Notice2021-14012
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
Primary source
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Published
July 1, 2021
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 86 Issue 124 (Thursday, July 1, 2021)</title>
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[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Page 35142]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14012]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-92266; 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
June 25, 2021.
I. Introduction
On December 18, 2020, the Operating Committee for Consolidated
Audit Trail, LLC (``CAT LLC''), on behalf of the following parties to
the National Market System Plan Governing the Consolidated Audit Trail
(the ``CAT NMS Plan'' or ``Plan''): \1\ 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. (``FINRA''), Investors
Exchange LLC, Long-Term Stock Exchange, Inc., Miami International
Securities Exchange LLC, MEMX, LLC, MIAX Emerald, LLC, MIAX PEARL, LLC,
Nasdaq BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC,
Nasdaq PHLX LLC, 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,'' ``self-regulatory
organizations,'' or ``SROs'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') pursuant to Section 11A(a)(3) of
the Securities Exchange Act of 1934 (``Exchange Act''),\2\ and Rule 608
thereunder,\3\ a proposed amendment (``Proposed Amendment'') to the CAT
NMS Plan that would authorize CAT LLC to revise the Consolidated Audit
Trail Reporter Agreement and the Consolidated Audit Trail Reporting
Agent Agreement to insert limitation of liability provisions. The
Proposed Amendment was published for comment in the Federal Register on
January 6, 2021.\4\
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\1\ 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 (November 15, 2016), 81 FR 84696 (November 23,
2016).
\2\ 15 U.S.C. 78k-1(a)(3).
\3\ 17 CFR 242.608.
\4\ See Notice of Filing of Amendment to the National Market
System Plan Governing the Consolidated Audit Trail, Exchange Act
Release No. 90826 (December 30, 2020), 86 FR 591 (``Notice'').
Comments received in response to the Notice can be found on the
Commission's website at <a href="https://www.sec.gov/comments/4-698/4-698.htm">https://www.sec.gov/comments/4-698/4-698.htm</a>.
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On April 6, 2021, the Commission instituted proceedings to
determine whether to approve or disapprove the Proposed Amendment.\5\
Rule 608(b)(2)(i) of Regulation NMS provides that such proceedings
shall be concluded within 180 days of the date of the 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.\6\
The 180th day after publication of the Notice for the Proposed
Amendment is July 5, 2021. The Commission is extending this 180-day
period.
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\5\ See Exchange Act Release No. 91487 (April 6, 2021), 86 FR
19054 (April 12, 2021).
\6\ 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,\7\ the Commission designates September
3, 2021, as the date by which the Commission shall conclude the
proceedings to determine whether to approve or disapprove the Proposed
Amendment (File No. 4-698).
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\7\ Id.
\8\ 17 CFR 200.30-3(a)(85).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-14012 Filed 6-30-21; 8:45 am]
BILLING CODE 8011-01-P
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