Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend MRX Options 7, Section 7, 11490-11493 [2023-03697]
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11490
Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Notices
consistent with the requirements of Rule
17Ad–22(e)(10).10
(B) Clearing Agency’s Statement on
Burden on Competition
ICE Clear Europe does not believe the
proposed amendments would have any
impact, or impose any burden, on
competition not necessary or
appropriate in furtherance of the
purposes of the Act. The proposed
amendments are being adopted to
update and clarify the delivery
specifications in Part Q of the Delivery
Procedures in connection with White
Sugar contracts. ICE Clear Europe does
not expect that the proposed changes
will adversely affect access to clearing
or the ability of Clearing Members, their
customers or other market participants
to continue to clear contracts. ICE Clear
Europe also does not believe the
amendments would materially affect the
cost of clearing or otherwise impact
competition among Clearing Members
or other market participants or limit
market participants’ choices for
selecting clearing services. Accordingly,
ICE Clear Europe does not believe the
amendments would impose any burden
on competition not necessary or
appropriate in furtherance of the
purpose of the Act.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants or Others
Written comments relating to the
proposed amendments have not been
solicited or received by ICE Clear
Europe. ICE Clear Europe will notify the
Commission of any comments received
with respect to the proposed rule
change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
lotter on DSK11XQN23PROD with NOTICES1
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 11 and paragraph (f) of Rule
19b–4 12 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.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
10 17
CFR 240.17Ad–22(e)(10).
U.S.C. 78s(b)(3)(A).
12 17 CFR 240.19b–4(f).
11 15
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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:
[FR Doc. 2023–03698 Filed 2–22–23; 8:45 am]
Electronic Comments:
BILLING CODE 8011–01–P
• 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–
ICEEU–2023–006 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–ICEEU–2023–006. 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
filings will also be available for
inspection and copying at the principal
office of ICE Clear Europe and on ICE
Clear Europe’s website at https://
www.theice.com/clear-europe/
regulation.
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–ICEEU–2023–006
and should be submitted on or before
March 16, 2023.
PO 00000
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For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Sherry R. Haywood,
Assistant Secretary.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96941; File No. SR–MRX–
2023–06]
Self-Regulatory Organizations; Nasdaq
MRX, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend MRX Options
7, Section 7
February 16, 2023.
Pursuant to 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 February
6, 2023, Nasdaq MRX, LLC (‘‘MRX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the 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
MRX’s Pricing Schedule at Options 7,
Section 7.
The text of the proposed rule change
is available on the Exchange’s website at
https://listingcenter.nasdaq.com/
rulebook/mrx/rules, at the principal
office of the Exchange, 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.
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
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1. Purpose
On May 2, 2022, MRX initially filed
this proposal to amend its Pricing
Schedule at Options 7, Section 7, to
assess market data fees, which had not
been assessed since MRX’s inception in
2016.3 The proposed changes are
designed to update data fees to reflect
their current value, rather than their
value when it was a new exchange six
years ago. Newly-opened exchanges
often charge no fees for market data to
attract order flow to an exchange, and
later amend their fees to reflect the true
value of those services.4 Allowing
newly-opened exchanges time to build
and sustain market share before
charging for their market data
encourages market entry and promotes
competition.
This Proposal reflects MRX’s
assessment that it is ready to distribute
its market data on the same basis as the
other 15 options exchanges. When these
fees were initially proposed in May
2022, MRX was the only options
exchange out of the 16 current options
exchanges not to assess market data
fees.
3 The Exchange initially filed the proposed
pricing changes on May 2, 2022 (SR–MRX–2022–
04), instituting fees for membership, ports and
market data. See Securities Exchange Act Release
No. 94901 (May 12, 2022), 87 FR 30305 (May 18,
2022) (SR–MRX–2022–04). On June 29, 2022, the
Exchange withdrew that filing, and submitted
separate filings for membership (SR–MRX–2022–
07), market data (SR–MRX–2022–08) and ports (SR–
MRX–2022–09). On August 25, 2022, the Exchange
withdrew the market data filing (SR–MRX–2022–
08) and replaced it with SR–MRX–2022–14. See
Securities Exchange Act Release No. 95708
(September 8, 2022), 87 FR 56457 (September 14,
2022) (SR–MRX–2022–14). On October 14, 2022,
the Exchange withdrew SR–MRX–2022–14 and
replaced it with SR–MRX–2022–22 to reflect
changes to the information contained within each
of the five MRX market data feeds proposed in SR–
MRX–2022–18. See Securities Exchange Act
Release No. 96144 (October 24, 2022), 87 FR 65273
(October 28, 2022) (SR–MRX–2022–22) (MRX
market data fee filing); Securities Exchange Act
Release No. 95982 (October 4, 2022), 87 FR 61391
(October 11, 2022) (SR–MRX–2022–18) (modifying
the definitions of MRX feeds). On December 8,
2022, the Exchange withdrew SR–MRX–2022–22
and replaced it with SR–MRX–2022–27. On
December 19, 2022, the Exchange withdrew SR–
MRX–2022–27 and replaced it with SR–MRX–
2022–30. See Securities Exchange Act Release No.
