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)

Page Range		9250-9251
FR Document		2017-02267
Federal Register, Volume 82 Issue 22 (Friday, 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
9250 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices

2. Title and purpose of information as work for an employer depends upon information is received from the
collection: Self-Employment/Corporate the circumstances in each case. The annuitant or a reliable source that the
Officer Work and Earnings Monitoring; circumstances are prescribed in 20 CFR annuitant has recovered or returned to
OMB 3220–0202. 216.21–216–23. work. Provisions relating to when and
Section 2 of the Railroad Retirement Certain types of work may actually how often the RRB conducts disability
Act (RRA) provides for the payment of indicate an annuitant’s recovery from reviews are prescribed in 20 CFR
disability annuities to qualified disability. Regulations related to an 220.186.
employees. Section 2 also provides that annuitant’s recovery from disability for To enhance program integrity
if the Railroad Retirement Board (RRB) work are prescribed in 20 CFR 220.17– activities, the RRB utilizes Form G–252,
receives a report of an annuitant 220–20. Self-Employment/Corporate Officer
working for a railroad or earning more In addition, the RRB conducts Work and Earnings Monitoring. Form
than prescribed dollar amounts from continuing disability reviews (also G–252 obtains information from a
either nonrailroad employment or self- known as a CDR), to determine whether disability annuitant who either claims
employment, the annuity is no longer the annuitant continues to meet the to be self-employed or a corporate
payable, or can be reduced, for the disability requirements of the law. officer, or who the RRB determines to be
months worked. The regulations related Payment of disability benefits and/or a self-employed or a corporate officer after
to the nonpayment or reduction of the beneficiary’s period of disability will a continuing disability review. The
annuity by reason of work are end if medical evidence or other continuing disability review may be
prescribed in 20 CFR 220.160–164. information shows that an annuitant is prompted by a report of work, return to
Some activities claimed by the not disabled under the standards railroad service, an allegation of a
applicant as ‘‘self-employment’’ may prescribed in Section 2 of the RRA. medical improvement or a routine
actually be employment for someone Continuing disability reviews are disability review call-up. The
else (e.g., training officer, consultant, generally conducted if one or more of information gathered is used to
salesman). 20 CFR 216.22(c) states, for the following conditions are met: (1) determine entitlement and/or continued
example, that an applicant is considered The annuitant is scheduled for a routine entitlement to, and the amount of, the
an employee, and not self-employed, periodic review, (2) the annuitant disability annuity, as prescribed in 20
when acting as a corporate officer, since returns to work and successfully CFR 220.176. Completion is required to
the corporation is the applicant’s completes a trial work period, (3) retain benefits. One response is required
employer. Whether the RRB classifies a substantial earnings are posted to the of each respondent. The RRB proposes
particular activity as self-employment or annuitant’s wage record, or (4) no changes to Form G–252.

ESTIMATE OF ANNUAL RESPONDENT BURDEN
Annual Time Burden
Form No. responses (minutes) (hours)

G–252 .......................................................................................................................................... 100 20 33

Total ...................................................................................................................................... 100 ........................ 33

Additional Information or Comments: SECURITIES AND EXCHANGE securities exchange on December 13,
To request more information or to COMMISSION 2016.4 One of the conditions of the
obtain a copy of the information Commission’s approval was the
[Release No. 34–79898; File No. 4–698]
collection justification, forms, and/or requirement for MIAX PEARL to join
supporting material, contact Dana Joint Industry Plan; Notice of Filing the CAT NMS Plan.5 The amendment
Hickman at (312) 751–4981 or and Immediate Effectiveness of adds MIAX PEARL as a Participant to
Dana.Hickman@RRB.GOV. Comments Amendment to the Plan Governing the the Plan.6 The Commission is
regarding the information collection Consolidated Audit Trail To Add MIAX publishing this notice to solicit
should be addressed to Brian Foster, PEARL, LLC as a Participant comments on the amendment from
Railroad Retirement Board, 844 North interested persons.
January 30, 2017.
Rush Street, Chicago, Illinois 60611– I. Description and Purpose of the
Pursuant to Section 11A(a)(3) of the
1275 or emailed to Brian.Foster@rrb.gov. Securities Exchange Act of 1934 Amendment
Written comments should be received (‘‘Act’’) 1 and Rule 608 thereunder,2
within 60 days of this notice. The amendment to the CAT NMS
notice is hereby given that on January Plan adds MIAX PEARL as a
Brian D. Foster, 12, 2017, MIAX PEARL, LLC (‘‘MIAX Participant.7 The CAT NMS Plan
PEARL’’ or ‘‘Exchange’’) filed with the
Clearance Officer.
Securities and Exchange Commission 4 See Securities and Exchange Act Release No.
[FR Doc. 2017–02272 Filed 2–2–17; 8:45 am]
(‘‘Commission’’) an amendment to the 79543 (Dec. 13, 2016), 81 FR 92901 (Dec. 20, 2016)
BILLING CODE 7905–01–P Plan Governing the Consolidated Audit (File No. 10–227).
asabaliauskas on DSK3SPTVN1PROD with NOTICES

