leg into the Simple Order Book. Specifically, Complex Customer Cross
(``cC2C'') Orders as defined in Rule 518(b)(5), are automatically
executed upon entry provided that the execution is at least $0.01
better than (inside) the icEBBO \15\ (as defined in Rule 518(a)(12))
price or the best net price of a complex order (as defined in Rule
518(a)(5)) on the Strategy Book \16\ (as defined in Rule 518(a)(17)),
whichever is more aggressive.\17\ Complex Qualified Contingent Cross
(``cQCC'') Orders, as defined in Rule 518(b)(6), are automatically
executed upon entry provided that, with respect to each option leg of
the cQCC Order, the execution (i) is not at the same price as a
Priority Customer Order \18\ on the Exchange's Book; \19\ and (ii) is
at or between the NBBO.\20\
---------------------------------------------------------------------------
\13\ See Exchange Rule 518(b)(5).
\14\ See Exchange Rule 518(b)(6).
\15\ The Implied Complex MIAX Emerald Best Bid or Offer
(``icEBBO'') is a calculation that uses the best price from the
Simple Order Book for each component of a complex strategy including
displayed and non-displayed trading interest. For stock-option
orders, the icEBBO for a complex strategy will be calculated using
the best price (whether displayed or non-displayed) on the Simple
Order Book in the individual option component(s), and the NBBO in
the stock component. See Exchange Rule 518(a)(12).
\16\ The ``Strategy Book'' is the Exchange's electronic book of
complex orders and complex quotes. See Exchange Rule 518(a)(17).
\17\ See Exchange Rule 515(h)(3).
\18\ The term ``Priority Customer'' means a person or entity
that (i) is not a broker or dealer in securities, and (ii) does not
place more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s). See
Exchange Rule 100.
\19\ The term ``Book'' means the electronic book of buy and sell
orders and quotes maintained by the System. See Exchange Rule 100.
\20\ See Exchange Rule 515(h)(4). The term ``NBBO'' means the
national best bid or offer as calculated by the Exchange based on
market information received by the Exchange from OPRA. See Exchange
Rule 100.
---------------------------------------------------------------------------
Additionally, the DNL instruction will not be available for cPRIME
Orders, as cPRIME Orders are another type of a crossing order.
Specifically, a cPRIME Order is a paired order with an established
minimum execution price that must meet certain defined internal
criteria to be eligible to participate in a cPRIME Auction.\21\
Specifically, the initiating price for a cPRIME Agency Order must be
better than (inside) the icEBBO for the strategy and any other complex
orders on the Strategy Book. The System will reject cPRIME Agency
Orders submitted with an initiating price that is equal to or worse
than (outside) the icEBBO or any other complex orders on the Strategy
Book.\22\ Currently, a cPRIME Auction has a duration of 100
milliseconds.\23\
---------------------------------------------------------------------------
\21\ See Interpretations and Policies .12(a) of Exchange Rule
515A.
\22\ See Interpretations and Policies .12(a)(i) of Exchange Rule
515A.
\23\ See MIAX Emerald Exchange System Settings on the Exchange's
public website, available at https://www.miaxoptions.com/sites/default/files/page-files/MIAX_EMERALD_System_Settings_11122018.pdf.
---------------------------------------------------------------------------
[[Page 73365]]
Additionally, the Exchange notes that at least two other option
exchanges provide similar functionality.\24\
---------------------------------------------------------------------------
\24\ See Cboe Exchange Rule 5.33(b), Complex Only, which defines
a ``Complex Only'' order as a Day or IOC complex order a Market-
Maker may designate to execute only against complex orders in the
COB and not Leg into the Simple Book. The terms ``Complex Order
Book'' and ``COB'' mean the Cboe Exchange's electronic book of
complex orders used for all trading sessions. See Cboe Exchange Rule
5.33(b); see also NYSEArca Options Exchange Rule 6.91P-O(e)(1)(C).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \25\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \26\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------
\25\ 15 U.S.C. 78f(b).
\26\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that its proposal to adopt a new order
instruction for complex orders promotes just and equitable principles
of trade, removes impediments to and perfects the mechanisms of a free
and open market and a national market system and, in general, protects
investors and the public interest. The Exchange believes it is
reasonable to provide investors additional control over the disposition
of their complex orders, in connection with their attempt to provide
and not remove liquidity, or in connection with applicable fees for
executions.
The Exchange believes its proposed rule change promotes just and
equitable principles of trade and removes impediments to and perfects
the mechanisms of a free and open market and a national market system
and, in general, protects investors and the public interest by allowing
investors to have greater control over the execution of their orders.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on intra-market competition as the DNL order
instruction is optional and will be available for all Members on the
Exchange that submit complex orders to the Exchange.
The Exchange does not believe that the proposed rule change will
impose any burden on inter-market competition but may enhance inter-
market competition. The Exchange notes that it operates in a highly
competitive market in which market participants can readily direct
order flow to competing venues who offer similar functionality. The
Exchange believes the proposed rule change will enhance competition
among the various markets for complex order execution, potentially
resulting in more active complex order trading on all exchanges.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received from Members, Participants, or Others
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \27\ and Rule 19b-4(f)(6) \28\
thereunder.
---------------------------------------------------------------------------
\27\ 15 U.S.C. 78s(b)(3)(A).
\28\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change 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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
IV. Solicitation of Comments
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
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-EMERALD-2022-31 on the subject line.
Paper Comments
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-2022-31. 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 (https://www.sec.gov/rules/sro.shtml).
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 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-EMERALD-2022-31 and should be submitted
on or before December 20, 2022.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
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\29\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-25950 Filed 11-28-22; 8:45 am]
BILLING CODE 8011-01-P