96561 (December 21, 2022), 87 FR 79915 (December
28, 2022) (SR–MRX–2022–30). On February 6, 2023,
the Exchange withdrew SR–MRX–2022–30 and
replaced it with the instant filing.
4 See, e.g., Securities Exchange Act Release No
88211 (February 14, 2020), 85 FR 9847 (February
20, 2020) (SR–NYSENAT–2020–05), also available
at https://www.nyse.com/publicdocs/nyse/markets/
nyse-national/rule-filings/filings/2020/SRNYSENat-2020-05.pdf (initiating market data fees
for the NYSE National exchange after initially
setting such fees at zero).
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The Exchange proposes to amend fees
for the following market data feeds
within Options 7, Section 7: (1) Nasdaq
MRX Depth of Market Data Feed
(‘‘Depth of Market Feed’’); 5 (2) Nasdaq
MRX Order Feed (‘‘Order Feed’’); 6 (3)
Nasdaq MRX Top of Market Feed (‘‘Top
Feed’’); 7 (4) Nasdaq MRX Trades Feed
(‘‘Trades Feed’’); 8 and (5) Nasdaq MRX
Spread Feed (‘‘Spread Feed’’).9 Prior to
5 Nasdaq MRX Depth of Market Data Feed is a
data feed that provides full order and quote depth
information for individual orders and quotes on the
Exchange book and last sale information for trades
executed on the Exchange. The data provided for
each option series includes the symbols (series and
underlying security), put or call indicator,
expiration date, the strike price of the series, and
whether the option series is available for trading on
the Exchange and identifies if the series is available
for closing transactions only. The feed also provides
order imbalances on opening/reopening (size of
matched contracts and size of the imbalance). See
Options 3, Section 23(a)(1).
6 Nasdaq MRX Order Feed provides information
on new orders resting on the book (e.g. price,
quantity, market participant capacity and
Attributable Order tags when provided by a
Member). The data provided for each option series
includes the symbols (series and underlying
security), displayed order types, order attributes
(e.g., OCC account number, give-up information,
CMTA information), put or call indicator,
expiration date, the strike price of the series, and
whether the option series is available for trading on
MRX and identifies if the series is available for
closing transactions only. The feed also provides
order imbalances on opening/reopening (size of
matched contracts and size of the imbalance),
auction and exposure notifications. See Options 3,
Section 23(a)(2).
7 Nasdaq MRX Top of Market Feed calculates and
disseminates MRX’s best bid and offer position,
with aggregated size (including total size in
aggregate, for Professional Order size in the
aggregate and Priority Customer Order size in the
aggregate), based on displayable order and quote
interest in the System. The feed also provides last
trade information and for each option series
includes the symbols (series and underlying
security), put or call indicator, expiration date, the
strike price of the series, and whether the option
series is available for trading on MRX and identifies
if the series is available for closing transactions
only. The feed also provides order imbalances on
opening/reopening. See Options 3, Section 23(a)(3).
8 Nasdaq MRX Trades Feed displays last trade
information. The data provided for each option
series includes the symbols (series and underlying
security), put or call indicator, expiration date, the
strike price of the series, and whether the option
series is available for trading on MRX and identifies
if the series is available for closing transactions
only. See Options 3, Section 23(a)(4).
9 Nasdaq MRX Spread Feed is a feed that consists
of: (1) options orders for all Complex Orders (i.e.,
spreads, buy-writes, delta neutral strategies, etc.);
(2)full Complex Order depth information, including
prices, side, size, capacity, Attributable Complex
Order tags when provided by a Member, and order
attributes (e.g., OCC account number, give-up
information, CMTA information), for individual
Complex Orders on the Exchange book; (3) last
trades information; and (4) calculating and
disseminating MRX’s complex best bid and offer
position, with aggregated size (including total size
in aggregate, for Professional Order size in the
aggregate and Priority Customer Order size in the
aggregate), based on displayable Complex Order
interest in the System. The feed also provides
Complex Order auction notifications. See Options
3, Section 23(a)(5).
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11491
the initial filing of these proposed price
changes on May 2, 2022, no fees had
been assessed for these feeds.
In addition to the proposed fees for
each data feed, the Exchange proposes
an Internal Distributor Fee 10 of $1,500
per month for the Depth of Market Feed,
Order Feed, and Top Feed, an Internal
Distributor Fee of $750 per month for
the Trades Feed, and an Internal
Distributor Fee of $1,000 per month for
the Spread Feed. If a Member subscribes
to both the Trades Feed and the Spread
Feed, both Internal Distributor Fees
would be assessed.
