15022 Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–94314; File No. S7–08–22] 

Notice of the Text of the Proposed 

Amendments to the National Market 

System Plan Governing the 

Consolidated Audit Trail for Purposes 

of Short Sale-Related Data Collection 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Notice of the text of the 

proposed amendments to national 

market system plan. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is 

publishing notice of the text of the 

proposed amendments to the National 

Market System Plan Governing the 

Consolidated Audit Trail (‘‘CAT NMS 

Plan’’) in connection with the 

Commission’s issuance of Release No. 

34–94313, the ‘‘Short Position and Short 

Activity Reporting by Institutional 

Investment Managers’’ (the ‘‘Proposing 

Release’’). 

FOR FURTHER INFORMATION CONTACT: 

Andrew Sherman, Special Counsel; and 

David Cohen, Attorney-Advisor, Office 

of Market Supervision, Division of 

Trading and Markets; and Timothy M. 

Riley, Branch Chief; Patrice M. Pitts, 

Special Counsel; James R. Curley, 

Special Counsel; Quinn Kane, Special 

Counsel; Jessica Kloss, AttorneyAdvisor; Brendan McLeod, AttorneyAdvisor; and Josephine J. Tao, Assistant 

Director, Office of Trading Practices, 

Division of Trading and Markets, 

Securities and Exchange Commission, 

100 F Street NE, Washington, DC 20549, 

at (202) 551–5777. 

In the Proposing Release, the 

Commission is proposing for comment a 

new rule prescribing a ‘‘buy to cover’’ 

order marking requirement under 

Regulation SHO (Proposed Rule 205) (17 

CFR 242.205), as well as new Rule 13f– 

2 (Proposed Rule 13f–2) (17 CFR 

240.13f–2) and related form (Proposed 

Form SHO) (17 CFR 249.XXX) under the 

Securities Exchange Act of 1934 

(‘‘Exchange Act’’). Proposed Rule 13f–2 

would require certain institutional 

investment managers to report, on a 

monthly basis on new Proposed Form 

SHO, certain short position data and 

short activity data for certain equity 

securities as prescribed in Proposed 

Rule 13f–2. Proposed Rule 205 would 

establish a new ‘‘buy to cover’’ order 

marking requirement for certain 

purchase orders effected by a brokerdealer for its own account or for the 

account of another person at the brokerdealer. In the Proposing Release, the 

Commission is also proposing 

amendments to the CAT NMS Plan that 

would require the reporting to the 

Consolidated Audit Trail of (i) ‘‘buy to 

cover’’ order marking information and 

(ii) reliance on the bona fide market 

making exception in Regulation SHO. 

This Notice is being given of the text of 

the proposed amendments to the CAT 

NMS Plan. For a full discussion of the 

proposed amendments to the CAT NMS 

Plan, see the Proposing Release. 

To comment on the proposed 

amendments to the CAT NMS Plan 

(including the text contained in this 

notice), please provide comments to the 

rulemaking file S7–08–22, as outlined in 

the Proposing Release. 

Statutory Authority and Text of 

Amendments to the CAT NMS Plan 

Pursuant to the Exchange Act and, 

particularly, Sections 2, 3, 5, 6, 

11A(a)(3)(B), 15, 15A, 17(a) and (b), 19, 

and 23(a) thereof, 15 U.S.C. 78b, 78c, 

78e, 78f, 78k–1, 78o, 78o–3, 78q(a) and 

(b), 78s, 78w(a), and pursuant to Rule 

608(a)(2) and (b)(2) thereunder, the 

Commission proposes to amend the 

CAT NMS Plan in the manner set forth 

below. 

Amend Section 6.4 of the CAT NMS 

Plan by modifying subparagraphs 

(d)(ii)(B) and (C) and adding 

subparagraphs (d)(ii)(D) and (E). 

BILLING CODE 8011–01–P 


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Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices 15023 


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15024 Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices 

By the Commission. Dated: February 25, 2022. 

Eduardo A. Aleman, 

Deputy Secretary. 

[FR Doc. 2022–04671 Filed 3–15–22; 8:45 am] 

BILLING CODE 8011–01–C 


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