Notice2022-04671
Notice of the Text of the Proposed Amendments to the National Market System Plan Governing the Consolidated Audit Trail for Purposes of Short Sale-Related Data Collection
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 16, 2022
Issuing agencies
Securities and Exchange Commission
Abstract
The Securities and Exchange Commission ("Commission") is publishing notice of the text of the proposed amendments to the National Market System Plan Governing the Consolidated Audit Trail ("CAT NMS Plan") in connection with the Commission's issuance of Release No. 34-94313, the "Short Position and Short Activity Reporting by Institutional Investment Managers" (the "Proposing Release").
Full Text
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<title>Federal Register, Volume 87 Issue 51 (Wednesday, March 16, 2022)</title>
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[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Notices]
[Pages 15022-15024]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04671]
[[Page 15021]]
Vol. 87
Wednesday,
No. 51
March 16, 2022
Part III
Securities and Exchange Commission
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Notice of the Text of the Proposed Amendments to the National Market
System Plan Governing the Consolidated Audit Trail for Purposes of
Short Sale-Related Data Collection; Notice
Federal Register / Vol. 87 , No. 51 / Wednesday, March 16, 2022 /
Notices
[[Page 15022]]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-94314; File No. S7-08-22]
Notice of the Text of the Proposed Amendments to the National
Market System Plan Governing the Consolidated Audit Trail for Purposes
of Short Sale-Related Data Collection
AGENCY: Securities and Exchange Commission.
ACTION: Notice of the text of the proposed amendments to national
market system plan.
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SUMMARY: The Securities and Exchange Commission (``Commission'') is
publishing notice of the text of the proposed amendments to the
National Market System Plan Governing the Consolidated Audit Trail
(``CAT NMS Plan'') in connection with the Commission's issuance of
Release No. 34-94313, the ``Short Position and Short Activity Reporting
by Institutional Investment Managers'' (the ``Proposing Release'').
FOR FURTHER INFORMATION CONTACT: Andrew Sherman, Special Counsel; and
David Cohen, Attorney-Advisor, Office of Market Supervision, Division
of Trading and Markets; and Timothy M. Riley, Branch Chief; Patrice M.
Pitts, Special Counsel; James R. Curley, Special Counsel; Quinn Kane,
Special Counsel; Jessica Kloss, Attorney-Advisor; Brendan McLeod,
Attorney-Advisor; and Josephine J. Tao, Assistant Director, Office of
Trading Practices, Division of Trading and Markets, Securities and
Exchange Commission, 100 F Street NE, Washington, DC 20549, at (202)
551-5777.
In the Proposing Release, the Commission is proposing for comment a
new rule prescribing a ``buy to cover'' order marking requirement under
Regulation SHO (Proposed Rule 205) (17 CFR 242.205), as well as new
Rule 13f-2 (Proposed Rule 13f-2) (17 CFR 240.13f-2) and related form
(Proposed Form SHO) (17 CFR 249.XXX) under the Securities Exchange Act
of 1934 (``Exchange Act''). Proposed Rule 13f-2 would require certain
institutional investment managers to report, on a monthly basis on new
Proposed Form SHO, certain short position data and short activity data
for certain equity securities as prescribed in Proposed Rule 13f-2.
Proposed Rule 205 would establish a new ``buy to cover'' order marking
requirement for certain purchase orders effected by a broker-dealer for
its own account or for the account of another person at the broker-
dealer. In the Proposing Release, the Commission is also proposing
amendments to the CAT NMS Plan that would require the reporting to the
Consolidated Audit Trail of (i) ``buy to cover'' order marking
information and (ii) reliance on the bona fide market making exception
in Regulation SHO. This Notice is being given of the text of the
proposed amendments to the CAT NMS Plan. For a full discussion of the
proposed amendments to the CAT NMS Plan, see the Proposing Release.
To comment on the proposed amendments to the CAT NMS Plan
(including the text contained in this notice), please provide comments
to the rulemaking file S7-08-22, as outlined in the Proposing Release.
Statutory Authority and Text of Amendments to the CAT NMS Plan
Pursuant to the Exchange Act and, particularly, Sections 2, 3, 5,
6, 11A(a)(3)(B), 15, 15A, 17(a) and (b), 19, and 23(a) thereof, 15
U.S.C. 78b, 78c, 78e, 78f, 78k-1, 78o, 78o-3, 78q(a) and (b), 78s,
78w(a), and pursuant to Rule 608(a)(2) and (b)(2) thereunder, the
Commission proposes to amend the CAT NMS Plan in the manner set forth
below.
Amend Section 6.4 of the CAT NMS Plan by modifying subparagraphs
(d)(ii)(B) and (C) and adding subparagraphs (d)(ii)(D) and (E).
BILLING CODE 8011-01-P
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By the Commission.
Dated: February 25, 2022.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2022-04671 Filed 3-15-22; 8:45 am]
BILLING CODE 8011-01-C
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