Notice2025-00292
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Establish Fees for Industry Members Related to Reasonably Budgeted CAT Costs of the National Market System Plan Governing the Consolidated Audit Trail for 2025
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
January 10, 2025
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 90 Issue 6 (Friday, January 10, 2025)</title>
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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Notices]
[Pages 2053-2054]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00292]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-102112; File No. SR-NYSEARCA-2024-115]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Establish Fees
for Industry Members Related to Reasonably Budgeted CAT Costs of the
National Market System Plan Governing the Consolidated Audit Trail for
2025
January 3, 2025.
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 December 20, 2024, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Item I below,
which Item has been substantially prepared by the Exchange. The
Exchange has designated this proposal for immediate effectiveness
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)
thereunder.\4\ 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.
\3\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 240.19b-4(f). 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 will institute proceedings to determine whether the
proposed rule change should be approved or disapproved.
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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 the NYSE Arca Equities Fees and
Charges (``Equities Fee Schedule'') and the NYSE Arca Options Fees and
Charges (``Options Fee Schedule'') to establish fees for Industry
Members \5\ related to reasonably budgeted CAT costs of the National
Market System Plan Governing the Consolidated Audit Trail (the ``CAT
NMS Plan'' or ``Plan'') for 2025. These fees would be payable to
Consolidated Audit Trail, LLC (``CAT LLC'' or the ``Company'') and
referred to as CAT Fee 2025-1, and would be described in a section of
the Exchange's fee schedule entitled ``Consolidated Audit Trail Funding
Fees.'' The fee rate for CAT Fee 2025-1 would be $0.000022 per executed
equivalent share. CAT Executing Brokers will receive their first
monthly invoice for CAT Fee 2025-1 in February 2025 calculated based on
their transactions as CAT Executing Brokers for the Buyer (``CEBB'')
and/or CAT Executing Brokers for the Seller (``CEBS'') in January 2025.
CAT Fee 2025-1 is anticipated to be in place for six months, and is
anticipated to recover approximately one-half of the costs set forth in
the reasonably budgeted CAT costs for 2025. CAT LLC intends for CAT Fee
2025-1 to replace CAT Fee 2024-1 (which has a fee rate of $0.000035).
The text of the proposed rule change is provided in Exhibit 5.
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\5\ An ``Industry Member'' is defined as ``a member of a
national securities exchange or a member of a national securities
association.'' See NYSE Arca Rule 11.6810(u). See also Section 1.1
of the CAT NMS Plan. Unless otherwise specified, capitalized terms
used in this rule filing are defined as set forth in the CAT NMS
Plan and/or the CAT Compliance Rule. See NYSE Arca Rule 11.6810.
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The proposed rule change, including the Exchange's statement of the
purpose of, and statutory basis for, the proposed rule change, is
available at the principal office of the Exchange, and on the
Commission's website at <a href="https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-NYSEARCA-2024-115">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-NYSEARCA-2024-115</a>.
II. 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.\6\ Comments may be submitted
electronically by using the Commission's internet comment form (https:/
/www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/
national-securities-
[[Page 2054]]
exchanges?file_number=SR-NYSEARCA-2024-115) or by sending an email to
<a href="/cdn-cgi/l/email-protection#e99b9c858cc48a8684848c879d9aa99a8c8ac78e869f"><span class="__cf_email__" data-cfemail="295b5c454c044a4644444c475d5a695a4c4a074e465f">[email protected]</span></a>. Please include file number SR-NYSEARCA-2024-115
on the subject line. Alternatively, paper comments may be sent to
Secretary, Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549-1090. All submissions should refer to file number
SR-NYSEARCA-2024-115. 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 (<a href="https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-NYSEARCA-2024-115">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-NYSEARCA-2024-115</a>). Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection.
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\6\ 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 a.m. and 3 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of SRO.
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All submissions should refer to file number SR-NYSEARCA-2024-115
and should be submitted on or before January 31, 2025.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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\7\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2025-00292 Filed 1-8-25; 8:45 am]
BILLING CODE 8011-01-P
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