[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Pages 46771-46772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16805]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-89417; File No. S7-24-89]
Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of the Forty-Eighth Amendment to the Joint Self-Regulatory Organization
Plan Governing the Collection, Consolidation and Dissemination of
Quotation and Transaction Information for Nasdaq-Listed Securities
Traded on Exchanges on an Unlisted Trading Privileges Basis
July 29, 2020.
Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given that
on June 29, 2020,\3\ the Participants \4\ in the Joint Self-Regulatory
Organization Plan Governing the Collection, Consolidation and
Dissemination of Quotation and Transaction Information for Nasdaq-
Listed Securities Traded on Exchanges on an Unlisted Trading Privileges
Basis (``UTP Plan'' or ``Plan'') filed with the Securities and Exchange
Commission (``Commission'') a proposal to amend the UTP Plan. The
amendment represents the Forty-Eighth Amendment to the Plan
(``Amendment''). Under the Amendment, the Participants propose to add
MEMX LLC (``MEMX'') as a Participant to the Plan and make a technical
correction to the Conflicts of Interest Policy pursuant to Rule
608(b)(3)(ii) under Regulation NMS.
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\1\ 15 U.S.C 78k-1(a)(3).
\2\ 17 CFR 242.608.
\3\ See Letter from Robert Books, Chairman, Operating Committee,
UTP Plan, to Vanessa A. Countryman, Secretary, Commission, dated
June 26, 2020.
\4\ The Participants are: Cboe BYX Exchange, Inc., Cboe BZX
Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc.,
Cboe Exchange, Inc., Financial Industry Regulatory Authority, Inc.,
The Investors' Exchange LLC, Long-Term Stock Exchange, Inc., MEMX
LLC, Nasdaq BX, Inc., Nasdaq ISE, LLC, Nasdaq PHLX, Inc., 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'').
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The proposed Amendment has been filed by the Participants pursuant
to Rule 608(b)(3)(ii) under Regulation NMS \5\ as concerned solely with
the administration of the Plan and as a ``Ministerial Amendment'' under
Section XVI of the Plan. As a result, the Amendment becomes effective
upon filing and was submitted by the Chair of the Plan's Operating
Committee. The Commission is publishing this notice to solicit comments
on the Amendment from interested persons. Set forth in Sections I and
II is the statement of the purpose and summary of the Amendment, along
with the information required by Rules 608(a) and 601(a) under the Act,
prepared and submitted by the Participants to the Commission.
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\5\ 17 CFR 242.608(b)(2).
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I. Rule 608(a)
A. Purpose of the Amendment
The above-captioned Amendment adds MEMX as a Participant to the UTP
Plan and makes a technical correction to the Conflicts of Interest
Policy to update a cross-reference.
B. Governing or Constituent Documents
Not applicable.
C. Implementation of Amendment
Because the Amendment constitutes a ``Ministerial Amendment'' under
Section XVI of the UTP Plan, the Chair of the UTP Plan's Operating
Committee may submit the Amendment to the Commission on behalf of the
Participants in the UTP Plan. Because the Participants designate the
Amendment as concerned solely with the administration of the UTP Plan,
the Amendment becomes effective upon filing with the Commission.
D. Development and Implementation Phases
Not applicable.
E. Analysis of Impact on Competition
The Amendment does not impose any burden on competition because it
simply adds MEMX as a Participant to the UTP Plan and makes a minor
correction to the Conflicts of Interest Policy. MEMX has completed the
required steps to be added to the UTP Plan.
F. Written Understanding or Agreements Relating to Interpretation of,
or Participation in, Plan
Not applicable.
G. Approval by Sponsors in Accordance With Plan
See Item I.C. above.
H. Description of Operation of Facility Contemplated by the Proposed
Amendment
Not applicable.
I. Terms and Conditions of Access
Not applicable.
J. Method of Determination and Imposition, and Amount of, Fees and
Charges
Not applicable.
K. Method and Frequency of Processor Evaluation
Not applicable.
L. Dispute Resolution
Not applicable.
II. Regulation NMS Rule 601(a)
A. Equity Securities for Which Transaction Reports Shall Be Required by
the Plan
Not applicable.
B. Reporting Requirements
Not applicable.
C. Manner of Collecting, Processing, Sequencing, Making Available and
Disseminating Last Sale Information
Not applicable.
[[Page 46772]]
D. Manner of Consolidation
Not applicable.
E. Standards and Methods Ensuring Promptness, Accuracy and Completeness
of Transaction Reports
Not applicable.
F. Rules and Procedures Addressed to Fraudulent or Manipulative
Dissemination
Not applicable.
G. Terms of Access to Transaction Reports
Not applicable.
H. Identification of Marketplace of Execution
Not applicable.
III. Solicitation of Comments
The Commission seeks comments on the Amendment. Interested persons
are invited to submit written data, views, and arguments concerning the
foregoing, including whether the proposed 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 S7-24-89 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 S7-24-89. 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 website (http://www.sec.gov/rules/sro.shtml). Copies of
the submission, all written statements with respect to the proposed
Amendment that are filed with the Commission, and all written
communications relating to the proposed 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 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 filing also will be available for website viewing and printing at
the principal office of the Plan. 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 S7-24-89 and should be submitted on or before August 24,
2020.
By the Commission.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-16805 Filed 7-31-20; 8:45 am]
BILLING CODE 8011-01-P