82 FR 9250 - Joint Industry Plan; Notice of Filing and Immediate Effectiveness of Amendment to the Plan Governing the Consolidated Audit Trail To Add MIAX PEARL, LLC as a Participant

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 22 (February 3, 2017)

[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Notices]
[Pages 9250-9251]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02267]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79898; 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 PEARL, LLC as a Participant

January 30, 2017.
    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 January 12, 2017, MIAX PEARL, LLC (``MIAX PEARL'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') an amendment to the Plan Governing the Consolidated 
Audit Trail (``Plan'').\3\ The Commission approved the application of 
MIAX PEARL to register as a national securities exchange on December 
13, 2016.\4\ One of the conditions of the Commission's approval was the 
requirement for MIAX PEARL to join the CAT NMS Plan.\5\ The amendment 
adds MIAX PEARL as a Participant to the Plan.\6\ 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 15, 
2016. See Securities Exchange Act Release No. 79318, 81 FR 84695 
(Nov. 23, 2016).
    \4\ See Securities and Exchange Act Release No. 79543 (Dec. 13, 
2016), 81 FR 92901 (Dec. 20, 2016) (File No. 10-227).
    \5\ See id. 81 FR at 92916.
    \6\ See Letter from Barbara J. Comly, Executive Vice President, 
General Counsel, and Corporate Secretary, MIAX PEARL, to Brent J. 
Fields, Secretary, Commission, dated January 11, 2017.
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I. Description and Purpose of the Amendment

    The amendment to the CAT NMS Plan adds MIAX PEARL as a 
Participant.\7\ The CAT NMS Plan

[[Page 9251]]

provides that any Person \8\ 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.\9\ 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'').\10\ 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.\11\
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    \7\ 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)). As defined in the CAT NMS Plan, the name of 
the ``Company'' is CAT NMS, LLC.
    \8\ 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.
    \9\ See Section 3.3 of the CAT NMS Plan. MIAX PEARL was approved 
as a national securities exchange on December 13, 2016. See 
Securities and Exchange Act Release No. 79543, 81 FR 92901 (Dec. 20, 
2016) (File No. 10-227).
    \10\ See Section 3.3 of the CAT NMS Plan.
    \11\ Id.
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    MIAX PEARL has executed a copy of the current CAT NMS Plan, amended 
to include MIAX PEARL in the List of Parties (including the address of 
MIAX PEARL), paid the applicable Participation Fee and provided each 
current Plan Participant with a copy of the executed and amended 
Plan.\12\
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    \12\ See supra note 6.
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II. Effectiveness of the CAT NMS Plan Amendment

    The foregoing Plan amendment has become effective pursuant to Rule 
608(b)(3)(iii) \13\ 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,\14\ 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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    \13\ 17 CFR 242.608(b)(3)(iii).
    \14\ 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 Web site (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 
amendment 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 Web site 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 such filing also will be available for inspection 
and copying at the principal office of MIAX PEARL. All comments 
received will be posted without change; the Commission does not edit 
personal identifying information from 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 February 24, 2017.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02267 Filed 2-2-17; 8:45 am]
 BILLING CODE 8011-01-P