Notice2026-19220
Joint Industry Plan; Notice of Filing and Immediate Effectiveness of Amendment to the National Market System Plan Governing the Consolidated Audit Trail To Add MX2 LLC as a Participant
Primary source
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Published
September 21, 2026
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 91 Issue 181 (Monday, September 21, 2026)</title>
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[Federal Register Volume 91, Number 181 (Monday, September 21, 2026)]
[Notices]
[Pages 59822-59823]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19220]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-106392; File No. 4-698]
Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment to the National Market System Plan Governing the
Consolidated Audit Trail To Add MX2 LLC as a Participant
September 16, 2026.
Pursuant to Section 11A(a)(3) of the Securities Exchange Act of
1934 (``Exchange Act'') \1\ and Rule 608 thereunder,\2\ notice is
hereby given that on September 3, 2026, MX2 LLC (``MX2'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') an amendment to the National Market System Plan
Governing the Consolidated Audit Trail (the ``CAT NMS Plan'' or
``Plan'').\3\ The amendment adds MX2 as a Participant \4\ to the CAT
NMS Plan. The Commission is publishing this notice to solicit comments
on the amendment from interested persons.
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\1\ 15 U.S.C. 78k-1(a)(3).
\2\ 17 CFR 242.608.
\3\ See Securities Exchange Act Release No. 79318 (Nov. 15,
2016), 81 FR 84696 (Nov. 23, 2016).
\4\ The Participants to the CAT NMS Plan include 24X National
Exchange, BOX Exchange LLC, Cboe BYX Exchange, Inc., Cboe BZX
Exchange, Inc., Cboe C2 Exchange, Inc., Cboe EDGA Exchange, Inc.,
Cboe EDGX Exchange, Inc., Cboe Exchange, Inc., Financial Industry
Regulatory Authority, Inc., Investors Exchange LLC, Long-Term Stock
Exchange, Inc., MEMX LLC, Miami International Securities Exchange
LLC, MIAX Emerald, LLC, MIAX PEARL, LLC, MIAX Sapphire, LLC, Nasdaq
GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, Nasdaq PHLX LLC, The
Nasdaq Stock Market LLC, Nasdaq Texas, LLC, New York Stock Exchange
LLC, NYSE American LLC, NYSE Arca, Inc., NYSE National, Inc., NYSE
Texas, Inc, and Texas Stock Exchange LLC.
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I. Description and Purpose of the Amendment
The amendment to the CAT NMS Plan adds MX2 as a Participant.\5\ The
CAT NMS Plan provides that any Person \6\ approved by the Commission as
a national securities exchange or
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national securities association under the Exchange Act may become a
Participant by submitting to the Company \7\ a completed application in
the form provided by the Company.\8\ As a condition to admission as a
Participant, said Person shall: (i) execute a counterpart of the CAT
NMS Plan, at which time Exhibit A shall be amended to reflect the
status of said Person as a Participant (including said Person's address
for purposes of notices delivered pursuant to the CAT NMS Plan); and
(ii) pay a fee to the Company as set forth in the Plan (the
``Participation Fee'').\9\ The amendment to the Plan reflecting the
admission of a new Participant shall be effective only when: (x) it is
approved by the Commission in accordance with Rule 608 or otherwise
becomes effective pursuant to Rule 608; and (y) the prospective
Participant pays the Participation Fee.\10\
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\5\ Defined in Section 1.1 of the CAT NMS Plan as follows:
```Participant'' means each Person identified as such on Exhibit A
hereto, and any Person that becomes a Participant as permitted by
this Agreement, in such Person's capacity as a Participant in the
Company (it being understood that the Participants shall comprise
the `members' of the Company (as the term `member' is defined in
Section 18-101(11) of the Delaware Act)).''
\6\ Defined in Section 1.1 of the CAT NMS Plan as follows:
``Person'' means any individual, partnership, limited liability
company, corporation, joint venture, trust, business trust,
cooperative or association and any heirs, executors, administrators,
legal representatives, successors and assigns of such Person where
the context so permits.
\7\ The ``Company'' refers to the limited liability company,
Consolidated Audit Trail, LLC, which is responsible for conducting
the activities of the CAT. See Securities Exchange Act Release No.
87149 (Sept. 27, 2019), 84 FR 52905 (Oct. 3, 2019).
\8\ See Section 3.3(a) of the CAT NMS Plan. MX2 was approved for
registration as a national securities exchange on March 13, 2025.
See Securities Exchange Act Release No. 102650 (Mar. 13, 2025), 90
FR 12590 (Mar. 18, 2025).
\9\ See Section 3.3(a) of the CAT NMS Plan.
\10\ Id.
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MX2 has executed a copy of the current CAT NMS Plan, amended to
include MX2 in the List of Parties (including the address of MX2) and
paid the applicable Participation Fee.\11\
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\11\ See Letter from Anders Franzon, General Counsel, MX LLC, to
Vanessa Countryman, Secretary, Commission (Sept. 3, 2026).
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II. Effectiveness of the Proposed Plan Amendment
The foregoing CAT NMS Plan amendment has become effective pursuant
to Rule 608(b)(3)(iii) \12\ because it involves solely technical or
ministerial matters. At any time within sixty days of the filing of
this amendment, the Commission may summarily abrogate the amendment and
require that it be refiled pursuant to paragraph (a)(1) of Rule
608,\13\ if it appears to the Commission that such action is necessary
or appropriate in the public interest, for the protection of investors
or the maintenance of fair and orderly markets, to remove impediments
to, and perfect the mechanisms of, a national market system or
otherwise in furtherance of the purposes of the Exchange Act.
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\12\ 17 CFR 242.608(b)(3)(iii).
\13\ 17 CFR 242.608(a)(1).
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III. 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 Exchange Act. Comments may be submitted
by any of the following methods:
Electronic Comments
<bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#aad8dfc6cf87c9c5c7c7cfc4ded9ead9cfc984cdc5dc"><span class="__cf_email__" data-cfemail="80f2f5ece5ade3efedede5eef4f3c0f3e5e3aee7eff6">[email protected]</span></a>. Please include
file number 4-698 on the subject line.
Paper Comments
<bullet> 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 4-698. 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 (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>).
Copies of the filing will be available for inspection and copying at
the principal office of the Exchange. 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. All submissions should
refer to file number 4-698 and should be submitted on or before October
9, 2026.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(85).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-19220 Filed 9-18-26; 8:45 am]
BILLING CODE 8011-01-P
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