The Exchange also proposes to assess
an External Distributor Fee of $2,000 per
month for the Depth of Market Feed,
Order Feed, and Top Feed, an External
Distributor Fee of $1,000 per month for
the Trades Feed, and an External
Distributor Fee of $1,500 per month for
the Spread Feed.
MRX will also assess Professional 11
and Non-Professional 12 subscriber fees.
The Professional Subscriber fee will be
$25 per month, and the NonProfessional Subscriber fee will be $1
per month. These subscriber fees (both
Professional and Non-Professional)
cover the usage of all five MRX data
products identified above and would
not be assessed separately for each
product.13
MRX also proposes a Non-Display
Enterprise License for $7,500 per
month. This license would lower costs
for internal professional subscribers and
lower administrative costs overall by
permitting the distribution of all MRX
proprietary direct data feed products to
an unlimited number of internal nondisplay Subscribers without incurring
10 A ‘‘distributor’’ of Nasdaq MRX data is any
entity that receives a feed or data file of data
directly from Nasdaq MRX or indirectly through
another entity and then distributes it either
internally (within that entity) or externally (outside
that entity). All distributors shall execute a Nasdaq
Global Data Agreement.
11 A Professional Subscriber is any Subscriber
that is not a Non-Professional Subscriber.
12 A Non-Professional Subscriber is a natural
person who is neither: (i) registered or qualified in
any capacity with the Commission, the
Commodities Futures Trading Commission, any
state securities agency, any securities exchange or
association, or any commodities or futures contract
market or association; (ii) engaged as an
‘‘investment adviser’’ as that term is defined in
Section 201(11) of the Investment Advisors Act of
1940 (whether or not registered or qualified under
that Act); nor (iii) employed by a bank or other
organization exempt from registration under federal
or state securities laws to perform functions that
would require registration or qualification if such
functions were performed for an organization not so
exempt.
13 For example, if a firm has one Professional
(Non-Professional) Subscriber accessing Top Quote
Feed, Order, and Depth of Market Feed the firm
would only report the Subscriber once and pay $25
($1 for Non-Professional).
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Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Notices
additional fees for each internal
Subscriber, or requiring the customer to
count internal subscribers.14 The NonDisplay Enterprise License is in
addition to any other associated
distributor fees for MRX proprietary
direct data feed products.
2. Statutory Basis
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The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,15 in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5)
of the Act,16 in particular, in that it
provides for the equitable allocation of
reasonable dues, fees, and other charges
among members and issuers and other
persons using any facility, and is not
designed to permit unfair
discrimination between customers,
issuers, brokers, or dealers.
The Proposal is reasonable and
unlikely to burden the market in light of
MRX’s small size, the nature of the fees,
and the demonstrated ability of MRX
customers to cancel their subscriptions
for market data.17 MRX has had a
consistently low percentage of market
share, starting at approximately 0.2
percent when it opened as an Exchange
and ending in approximately 1.37% in
November 2022. This is the smallest
market share of the 16 operating options
exchanges.
The proposed fees are comparable to,
and in some cases less than, those of
other exchanges; in particular, the
proposed MRX fees are lower than those
charged by ISE today, as well as those
of the MIAX Emerald Options Exchange,
C2 Options, and NYSE American
Options.
The MIAX Emerald Options Exchange
charges $3,000 for internal distribution
and $3,500 for external distribution of
the MIAX Order Feed (‘‘MOR’’).18 The
proposed MRX Order Feed is $1,500 for
internal distribution and $2,000 for
external distribution.
C2 Options charges $2,500 per month
for internal and external distribution of
its Book Depth Data Feed, plus $50 per
Device or user ID for Display Only
14 The Non-Display Enterprise License of $7,500
per month is optional. A firm that does not have
a sufficient number of subscribers to benefit from
purchase of the license need not do so.
15 See 15 U.S.C. 78f(b).
16 See 15 U.S.C. 78f(b)(4) and (5).
17 Nasdaq announced that, beginning in 2022, it
would migrate its North American markets to
Amazon Web Services in a phased approach,
starting with MRX. The MRX migration took place
in November 2022. The proposed fee changes are
unrelated to that effort.
18 See MIAX Emerald Options Exchange, Fee
Schedule (December 8, 2022), available at https://
www.miaxoptions.com/sites/default/files/fee_
schedule-files/MIAX_Emerald_Fee_Schedule_
12082022c.pdf.
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Service Users (external users).19 MRX
proposes to charge $1,500 for internal
distribution, and $2,000 for external
distribution, of its Depth of Market
Feed.
NYSE American Options charges an
access fee of $3,000 per month for its
American Options Top, American
Options Deep and American Options
Complex products, plus a multiple
datafeed fee of $200, a redistribution fee
of $2,000 per month, and a Professional
per user fee of $50 per month and a
Non-Professional user fee of $1 per
month.20 MRX proposes to charge no
access or multiple datafeed fees, but
rather a monthly external distributor fee
of $2,000 for Top Feed, and a monthly
external distributor fee of $2,000 for its
Depth of Market Feed.
