Joint Industry Plan; Notice of Withdrawal of Amendment to the National Market System Plan Governing the Consolidated Audit Trail, 64294-64295 [2022-23071]

Download as PDF 64294 Federal Register / Vol. 87, No. 204 / Monday, October 24, 2022 / Notices CERTIFICATION OF REGISTERED PERSONNEL—Continued MEMX .............................................. MIAX ................................................ MIAX PEARL ................................... MIAX Emerald ................................. GEMX .............................................. MRX ................................................ PHLX ............................................... NYSE ARCA ................................... BX .................................................... Nasdaq ............................................ Rule 2.5 Interpretation .01(c) and 11.4(e). Rule 1302. Rule 1302. Rule 1302. [Rule 602]Options 10, Section 3. [Rule 602]Options 10, Section 3. [Rule 1024]Options 10, Section 6. [Options] Rules 9.27–O(a), [Equities Rule] 9.27–E(a) and 2.1220(b). [Chapter XI, Section 2 and Chapter II, Section 2(h)]Options 10, Section 3. [Chapter XI, Section 2 and Chapter II, Section 2(h)]Options 10, Section 3. * Cboe Options rule incorporated by reference into C2 Rulebook. V. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing. Comments may be submitted by any of the following methods: lotter on DSK11XQN23PROD with NOTICES1 Electronic Comments • Use the Commission’s internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number S7– 966 on the subject line. Paper Comments • 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 S7–966. 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 plan that are filed with the Commission, and all written communications relating to the proposed plan 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 10:00 a.m. and 3:00 p.m. Copies of the plan also will be available for inspection and copying at the principal offices of BZX, BOX, C2, ISE, FINRA, MIAX, Nasdaq, BX, NYSE American, NYSE Arca, PHLX, GEMX, EDGX, MRX, MIAX PEARL, MIAX Emerald, and MEMX. All comments VerDate Sep<11>2014 17:07 Oct 21, 2022 Jkt 259001 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 S7–966 and should be submitted on or before November 14, 2022. V. Discussion The Commission continues to believe that the proposed plan is an achievement in cooperation among the SRO participants. The Plan, as amended, will reduce unnecessary regulatory duplication by allocating to the designated SRO the responsibility for certain options-related sales practice matters that would otherwise be performed by multiple SROs. The plan promotes efficiency by reducing costs to firms that are members of more than one of the SRO participants. In addition, because the SRO participants coordinate their regulatory functions in accordance with the plan, the plan promotes, and will continue to promote, investor protection. Under paragraph (c) of Rule 17d–2, the Commission may, after appropriate notice and comment, declare a plan, or any part of a plan, effective. In this instance, the Commission believes that appropriate notice and comment can take place after the proposed amendment is effective. The primary purpose of the amendment is to add MEMX as a Participant and to reflect the name changes of certain Participating Organizations. By declaring it effective today, the amended Plan can become effective and be implemented without undue delay. The Commission notes that the prior version of this plan immediately prior to this proposed amendment was published for comment and the Commission did not receive any PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 comments thereon.26 Furthermore, the Commission does not believe that the amendment to the plan raises any new regulatory issues that the Commission has not previously considered. VI. Conclusion This order gives effect to the amended Plan submitted to the Commission that is contained in File No. S7–966. It is therefore ordered, pursuant to Section 17(d) of the Act, that the Plan, as amended, filed with the Commission pursuant to Rule 17d–2 on September 20, 2022, is hereby approved and declared effective. It is further ordered that those SRO participants that are not the DOEA as to a particular common member are relieved of those regulatory responsibilities allocated to the common member’s DOEA under the amended Plan to the extent of such allocation. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.27 J. Matthew DeLesDernier, Deputy Secretary. [FR Doc. 2022–22988 Filed 10–21–22; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–96102; File No. 4–698] Joint Industry Plan; Notice of Withdrawal of Amendment to the National Market System Plan Governing the Consolidated Audit Trail October 19, 2022. I. Introduction On May 20, 2022, the Operating Committee for Consolidated Audit Trail, LLC (‘‘CAT LLC’’), on behalf of the following parties to the National Market 26 See Securities Exchange Act Release No. 85106 (February 12, 2019), 84 FR 4554 (February 15, 2019). 