[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Notices]
[Pages 73366-73367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26045]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96382; File No. 4-698]


Joint Industry Plan; Notice of Designation of a Longer Period for 
Commission Action on a Proposed Amendment to the National Market System 
Plan Governing the Consolidated Audit Trail

November 23, 2022.
    On May 13, 2022, the Operating Committee for Consolidated Audit 
Trail, LLC (``CAT LLC''), on behalf of the Participants \1\ to the 
National Market System Plan Governing the Consolidated Audit Trail (the 
``CAT NMS Plan'' or ``Plan''),\2\ filed with the Securities and 
Exchange Commission (``Commission''), pursuant to section 11A of the 
Securities Exchange Act of 1934 (``Act'') \3\ and Rule 608 of 
Regulation National Market System (``NMS'') thereunder,\4\ a proposed 
amendment to the CAT NMS Plan (``Proposed Amendment'') to implement a 
revised funding model (``Executed Share Model'') for the consolidated 
audit trail (``CAT'') and to establish a fee schedule for Participant 
CAT fees in accordance with the Executed Share Model.\5\ The Proposed 
Amendment was published for comment in the Federal Register on June 1, 
2022.\6\
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    \1\ The Participants are: BOX Exchange LLC; Cboe BYX Exchange, 
Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX 
Exchange, Inc., Cboe C2 Exchange, Inc., Cboe Exchange, Inc., 
Financial Industry Regulatory Authority, Inc., The Investors' 
Exchange LLC, Long-Term Stock Exchange, Inc., MEMX LLC, Miami 
International Securities Exchange LLC, MIAX Emerald, LLC, MIAX 
PEARL, LLC, Nasdaq BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, 
Nasdaq MRX, LLC, Nasdaq PHLX, Inc., The Nasdaq Stock Market LLC, New 
York Stock Exchange LLC, NYSE American LLC, NYSE Arca, Inc., NYSE 
Chicago, Inc., and NYSE National, Inc. (collectively, the 
``Participants'').
    \2\ The CAT NMS Plan is a national market system plan approved 
by the Commission pursuant to Section 11A of the Exchange Act and 
the rules and regulations thereunder. See Securities Exchange Act 
Release No. 79318 (Nov. 15, 2016), 81 FR 84696 (Nov. 23, 2016) 
(``CAT NMS Plan Approval Order''). The CAT NMS Plan functions as the 
limited liability company agreement of the jointly owned limited 
liability company formed under Delaware state law through which the 
Participants conduct the activities of the CAT (``Company''). On 
August 29, 2019, the Participants replaced the CAT NMS Plan in its 
entirety with the limited liability company agreement of a new 
limited liability company named Consolidated Audit Trail, LLC (``CAT 
LLC''), which became the Company. The latest version of the CAT NMS 
Plan is available at https://catnmsplan.com/about-cat/cat-nms-plan.
    \3\ 15 U.S.C 78k-1.
    \4\ 17 CFR 242.608.
    \5\ See Letter from Michael Simon, CAT NMS Plan Operating 
Committee Chair, to Vanessa Countryman, Secretary, Commission (May 
13, 2022) (``Transmittal Letter'').
    \6\ See Securities Exchange Act Release No. 94984 (May 25, 
2022), 87 FR 33226 (``Notice''). Comments received in response to 
the Notice can be found on the Commission's website at https://www.sec.gov/comments/4-698/4-698-a.htm.
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    On August 30, 2022, the Commission instituted proceedings pursuant 
to Rule 608(b)(2)(i) of Regulation NMS \7\ to determine whether to 
disapprove the Proposed Amendment or to approve the Proposed Amendment 
with any changes or subject to any conditions the Commission deems 
necessary or appropriate.\8\ On November 16, 2022, CAT LLC submitted a 
partial amendment to the Proposed Amendment.\9\
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    \7\ 17 CFR 242.608(b)(2)(i).
    \8\ See Securities Exchange Act Release No. 95634 (Aug. 30, 
2022), 87 FR 54558 (Sept. 6, 2022) (``OIP''). Comments received in 
response to the OIP can be found on the Commission's website at 
https://www.sec.gov/comments/4-698/4-698-a.htm.
    \9\ See Letter from Michael Simon, CAT NMS Plan Operating 
Committee Chair, to Vanessa Countryman, Secretary, Commission (Nov. 
15, 2022).
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    Rule 608(b)(2)(i) of Regulation NMS provides that proceedings to 
determine whether a plan or amendment should be disapproved shall be 
concluded within 180 days of the date of publication of notice of the 
plan or amendment and that the time for conclusion of such proceedings 
may be extended for up to 60 days (up to 240 days from the date of 
notice publication) if the Commission determines that a longer period 
is appropriate and publishes the reasons for such determination or the 
plan participants consent to a longer period.\10\ The 180th day after 
publication of the Notice for the Proposed Amendment is November 28, 
2022. The Commission is extending this 180-day period.
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    \10\ 17 CFR 242.608(b)(2)(i).
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    The Commission finds that it is appropriate to designate a longer 
period within which to conclude proceedings regarding the Proposed 
Amendment so that it has sufficient time to consider the Proposed 
Amendment and the comments received. Accordingly, pursuant to Rule 
608(b)(2)(i) of Regulation NMS,\11\ the Commission designates January 
27, 2023 as the date by which the Commission shall conclude the 
proceedings to determine whether to approve or disapprove the

[[Page 73367]]

Proposed Amendment or to approve the Proposed Amendment with any 
changes or subject to any conditions the Commission deems necessary or 
appropriate (File No. 4-698).
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    \11\ Id.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(85).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-26045 Filed 11-28-22; 8:45 am]
BILLING CODE 8011-01-P