Internal distribution fees for the
Nasdaq ISE Order Feed is $3,000 per
month per distributor for internal use,
and $3,000 per month for external
redistribution, with additional fees for
external controlled devices.21 Proposed
Distributor fees for the MRX Order Feed
is $1,500 per month for internal
distribution, and $2,000 per month for
external distribution.
The Top Quote Feed for ISE is $3,000
per month per distributor for internal
use, plus additional fees; $3,000 per
month per distributor for professional
external distribution, plus other charges;
and $3,000 per distributor per month for
external Non-Professional distribution
through a controlled device.22 Proposed
distributor fees for the MRX Top Feed
are $1,500 per month for internal
distribution, and $2,000 for external
distribution.
A sizeable portion of subscribers—
approximately 15 percent—have
terminated their subscriptions following
the implementation of the proposed
fees. As of May 2, 2022, the date that
MRX initially proposed these market
data fees, MRX reported that two
customers had terminated their market
data subscriptions.23 As of now, a total
of five firms have cancelled, amounting
to approximately 15 percent of the 34
customers that had been taking MRX
19 See Cboe U.S. Options Fee Schedule, C2
Options, BBO Data Feed (Effective September 1,
2022), available at https://www.cboe.com/us/
options/membership/fee_schedule/ctwo/.
20 See NYSE American Options Fee Schedule
(March 1, 2022), available at https://www.nyse.com/
publicdocs/nyse/data/NYSE_American_Options_
Market_Data_Fee_Schedule.pdf.
21 See Nasdaq ISE Rules, Options 7 (Pricing
Schedule), Section 10(G) (Nasdaq ISE Order Feed).
22 See Nasdaq ISE Rules, Options 7 (Pricing
Schedule), Section 10(H) (Nasdaq ISE Top Quote
Feed).
23 See Securities Exchange Act Release No. 94901
(May 12, 2022), 87 FR 30305 (May 18, 2022) (SR–
MRX–2022–04).
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feeds in the first quarter of 2022.24 Two
of the five customers had access to all
five feeds: the Depth of Market Data, the
Order Feed, the Top Feed, the Trades
Feed, and the Spread Feed. The three
remaining customers had access to only
two feeds: the Order Feed and the Top
Feed. All five customers cancelled all
feeds that they had access to.
Three of the five customers were
either data vendors or technology
suppliers. Data vendors purchase
exchange data and redistribute it to
downstream customers, while
technology suppliers incorporate
exchange data into software solutions,
which are sold to downstream
customers. The remaining two firms
engage in options trading, either on
their own behalf or that of a customer.
The three data vendors/technology
suppliers do not trade on their own
behalf or on the behalf of any
downstream customs, although their
customers may do so. The Exchange
understands that these three firms
cancelled due to insufficient demand
from their downstream customers for
MRX data. The two remaining firms,
which do engage in options trading,
have not traded on MRX, but are active
traders on other Nasdaq options
exchanges.
The Proposal is not unfairly
discriminatory. The five market data
feeds at issue here—the Depth of Market
Feed, Order Feed, Top Feed, Trades
Feed, and Spread Feed—are used by a
variety of market participants for a
variety of purposes. Users include
regulators, market makers, competing
exchanges, media, retail, academics,
portfolio managers. Market data feeds
will be available to members of all of
these groups on a non-discriminatory
basis.
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 competition not
necessary or appropriate in furtherance
of the purposes of the Act.
Nothing in the Proposal burdens
inter-market competition (the
competition among self-regulatory
organizations) because approval of the
Proposal does not impose any burden
on the ability of other options exchanges
to compete. MRX fees are comparable
to, and in some cases less than, those of
other exchanges, as discussed above.
Nothing in the Proposal burdens
intra-market competition (the
24 These terminations were limited to market
data; none of these customers were members of
MRX and therefore purchased neither memberships
nor ports from the Exchange.
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Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Notices
competition among consumers of
exchange data) because MRX market
data is available to any customer under
the same fee schedule as any other
customer, and any market participant
that wishes to purchase MRX market
data can do so on a non-discriminatory
basis.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.25
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: (i) necessary or appropriate in
the public interest; (ii) for the protection
of investors; or (iii) 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:
lotter on DSK11XQN23PROD with NOTICES1
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–
MRX–2023–06 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–MRX–2023–06. 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/
25 15
U.S.C. 78s(b)(3)(A)(ii).
VerDate Sep<11>2014
17:12 Feb 22, 2023
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 the
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–MRX–2023–06 and should
be submitted on or before March 16,
2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.26
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–03697 Filed 2–22–23; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Advisers Act Release No. 6244/
File No. 803–00258]
J.P. Morgan Investment Management
Inc.