27 17 CFR 200.30–3(a)(34). E:\FR\FM\24OCN1.SGM 24OCN1 Federal Register / Vol. 87, No. 204 / Monday, October 24, 2022 / Notices System Plan Governing the Consolidated Audit Trail (the ‘‘CAT NMS Plan’’): 1 BOX Exchange LLC; Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe C2 Exchange, Inc., Cboe Exchange, Inc., Financial Industry Regulatory Authority, Inc., Investors Exchange LLC, Long-Term Stock Exchange, Inc., Miami International Securities Exchange LLC, MEMX 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 American LLC, NYSE Arca, Inc., NYSE Chicago, Inc., and NYSE National, Inc. (collectively, the ‘‘Participants’’) filed with the Securities and Exchange Commission (‘‘Commission’’) pursuant to Section 11A(a)(3) of the Exchange Act,2 and Rule 608 thereunder,3 a proposed amendment (‘‘Proposed Amendment’’) to the CAT NMS Plan that would authorize CAT LLC to revise the Consolidated Audit Trail Reporter Agreement and the Consolidated Audit Trail Reporter Agent Agreement by: (1) removing the arbitration provision from each agreement and replacing it with a forum selection provision, which would require that any dispute regarding CAT reporting be filed in a United States District Court for the Southern District of New York, or, in the absence of federal subject matter jurisdiction, a New York State Supreme Court within the First Judicial Department; (2) adding a jury waiver provision; (3) adding a disclaimer of warranties clause; and (4) revising the existing choice of law clause to provide that any dispute will be governed by federal law (in addition to New York law).4 The Proposed Amendment was published for lotter on DSK11XQN23PROD with NOTICES1 1 The CAT NMS Plan is a national market system plan approved by the Commission pursuant to Section 11A of the Securities Exchange Act of 1934 (‘‘Exchange Act’’) and the rules and regulations thereunder. See Securities Exchange Act Release No. 79318 (Nov. 15, 2016), 81 FR 84696 (Nov. 23, 2016). The CAT NMS Plan functions as the limited liability company agreement of the jointly owned limited liability company (CAT LLC) formed under Delaware state law through which the Participants conduct the activities of the CAT. On August 29, 2019, the Participants replaced the CAT NMS Plan in its entirety with the limited liability company agreement of a new limited liability company named Consolidated Audit Trail, LLC. The latest version of the CAT NMS Plan is available at https:// catnmsplan.com/about-cat/cat-nms-plan. 2 15 U.S.C. 78k–1(a)(3). 3 17 CFR 242.608. 4 See Letter from Michael Simon, Chair, CAT NMS Plan Operating Committee, to Vanessa Countryman, Secretary, Commission, dated May 20, 2022. VerDate Sep<11>2014 17:07 Oct 21, 2022 Jkt 259001 comment in the Federal Register on June 9, 2022.5 The Commission is publishing this notice to reflect that on September 6, 2022, prior to the end of the 90-day period provided for in Exchange Act Rule 608(b)(2)(i),6 the Participants withdrew the Proposed Amendment.7 By the Commission. J. Matthew DeLesDernier, Deputy Secretary. BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #17677 and #17678; ILLINOIS Disaster Number IL–00071] Presidential Declaration of a Major Disaster for the State of Illinois Small Business Administration. Notice. AGENCY: This is a Notice of the Presidential declaration of a major disaster for the State of Illinois (FEMA– 4676–DR), dated 10/14/2022. Incident: Severe Storm and Flooding. Incident Period: 07/25/2022 through 07/28/2022. DATES: Issued on 10/14/2022. Physical Loan Application Deadline Date: 12/13/2022. Economic Injury (EIDL) Loan Application Deadline Date: 07/14/2023. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President’s major disaster declaration on 10/14/2022, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: SUMMARY: 5 See Notice of Filing of Amendment to the National Market System Plan Governing the Consolidated Audit Trail, Securities Exchange Act Release No. 95031 (June 3, 2022), 87 FR 35273 (June 9, 2022) (‘‘Notice’’). Comments received in response to the Notice can be found on the Commission’s website at https://www.sec.gov/comments/4-698/4698-b.htm. 6 17 CFR 242.608(b)(2)(i). 7 See Letter from Michael Simon, Chair, CAT NMS Plan Operating Committee, to Vanessa Countryman, Secretary, Commission, dated September 6, 2022. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 Primary Counties (Physical Damage and Economic Injury Loans): Saint Clair. Contiguous Counties (Economic Injury Loans Only): Illinois: Clinton, Madison, Monroe, Randolph, Washington. Missouri: Saint Louis, Saint Louis City. The Interest Rates are: Percent [FR Doc. 2022–23071 Filed 10–21–22; 8:45 am] ACTION: 64295 For Physical Damage: Homeowners with Credit Available Elsewhere ...................... Homeowners without Credit Available Elsewhere .............. Businesses with Credit Available Elsewhere ...................... Businesses without Credit Available Elsewhere .............. Non-Profit Organizations with Credit Available Elsewhere ... Non-Profit Organizations without Credit Available Elsewhere ..................................... For Economic Injury: Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere .............. Non-Profit Organizations without Credit Available Elsewhere ..................................... 3.375 1.688 5.870 2.935 1.875 1.875 2.935 1.875 The number assigned to this disaster for physical damage is 17677 6 and for economic injury is 17678 0. (Catalog of Federal Domestic Assistance Number 59008) Rafaela Monchek, Acting Associate Administrator for Disaster Assistance. [FR Doc. 2022–23060 Filed 10–21–22; 8:45 am] BILLING CODE 8026–09–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #17644 and #17645; FLORIDA Disaster Number FL–00178] Presidential Declaration Amendment of a Major Disaster for the State of Florida Small Business Administration. Amendment 6. AGENCY: ACTION: This is an amendment of the Presidential declaration of a major disaster for the State of Florida (FEMA– 4673–DR), dated 09/29/2022. Incident: Hurricane Ian. Incident Period: 09/23/2022 and continuing. SUMMARY: Issued on 10/14/2022. Physical Loan Application Deadline Date: 11/28/2022. Economic Injury (EIDL) Loan Application Deadline Date: 06/29/2023. ADDRESSES: Submit completed loan applications to: U.S. Small Business DATES: E:\FR\FM\24OCN1.SGM 24OCN1