5 See id. 81 FR at 92916.
Trail (‘‘Plan’’).3 The Commission
6 See Letter from Barbara J. Comly, Executive Vice
approved the application of MIAX
President, General Counsel, and Corporate
PEARL to register as a national Secretary, MIAX PEARL, to Brent J. Fields,
Secretary, Commission, dated January 11, 2017.
1 15
U.S.C. 78k–1(a)(3). 7 See Section 1.1 of the CAT NMS Plan. The term
2 17
CFR 242.608. ‘‘Participant’’ is defined in the CAT NMS Plan as
3 The Commission approved the CAT NMS Plan any Person that becomes a Participant as permitted
on November 15, 2016. See Securities Exchange Act by this agreement, in such Person’s capacity as a
Release No. 79318, 81 FR 84695 (Nov. 23, 2016). Participant in the Company (it being understood

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Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices 9251

provides that any Person 8 approved by interest, for the protection of investors By the Commission.
the Commission as a national securities or the maintenance of fair and orderly Eduardo A. Aleman,
exchange or national securities markets, to remove impediments to, and Assistant Secretary.
association under the Exchange Act may perfect the mechanisms of, a national [FR Doc. 2017–02267 Filed 2–2–17; 8:45 am]
become a Participant by submitting to market system or otherwise in BILLING CODE 8011–01–P
the Company a completed application furtherance of the purposes of the Act.
in the form provided by the Company.9
As a condition to admission as a III. Solicitation of Comments SECURITIES AND EXCHANGE
Participant, said Person shall: (i) Interested persons are invited to COMMISSION
Execute a counterpart of the CAT NMS submit written data, views and [Release No. 34–79901; File Nos. SR–NYSE–
Plan, at which time Exhibit A shall be
arguments concerning the foregoing, 2016–90; SR–NYSEArca–2016–167; SR–
amended to reflect the status of said NYSEMKT–2016–122]
including whether the amendment is
Person as a Participant (including said
consistent with the Act. Comments may
Person’s address for purposes of notices Self-Regulatory Organizations; New
be submitted by any of the following
delivered pursuant to the CAT NMS York Stock Exchange LLC; NYSE Arca,
Plan); and (ii) pay a fee to the Company methods:
Inc.; NYSE MKT LLC; Order Approving
as set forth in the Plan (the Electronic Comments Proposed Rule Changes, Each as
‘‘Participation Fee’’).10 The amendment Modified by Amendment No. 1 Thereto,
to the Plan reflecting the admission of • Use the Commission’s Internet in Connection With the Proposed
a new Participant shall be effective only comment form (http://www.sec.gov/ Acquisition of National Stock
when: (x) It is approved by the rules/sro.shtml); or Exchange, Inc. by the NYSE Group,
Commission in accordance with Rule • Send an email to rule-comments@ Inc.
608 or otherwise becomes effective sec.gov. Please include File Number 4–
pursuant to Rule 608; and (y) the January 30, 2017.
698 on the subject line.
prospective Participant pays the I. Introduction
Participation Fee.11 Paper Comments
MIAX PEARL has executed a copy of On December 16, 2016, the New York
the current CAT NMS Plan, amended to • Send paper comments in triplicate Stock Exchange LLC (‘‘NYSE’’), NYSE
include MIAX PEARL in the List of to Brent J. Fields, Secretary, Securities Arca, Inc. (‘‘NYSE Arca’’), and NYSE
Parties (including the address of MIAX and Exchange Commission, 100 F Street MKT LLC (‘‘NYSE MKT’’) (collectively,
PEARL), paid the applicable NE., Washington, DC 20549–1090. the ‘‘Exchanges’’) filed with the
Participation Fee and provided each Securities and Exchange Commission
All submissions should refer to File (‘‘Commission’’), pursuant to Section
current Plan Participant with a copy of Number 4–698. This file number should
the executed and amended Plan.12 19(b)(1) of the Securities Exchange Act
be included on the subject line if email of 1934 (‘‘Exchange Act’’),1 and Rule
II. Effectiveness of the CAT NMS Plan is used. To help the Commission 19b–4 thereunder,2 proposed rule
Amendment process and review your comments changes in connection with the