February 16, 2023.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice.
AGENCY:
Notice of application for an exemptive
order under Section 206A of the
Investment Advisers Act of 1940 (the
‘‘Act’’) and rule 206(4)–5(e) under the
Act.
APPLICANT: J.P. Morgan Investment
Management Inc.
SUMMARY OF APPLICATION: Applicant
requests that the Commission issue an
order under Section 206A of the Act and
rule 206(4)–5(e) under the Act
exempting it from rule 206(4)–5(a)(1)
26 17
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PO 00000
CFR 200.30–3(a)(12).
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11493
under the Act to permit Applicant to
receive compensation from a
government entity for investment
advisory services provided to the
government entity within the two-year
period following a contribution by an
individual, who was subsequently hired
and became a covered associate of the
Applicant, to an official of the
government entity.
FILING DATES: The application was filed
on December 15, 2022, and amended on
December 22, 2022.
HEARING OR NOTIFICATION OF HEARING: An
order granting the application will be
issued unless the Commission orders a
hearing. Interested persons may request
a hearing by emailing the Commission’s
Secretary at Secretarys-Office@sec.gov
and serving Applicant with a copy of
the request by email. Hearing requests
should be received by the Commission
by 5:30 p.m. on March 13, 2023, and
should be accompanied by proof of
service on the Applicant, in the form of
an affidavit or, for lawyers, a certificate
of service. Pursuant to rule 0–5 under
the Act, hearing requests should state
the nature of the writer’s interest, any
facts bearing upon the desirability of a
hearing on the matter, the reason for the
request, and the issues contested.
Persons may request notification of a
hearing by emailing the Commission’s
Secretary.
ADDRESSES: The Commission:
Secretarys-Office@sec.gov. Applicant:
J.P. Morgan Investment Management
Inc. Ki.Hong@skadden.com,
Tyler.Rosen@skadden.com,
Lee.K.Michel@jpmchase.com.
FOR FURTHER INFORMATION CONTACT:
Priscilla Dao, Attorney-Adviser, at (202)
551–5997 or Marc Mehrespand, Branch
Chief, at (202) 551–6825 (Division of
Investment Management, Chief
Counsel’s Office).
SUPPLEMENTARY INFORMATION: The
following is a summary of the
application. The complete application
may be obtained via the Commission’s
website at https://www.sec.gov/rules/
iareleases.shtml or by calling (202) 551–
8090.
Applicant’s Representations
1. Applicant is a Delaware
corporation registered with the
Commission as an investment adviser
under the Act. Applicant provides,
among other things, discretionary
investment advisory services directly to
institutional investors and mutual funds
(the ‘‘Funds’’).
2. The individual who made the
campaign contribution that triggered the
compensation ban (the ‘‘Contribution’’)
is Ashbel Williams (the ‘‘Contributor’’).
E:\FR\FM\23FEN1.SGM
23FEN1
Agencies
[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11490-11493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03697]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-96941; File No. SR-MRX-2023-06]
Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend MRX
Options 7, Section 7
February 16, 2023.
Pursuant to 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 February 6, 2023, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the 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.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend MRX's Pricing Schedule at Options 7,
Section 7.
The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/mrx/rules, at the
principal office of the Exchange, 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.
[[Page 11491]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
On May 2, 2022, MRX initially filed this proposal to amend its
Pricing Schedule at Options 7, Section 7, to assess market data fees,
which had not been assessed since MRX's inception in 2016.\3\ The
proposed changes are designed to update data fees to reflect their
current value, rather than their value when it was a new exchange six
years ago. Newly-opened exchanges often charge no fees for market data
to attract order flow to an exchange, and later amend their fees to
reflect the true value of those services.\4\ Allowing newly-opened
exchanges time to build and sustain market share before charging for
their market data encourages market entry and promotes competition.
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\3\ The Exchange initially filed the proposed pricing changes on
May 2, 2022 (SR-MRX-2022-04), instituting fees for membership, ports
and market data. See Securities Exchange Act Release No. 94901 (May
12, 2022), 87 FR 30305 (May 18, 2022) (SR-MRX-2022-04). On June 29,
2022, the Exchange withdrew that filing, and submitted separate
filings for membership (SR-MRX-2022-07), market data (SR-MRX-2022-
08) and ports (SR-MRX-2022-09). On August 25, 2022, the Exchange
withdrew the market data filing (SR-MRX-2022-08) and replaced it
with SR-MRX-2022-14. See Securities Exchange Act Release No. 95708
(September 8, 2022), 87 FR 56457 (September 14, 2022) (SR-MRX-2022-
14). On October 14, 2022, the Exchange withdrew SR-MRX-2022-14 and
replaced it with SR-MRX-2022-22 to reflect changes to the
information contained within each of the five MRX market data feeds
proposed in SR-MRX-2022-18. See Securities Exchange Act Release No.
