[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Notices]
[Pages 8356-8357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04084]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85230; File No. 4-698]


Joint Industry Plan; Notice of Filing and Immediate Effectiveness 
of Amendment to the Plan Governing the Consolidated Audit Trail To Add 
MIAX Emerald LLC, as a Participant

March 1, 2019.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of 
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given 
that on February 21, 2019, MIAX Emerald, LLC (``MIAX Emerald'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') an amendment to the Plan Governing the Consolidated 
Audit Trail (``Plan'').\3\ The amendment adds MIAX Emerald as a 
Participant to the 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\ The Commission approved the CAT NMS Plan on November 16, 
2016. See Securities Exchange Act Release No. 79318, 81 FR 84695 
(November 23, 2016).
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I. Description and Purpose of the Amendment

    The amendment to the CAT NMS Plan adds MIAX Emerald as a 
Participant.\4\ The CAT NMS Plan provides that any Person \5\ approved 
by the Commission as a national securities exchange or national 
securities association under the Exchange Act may become a Participant 
by submitting to the Company a completed application in the form 
provided by the Company.\6\ 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'').\7\ 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.\8\
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    \4\ See Section 1.1 of the CAT NMS Plan. The term 
``Participant'' is defined in the CAT NMS Plan as 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)). The term ``Company'' is defined in the CAT 
NMS Plan as the CAT NMS, LLC, which is the company jointly owned by 
the Participants responsible for creating, operating and maintaining 
the CAT. See Preamble and Recitals to the CAT NMS Plan.
    \5\ See Section 1.1 of the CAT NMS Plan. The term ``Person'' is 
defined as 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.
    \6\ See Section 3.3 of the CAT NMS Plan. MIAX Emerald was 
approved as a national securities exchange on December 13, 2016. See 
Securities and Exchange Act Release No. 84891, 83 FR 67421 (December 
28, 2018)(File No. 10-233).
    \7\ See Section 3.3 of the CAT NMS Plan.
    \8\ Id.
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    MIAX Emerald has executed a copy of the current CAT NMS Plan, 
amended to include MIAX Emerald in the List of Parties (including the 
address of MIAX Emerald), paid the applicable Participation Fee and 
provided each current Plan Participant with a copy of the executed and 
amended Plan.\9\
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    \9\ See Letter from Barbara J. Comly, Executive Vice President, 
General Counsel, and Corporate Secretary, dated February 19, 2019, 
to Brent J. Fields, Secretary, Commission.
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II. Effectiveness of the Proposed Linkage Plan Amendment

    The foregoing Plan amendment has become effective pursuant to Rule 
608(b)(3)(iii) \10\ because it has been designed by the sponsors as 
involving solely technical or ministerial matters. At any time within 
sixty days of the filing of this amendment, the Commission may 
summarily abrogate

[[Page 8357]]

the amendment and require that it be refiled pursuant to paragraph 
(a)(1) of Rule 608,\11\ 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 Act.
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    \10\ 17 CFR 242.608(b)(3)(iii).
    \11\ 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 amendment is 
consistent with the Act. Comments may be submitted by any of the 
following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number 4-698 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
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 (http://www.sec.gov/rules/sro.shtml). 
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 
20549-1090, on official business days between the hours of 10:00 a.m. 
and 3:00 p.m. Copies of the filing also will be available for 
inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change. Persons submitting 
comments are cautioned that we do not redact or edit personal 
identifying information from comment submissions. You should submit 
only information that you wish to make available publicly. All 
submissions should refer to File Number 4-698 and should be submitted 
on or before March 28, 2019.

    By the Commission.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-04084 Filed 3-6-19; 8:45 am]
 BILLING CODE 8011-01-P