The foregoing Plan amendment has more efficiently, please use only one acquisition of National Stock Exchange,
become effective pursuant to Rule method. The Commission will post all Inc. (‘‘NSX’’) by the Exchanges’ parent
608(b)(3)(iii) 13 because it involves comments on the Commission’s Internet company, the NYSE Group, Inc. (‘‘NYSE
solely technical or ministerial matters. Web site (http://www.sec.gov/rules/ Group’’). The proposed rule changes
At any time within sixty days of the sro.shtml). Copies of the submission, all were published for comment in the
filing of this amendment, the subsequent amendments, all written Federal Register on December 28,
Commission may summarily abrogate statements with respect to the proposed 2016.3 On January 23, 2017, the
the amendment and require that it be rule change that are filed with the Exchanges each filed Amendment No. 1
refiled pursuant to paragraph (a)(1) of Commission, and all written to their respective proposed rule
Rule 608,14 if it appears to the communications relating to the changes.4 The Commission received no
Commission that such action is amendment between the Commission comment letters on the proposed rule
necessary or appropriate in the public and any person, other than those that changes. This order approves the
may be withheld from the public in proposed rule changes.
that the Participants shall comprise the ‘‘members’’ accordance with the provisions of 5 The Commission has reviewed
of the Company (as the term ‘‘member’’ is defined U.S.C. 552, will be available for Web carefully the proposed rule changes and
in Section 18–101(11) of the Delaware Act)). As site viewing and printing in the
defined in the CAT NMS Plan, the name of the
finds that the proposed rule changes are
‘‘Company’’ is CAT NMS, LLC. Commission’s Public Reference Room, consistent with the requirements of the
8 See Section 1.1 of the CAT NMS Plan. The term 100 F Street NE., Washington, DC
‘‘Person’’ is defined as means any individual, 20549, on official business days 1 15 U.S.C. 78s(b)(1).
partnership, limited liability company, corporation, 2 17 CFR 240.19b–4.
joint venture, trust, business trust, cooperative or
between the hours of 10:00 a.m. and
3 See Securities Exchange Act Release Nos. 79671
association and any heirs, executors, 3:00 p.m. Copies of such filing also will
(December 22, 2016), 81 FR 96128 (‘‘NYSE Notice’’);
administrators, legal representatives, successors and be available for inspection and copying 79678 (December 22, 2016), 81 FR 96102 (May 16,
assigns of such Person where the context so at the principal office of MIAX PEARL. 2016) (‘‘NYSE Arca Notice’’); and 79675 (December
permits.
All comments received will be posted 22, 2016), 81 FR 96128 (May 16, 2016) (‘‘NYSE
asabaliauskas on DSK3SPTVN1PROD with NOTICES

9 See Section 3.3 of the CAT NMS Plan. MIAX
without change; the Commission does MKT Notice’’).
PEARL was approved as a national securities 4 In Amendment No. 1, the Exchanges updated an
exchange on December 13, 2016. See Securities and not edit personal identifying incorrect reference in the proposed amendment to
Exchange Act Release No. 79543, 81 FR 92901 (Dec. information from submissions. You the Sixth Amended and Restated Bylaws of the
20, 2016) (File No. 10–227).
10 See Section 3.3 of the CAT NMS Plan.
should submit only information that Intercontinental Exchange, Inc. Amendment No. 1
11 Id. you wish to make available publicly. All was technical in nature and therefore does not need
to be published for comment. See letters from
12 See supra note 6. submissions should refer to File Martha Redding, Associate General Counsel,
13 17 CFR 242.608(b)(3)(iii). Number 4–698 and should be submitted Assistant Secretary, NYSE, to Brent J. Fields,
14 17 CFR 242.608(a)(1). on or before February 24, 2017. Secretary, Commission, dated January 23, 2017.

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Document Created: 2018-02-01 14:35:05
Document Modified: 2018-02-01 14:35:05
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 9250