96144 (October 24, 2022), 87 FR 65273 (October 28, 2022) (SR-MRX-
2022-22) (MRX market data fee filing); Securities Exchange Act
Release No. 95982 (October 4, 2022), 87 FR 61391 (October 11, 2022)
(SR-MRX-2022-18) (modifying the definitions of MRX feeds). On
December 8, 2022, the Exchange withdrew SR-MRX-2022-22 and replaced
it with SR-MRX-2022-27. On December 19, 2022, the Exchange withdrew
SR-MRX-2022-27 and replaced it with SR-MRX-2022-30. See Securities
Exchange Act Release No. 96561 (December 21, 2022), 87 FR 79915
(December 28, 2022) (SR-MRX-2022-30). On February 6, 2023, the
Exchange withdrew SR-MRX-2022-30 and replaced it with the instant
filing.
\4\ See, e.g., Securities Exchange Act Release No 88211
(February 14, 2020), 85 FR 9847 (February 20, 2020) (SR-NYSENAT-
2020-05), also available at https://www.nyse.com/publicdocs/nyse/markets/nyse-national/rule-filings/filings/2020/SR-NYSENat-2020-05.pdf (initiating market data fees for the NYSE National exchange
after initially setting such fees at zero).
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This Proposal reflects MRX's assessment that it is ready to
distribute its market data on the same basis as the other 15 options
exchanges. When these fees were initially proposed in May 2022, MRX was
the only options exchange out of the 16 current options exchanges not
to assess market data fees.
The Exchange proposes to amend fees for the following market data
feeds within Options 7, Section 7: (1) Nasdaq MRX Depth of Market Data
Feed (``Depth of Market Feed''); \5\ (2) Nasdaq MRX Order Feed (``Order
Feed''); \6\ (3) Nasdaq MRX Top of Market Feed (``Top Feed''); \7\ (4)
Nasdaq MRX Trades Feed (``Trades Feed''); \8\ and (5) Nasdaq MRX Spread
Feed (``Spread Feed'').\9\ Prior to the initial filing of these
proposed price changes on May 2, 2022, no fees had been assessed for
these feeds.
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\5\ Nasdaq MRX Depth of Market Data Feed is a data feed that
provides full order and quote depth information for individual
orders and quotes on the Exchange book and last sale information for
trades executed on the Exchange. The data provided for each option
series includes the symbols (series and underlying security), put or
call indicator, expiration date, the strike price of the series, and
whether the option series is available for trading on the Exchange
and identifies if the series is available for closing transactions
only. The feed also provides order imbalances on opening/reopening
(size of matched contracts and size of the imbalance). See Options
3, Section 23(a)(1).
\6\ Nasdaq MRX Order Feed provides information on new orders
resting on the book (e.g. price, quantity, market participant
capacity and Attributable Order tags when provided by a Member). The
data provided for each option series includes the symbols (series
and underlying security), displayed order types, order attributes
(e.g., OCC account number, give-up information, CMTA information),
put or call indicator, expiration date, the strike price of the
series, and whether the option series is available for trading on
MRX and identifies if the series is available for closing
transactions only. The feed also provides order imbalances on
opening/reopening (size of matched contracts and size of the
imbalance), auction and exposure notifications. See Options 3,
Section 23(a)(2).
\7\ Nasdaq MRX Top of Market Feed calculates and disseminates
MRX's best bid and offer position, with aggregated size (including
total size in aggregate, for Professional Order size in the
aggregate and Priority Customer Order size in the aggregate), based
on displayable order and quote interest in the System. The feed also
provides last trade information and for each option series includes
the symbols (series and underlying security), put or call indicator,
expiration date, the strike price of the series, and whether the
option series is available for trading on MRX and identifies if the
series is available for closing transactions only. The feed also
provides order imbalances on opening/reopening. See Options 3,
Section 23(a)(3).
\8\ Nasdaq MRX Trades Feed displays last trade information. The
data provided for each option series includes the symbols (series
and underlying security), put or call indicator, expiration date,
the strike price of the series, and whether the option series is
available for trading on MRX and identifies if the series is
available for closing transactions only. See Options 3, Section
23(a)(4).
\9\ Nasdaq MRX Spread Feed is a feed that consists of: (1)
options orders for all Complex Orders (i.e., spreads, buy-writes,
delta neutral strategies, etc.); (2)full Complex Order depth
information, including prices, side, size, capacity, Attributable
Complex Order tags when provided by a Member, and order attributes
(e.g., OCC account number, give-up information, CMTA information),
for individual Complex Orders on the Exchange book; (3) last trades
information; and (4) calculating and disseminating MRX's complex
best bid and offer position, with aggregated size (including total
size in aggregate, for Professional Order size in the aggregate and
Priority Customer Order size in the aggregate), based on displayable
Complex Order interest in the System. The feed also provides Complex
Order auction notifications. See Options 3, Section 23(a)(5).
