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[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Notices]
[Page 715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31767]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-102061; File No. SR-MEMX-2024-49]

Self-Regulatory Organizations; MEMX LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change To Establish Fees for 
Industry Members Related to Reasonably Budgeted CAT Costs of the 
National Market System Plan Governing the Consolidated Audit Trail for 
2025

December 31, 2024.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on December 20, 2024, MEMX LLC (``Exchange'') filed with the Securities 
and Exchange Commission (``Commission'') the proposed rule change as 
described in Item I below, which Item has been substantially prepared 
by the Exchange. The Exchange has designated this proposal for 
immediate effectiveness pursuant to Section 19(b)(3)(A) of the Act \3\ 
and Rule 19b-4(f) thereunder.\4\ The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f). At any time within 60 days of the 
filing of the proposed rule change, the Commission summarily may 
temporarily suspend such rule change if it appears to the Commission 
that such action is necessary or appropriate in the public interest, 
for the protection of investors, or otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission will institute proceedings to determine whether the 
proposed rule change should be approved or disapproved.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing with the Commission a proposed rule change 
to establish fees for Industry Members \5\ related to reasonably 
budgeted CAT costs of the National Market System Plan Governing the 
Consolidated Audit Trail (the ``CAT NMS Plan'' or ``Plan'') for 2025. 
These fees would be payable to Consolidated Audit Trail, LLC (``CAT 
LLC'' or the ``Company'') and referred to as CAT Fee 2025-1, and would 
be described in a section of the Exchange's fee schedule entitled 
``Consolidated Audit Trail Funding Fees.'' The fee rate for CAT Fee 
2025-1 would be $0.000022 per executed equivalent share. CAT Executing 
Brokers will receive their first monthly invoice for CAT Fee 2025-1 in 
February 2025 calculated based on their transactions as CAT Executing 
Brokers for the Buyer (``CEBB'') and/or CAT Executing Brokers for the 
Seller (``CEBS'') in January 2025. CAT Fee 2025-1 is anticipated to be 
in place for six months, and is anticipated to recover approximately 
one-half of the costs set forth in the reasonably budgeted CAT costs 
for 2025. CAT LLC intends for CAT Fee 2025-1 to replace CAT Fee 2024-1 
(which has a fee rate of $0.000035). The text of the proposed rule 
change is attached as Exhibit 5.
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    \5\ An ``Industry Member'' is defined as ``a member of a 
national securities exchange or a member of a national securities 
association.'' See Rule 4.5(u). See also Section 1.1 of the CAT NMS 
Plan. Unless otherwise specified, capitalized terms used in this 
rule filing are defined as set forth in the CAT NMS Plan and/or the 
CAT Compliance Rule. See Rule 4.5.
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    The proposed rule change, including the Exchange's statement of the 
purpose of, and statutory basis for, the proposed rule change, is 
available at the principal office of the Exchange, and on the 
Commission's website at https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-MEMX-2024-49.

II. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act.\6\ Comments may be submitted 
electronically by using the Commission's internet comment form (https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-MEMX-2024-49) or by 
sending an email to [email protected]. Please include file number 
SR-MEMX-2024-49 on the subject line. Alternatively, paper comments may 
be sent to Secretary, Securities and Exchange Commission, 100 F Street 
NE, Washington, DC 20549-1090. All submissions should refer to file 
number SR-MEMX-2024-49. 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 website (https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-MEMX-2024-49). Do not 
include personal identifiable information in submissions; you should 
submit only information that you wish to make available publicly. We 
may redact in part or withhold entirely from publication submitted 
material that is obscene or subject to copyright protection. All 
submissions should refer to file number SR-MEMX-2024-49 and should be 
submitted on or before January 27, 2025.
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    \6\ 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 proposed rule change 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 a.m. and 3 p.m. Copies of the filing also will be 
available for inspection and copying at the principal office of SRO.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Stephanie J. Fouse,
Assistant Secretary.
[FR Doc. 2024-31767 Filed 1-3-25; 8:45 am]
BILLING CODE 8011-01-P
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