Agencies

[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Notices]
[Pages 64294-64295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23071]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96102; File No. 4-698]


Joint Industry Plan; Notice of Withdrawal of Amendment to the 
National Market System Plan Governing the Consolidated Audit Trail

October 19, 2022.

I. Introduction

    On May 20, 2022, the Operating Committee for Consolidated Audit 
Trail, LLC (``CAT LLC''), on behalf of the following parties to the 
National Market

[[Page 64295]]

System Plan Governing the Consolidated Audit Trail (the ``CAT NMS 
Plan''): \1\ BOX Exchange LLC; Cboe BYX Exchange, Inc., Cboe BZX 
Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc., 
Cboe C2 Exchange, Inc., Cboe Exchange, Inc., Financial Industry 
Regulatory Authority, Inc., Investors Exchange LLC, Long-Term Stock 
Exchange, Inc., Miami International Securities Exchange LLC, MEMX 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 American LLC, NYSE Arca, 
Inc., NYSE Chicago, Inc., and NYSE National, Inc. (collectively, the 
``Participants'') filed with the Securities and Exchange Commission 
(``Commission'') pursuant to Section 11A(a)(3) of the Exchange Act,\2\ 
and Rule 608 thereunder,\3\ a proposed amendment (``Proposed 
Amendment'') to the CAT NMS Plan that would authorize CAT LLC to revise 
the Consolidated Audit Trail Reporter Agreement and the Consolidated 
Audit Trail Reporter Agent Agreement by: (1) removing the arbitration 
provision from each agreement and replacing it with a forum selection 
provision, which would require that any dispute regarding CAT reporting 
be filed in a United States District Court for the Southern District of 
New York, or, in the absence of federal subject matter jurisdiction, a 
New York State Supreme Court within the First Judicial Department; (2) 
adding a jury waiver provision; (3) adding a disclaimer of warranties 
clause; and (4) revising the existing choice of law clause to provide 
that any dispute will be governed by federal law (in addition to New 
York law).\4\ The Proposed Amendment was published for comment in the 
Federal Register on June 9, 2022.\5\
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    \1\ The CAT NMS Plan is a national market system plan approved 
by the Commission pursuant to Section 11A of the Securities Exchange 
Act of 1934 (``Exchange Act'') and the rules and regulations 
thereunder. See Securities Exchange Act Release No. 79318 (Nov. 15, 
2016), 81 FR 84696 (Nov. 23, 2016). The CAT NMS Plan functions as 
the limited liability company agreement of the jointly owned limited 
liability company (CAT LLC) formed under Delaware state law through 
which the Participants conduct the activities of the CAT. On August 
29, 2019, the Participants replaced the CAT NMS Plan in its entirety 
with the limited liability company agreement of a new limited 
liability company named Consolidated Audit Trail, LLC. The latest 
version of the CAT NMS Plan is available at https://catnmsplan.com/about-cat/cat-nms-plan.
    \2\ 15 U.S.C. 78k-1(a)(3).
    \3\ 17 CFR 242.608.
    \4\ See Letter from Michael Simon, Chair, CAT NMS Plan Operating 
Committee, to Vanessa Countryman, Secretary, Commission, dated May 
20, 2022.
    \5\ See Notice of Filing of Amendment to the National Market 
System Plan Governing the Consolidated Audit Trail, Securities 
Exchange Act Release No. 95031 (June 3, 2022), 87 FR 35273 (June 9, 
2022) (``Notice''). Comments received in response to the Notice can 
be found on the Commission's website at https://www.sec.gov/comments/4-698/4-698-b.htm.
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    The Commission is publishing this notice to reflect that on 
September 6, 2022, prior to the end of the 90-day period provided for 
in Exchange Act Rule 608(b)(2)(i),\6\ the Participants withdrew the 
Proposed Amendment.\7\
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    \6\ 17 CFR 242.608(b)(2)(i).
    \7\ See Letter from Michael Simon, Chair, CAT NMS Plan Operating 
Committee, to Vanessa Countryman, Secretary, Commission, dated 
September 6, 2022.

    By the Commission.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-23071 Filed 10-21-22; 8:45 am]
BILLING CODE 8011-01-P
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