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In addition to the proposed fees for each data feed, the Exchange
proposes an Internal Distributor Fee \10\ of $1,500 per month for the
Depth of Market Feed, Order Feed, and Top Feed, an Internal Distributor
Fee of $750 per month for the Trades Feed, and an Internal Distributor
Fee of $1,000 per month for the Spread Feed. If a Member subscribes to
both the Trades Feed and the Spread Feed, both Internal Distributor
Fees would be assessed.
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\10\ A ``distributor'' of Nasdaq MRX data is any entity that
receives a feed or data file of data directly from Nasdaq MRX or
indirectly through another entity and then distributes it either
internally (within that entity) or externally (outside that entity).
All distributors shall execute a Nasdaq Global Data Agreement.
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The Exchange also proposes to assess an External Distributor Fee of
$2,000 per month for the Depth of Market Feed, Order Feed, and Top
Feed, an External Distributor Fee of $1,000 per month for the Trades
Feed, and an External Distributor Fee of $1,500 per month for the
Spread Feed.
MRX will also assess Professional \11\ and Non-Professional \12\
subscriber fees. The Professional Subscriber fee will be $25 per month,
and the Non-Professional Subscriber fee will be $1 per month. These
subscriber fees (both Professional and Non-Professional) cover the
usage of all five MRX data products identified above and would not be
assessed separately for each product.\13\
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\11\ A Professional Subscriber is any Subscriber that is not a
Non-Professional Subscriber.
\12\ A Non-Professional Subscriber is a natural person who is
neither: (i) registered or qualified in any capacity with the
Commission, the Commodities Futures Trading Commission, any state
securities agency, any securities exchange or association, or any
commodities or futures contract market or association; (ii) engaged
as an ``investment adviser'' as that term is defined in Section
201(11) of the Investment Advisors Act of 1940 (whether or not
registered or qualified under that Act); nor (iii) employed by a
bank or other organization exempt from registration under federal or
state securities laws to perform functions that would require
registration or qualification if such functions were performed for
an organization not so exempt.
\13\ For example, if a firm has one Professional (Non-
Professional) Subscriber accessing Top Quote Feed, Order, and Depth
of Market Feed the firm would only report the Subscriber once and
pay $25 ($1 for Non-Professional).
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MRX also proposes a Non-Display Enterprise License for $7,500 per
month. This license would lower costs for internal professional
subscribers and lower administrative costs overall by permitting the
distribution of all MRX proprietary direct data feed products to an
unlimited number of internal non-display Subscribers without incurring
[[Page 11492]]
additional fees for each internal Subscriber, or requiring the customer
to count internal subscribers.\14\ The Non-Display Enterprise License
is in addition to any other associated distributor fees for MRX
proprietary direct data feed products.
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\14\ The Non-Display Enterprise License of $7,500 per month is
optional. A firm that does not have a sufficient number of
subscribers to benefit from purchase of the license need not do so.
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2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\15\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\16\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees, and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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\15\ See 15 U.S.C. 78f(b).
\16\ See 15 U.S.C. 78f(b)(4) and (5).
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The Proposal is reasonable and unlikely to burden the market in
light of MRX's small size, the nature of the fees, and the demonstrated
ability of MRX customers to cancel their subscriptions for market
data.\17\ MRX has had a consistently low percentage of market share,
starting at approximately 0.2 percent when it opened as an Exchange and
ending in approximately 1.37% in November 2022. This is the smallest
market share of the 16 operating options exchanges.
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\17\ Nasdaq announced that, beginning in 2022, it would migrate
its North American markets to Amazon Web Services in a phased
approach, starting with MRX. The MRX migration took place in
November 2022. The proposed fee changes are unrelated to that
effort.
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The proposed fees are comparable to, and in some cases less than,
those of other exchanges; in particular, the proposed MRX fees are
lower than those charged by ISE today, as well as those of the MIAX
Emerald Options Exchange, C2 Options, and NYSE American Options.
The MIAX Emerald Options Exchange charges $3,000 for internal
distribution and $3,500 for external distribution of the MIAX Order
Feed (``MOR'').\18\ The proposed MRX Order Feed is $1,500 for internal
distribution and $2,000 for external distribution.
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\18\ See MIAX Emerald Options Exchange, Fee Schedule (December
8, 2022), available at https://www.miaxoptions.com/sites/default/files/fee_schedule-files/MIAX_Emerald_Fee_Schedule_12082022c.pdf.
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C2 Options charges $2,500 per month for internal and external
distribution of its Book Depth Data Feed, plus $50 per Device or user
ID for Display Only Service Users (external users).\19\ MRX proposes to
charge $1,500 for internal distribution, and $2,000 for external
distribution, of its Depth of Market Feed.
