[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Notices]
[Pages 64011-64012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17278]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-100631; 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 MIAX Sapphire, LLC as a Participant

July 31, 2024.
    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 July 30, 2024, MIAX Sapphire, LLC (``MIAX Sapphire'' or the 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') an amendment to the National Market System Plan 
Governing the Consolidated Audit Trail (``CAT NMS Plan'' or 
``Plan'').\3\ The amendment adds MIAX Sapphire 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\ The Commission approved the CAT NMS Plan on November 16, 
2016. See Securities Exchange Act Release No. 79318, 81 FR 84695 
(November 23, 2016) (order approving the CAT NMS Plan).
    \4\ The Participants to the CAT NMS Plan are: 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; 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 Arca, Inc.; NYSE American LLC; NYSE 
Chicago, Inc.; and NYSE National, Inc.
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I. Description and Purpose of the Amendment

    The amendment to the CAT NMS Plan adds MIAX Sapphire as a 
Participant.\5\ The CAT NMS Plan provides that any Person \6\ 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 \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 (September 27, 2019), 84 FR 52905 (October 3, 2019).
    \8\ See Section 3.3 of the CAT NMS Plan. MIAX Sapphire was 
approved as a national securities exchange on July 15, 2024. See 
Securities Exchange Act Release No. 100539 (July 15, 2024), 89 FR 
58848 (July 19, 2024).
    \9\ See Section 3.3 of the CAT NMS Plan.
    \10\ Id.
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    MIAX Sapphire has executed a copy of the current CAT NMS Plan, 
amended to include MIAX Sapphire in the List of Parties (including the 
address of MIAX Sapphire), paid the applicable Participation Fee and 
provided each current Plan Participant with a copy of the executed and 
amended CAT NMS Plan.\11\
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    \11\ See Letter from Gregory P. Ziegler, Vice President, Senior 
Counsel, MIAX Sapphire, LLC, dated July 30, 2024, to Vanessa 
Countryman, Secretary, U.S. Securities and Exchange Commission.
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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 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 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 (https://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 Secretary, Securities 
and Exchange

[[Page 64012]]

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 (https://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, 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 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 
August 27, 2024.

    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. 2024-17278 Filed 8-5-24; 8:45 am]
BILLING CODE 8011-01-P