Securities and Exchange Commission
- [Release No. 34-93437; File Nos. SR-BX-2021-018; SR-C2-2021-008; SR-CBOE-2021-030; SR-CboeBYX-2021-011; SR-CboeBZX-2021-034; SR-CboeEDGA-2021-010; SR-CboeEDGX-2021-024; SR-GEMX-2021-03; SR-ISE-2021-08; SR-MRX-2021-05; SR-NASDAQ-2021-029; SR-PHLX-2021-25]
On April 21, 2021, Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe C2 Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe Exchange, Inc., NASDAQ BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, NASDAQ PHLX LLC, The NASDAQ Stock Market LLC (collectively, the “Nasdaq and Cboe Participants”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) [1] and Rule 19b-4 thereunder,[2] proposed rule changes [3] to adopt a fee schedule to ( printed page 60525) establish fees for Industry Members [4] related to the National Market System Plan Governing the Consolidated Audit Trail (“CAT NMS Plan”).[5] The proposed rule changes were immediately effective upon filing with the Commission pursuant to Section 19(b)(3)(A) of the Act.[6] The proposed rule changes were published for comment in the Federal Register on May 10, 2021.[7] On June 17, 2021, the Commission temporarily suspended and initiated proceedings to determine whether to approve or disapprove the proposed rule changes.[8] The Commission has received no comments on the proposed rule changes.
Section 19(b)(2) of the Act [9] provides that, after instituting proceedings, the Commission shall issue an order approving or disapproving a proposed rule change not later than 180 days after the date of publication of notice of filing of the proposed rule change.[10] The Commission may, however, extend the period for issuing an order approving or disapproving the proposed rule change by not more than 60 days if the Commission determines that a longer period is appropriate and publishes the reasons for such determination.[11] The 180th day for the proposed rule changes is November 6, 2021.
The Commission is extending the 180-day time period for Commission action on each of the proposed rule changes. The Commission finds it appropriate to designate a longer period within which to issue an order approving or disapproving the proposed rule changes so that it has sufficient time to consider the proposed rule changes.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the Act,[12] designates January 5, 2022 as the date by which the Commission shall either approve or disapprove the proposed rule changes (File Nos. SR-BX-2021-018; SR-C2-2021-008; SR-CBOE-2021-030; SR-CboeBYX-2021-011; SR-CboeBZX-2021-034; SR-CboeEDGA-2021-010; SR-CboeEDGX-2021-024; SR-GEMX-2021-03; SR-ISE-2021-08; SR-MRX-2021-05; SR-NASDAQ-2021-029; SR-PHLX-2021-25).
October 27, 2021.For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13
J. Matthew DeLesDernier,
Assistant Secretary.