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\19\ See Cboe U.S. Options Fee Schedule, C2 Options, BBO Data
Feed (Effective September 1, 2022), available at https://www.cboe.com/us/options/membership/fee_schedule/ctwo/.
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NYSE American Options charges an access fee of $3,000 per month for
its American Options Top, American Options Deep and American Options
Complex products, plus a multiple datafeed fee of $200, a
redistribution fee of $2,000 per month, and a Professional per user fee
of $50 per month and a Non-Professional user fee of $1 per month.\20\
MRX proposes to charge no access or multiple datafeed fees, but rather
a monthly external distributor fee of $2,000 for Top Feed, and a
monthly external distributor fee of $2,000 for its Depth of Market
Feed.
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\20\ See NYSE American Options Fee Schedule (March 1, 2022),
available at https://www.nyse.com/publicdocs/nyse/data/NYSE_American_Options_Market_Data_Fee_Schedule.pdf.
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Internal distribution fees for the Nasdaq ISE Order Feed is $3,000
per month per distributor for internal use, and $3,000 per month for
external redistribution, with additional fees for external controlled
devices.\21\ Proposed Distributor fees for the MRX Order Feed is $1,500
per month for internal distribution, and $2,000 per month for external
distribution.
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\21\ See Nasdaq ISE Rules, Options 7 (Pricing Schedule), Section
10(G) (Nasdaq ISE Order Feed).
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The Top Quote Feed for ISE is $3,000 per month per distributor for
internal use, plus additional fees; $3,000 per month per distributor
for professional external distribution, plus other charges; and $3,000
per distributor per month for external Non-Professional distribution
through a controlled device.\22\ Proposed distributor fees for the MRX
Top Feed are $1,500 per month for internal distribution, and $2,000 for
external distribution.
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\22\ See Nasdaq ISE Rules, Options 7 (Pricing Schedule), Section
10(H) (Nasdaq ISE Top Quote Feed).
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A sizeable portion of subscribers--approximately 15 percent--have
terminated their subscriptions following the implementation of the
proposed fees. As of May 2, 2022, the date that MRX initially proposed
these market data fees, MRX reported that two customers had terminated
their market data subscriptions.\23\ As of now, a total of five firms
have cancelled, amounting to approximately 15 percent of the 34
customers that had been taking MRX feeds in the first quarter of
2022.\24\ Two of the five customers had access to all five feeds: the
Depth of Market Data, the Order Feed, the Top Feed, the Trades Feed,
and the Spread Feed. The three remaining customers had access to only
two feeds: the Order Feed and the Top Feed. All five customers
cancelled all feeds that they had access to.
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\23\ See Securities Exchange Act Release No. 94901 (May 12,
2022), 87 FR 30305 (May 18, 2022) (SR-MRX-2022-04).
\24\ These terminations were limited to market data; none of
these customers were members of MRX and therefore purchased neither
memberships nor ports from the Exchange.
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Three of the five customers were either data vendors or technology
suppliers. Data vendors purchase exchange data and redistribute it to
downstream customers, while technology suppliers incorporate exchange
data into software solutions, which are sold to downstream customers.
The remaining two firms engage in options trading, either on their own
behalf or that of a customer. The three data vendors/technology
suppliers do not trade on their own behalf or on the behalf of any
downstream customs, although their customers may do so. The Exchange
understands that these three firms cancelled due to insufficient demand
from their downstream customers for MRX data. The two remaining firms,
which do engage in options trading, have not traded on MRX, but are
active traders on other Nasdaq options exchanges.
The Proposal is not unfairly discriminatory. The five market data
feeds at issue here--the Depth of Market Feed, Order Feed, Top Feed,
Trades Feed, and Spread Feed--are used by a variety of market
participants for a variety of purposes. Users include regulators,
market makers, competing exchanges, media, retail, academics, portfolio
managers. Market data feeds will be available to members of all of
these groups on a non-discriminatory basis.
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 competition not necessary or appropriate in
furtherance of the purposes of the Act.
Nothing in the Proposal burdens inter-market competition (the
competition among self-regulatory organizations) because approval of
the Proposal does not impose any burden on the ability of other options
exchanges to compete. MRX fees are comparable to, and in some cases
less than, those of other exchanges, as discussed above.
Nothing in the Proposal burdens intra-market competition (the
[[Page 11493]]
competition among consumers of exchange data) because MRX market data
is available to any customer under the same fee schedule as any other
customer, and any market participant that wishes to purchase MRX market
data can do so on a non-discriminatory basis.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\25\
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\25\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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: (i)
necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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-MRX-2023-06 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-MRX-2023-06. 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 the 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-MRX-2023-06 and should be submitted on
or before March 16, 2023.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
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\26\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03697 Filed 2-22-23; 8:45 am]
BILLING CODE 8011-01-P