[Federal Register Volume 85, Number 15 (Thursday, January 23, 2020)]
[Notices]
[Pages 4028-4040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01032]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-87988; File No. SR-NYSECHX-2020-01]
Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of
Filing of Proposed Rule Change, as Modified by Amendment No. 1 Thereto,
To Amend the Rule 6.6800 Series, the Exchange's Compliance Rule
Regarding the National Market System Plan Governing the Consolidated
Audit Trail
January 16, 2020.
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 January 3, 2020, the NYSE Chicago, Inc. (``NYSE Chicago'' or
``Exchange'') filed with the
[[Page 4029]]
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the self-regulatory organization. On January 14, 2020,
the Exchange filed Amendment No. 1 to the proposal. The Commission is
publishing this notice to solicit comments on the proposed rule change,
as modified by Amendment No. 1, from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the Rule 6.6800 Series, the
Exchange's compliance rule (``Compliance Rule'') regarding the National
Market System Plan Governing the Consolidated Audit Trail (the ``CAT
NMS Plan'' or ``Plan'') \3\ to be consistent with certain proposed
amendments to and exemptions from the CAT NMS Plan as well as to
facilitate the retirement of certain existing regulatory systems. The
proposed change is available on the Exchange's website at www.nyse.com,
at the principal office of the Exchange, and at the Commission's Public
Reference Room.
---------------------------------------------------------------------------
\3\ Unless otherwise specified, capitalized terms used in this
rule filing are defined as set forth in the Compliance Rule.
---------------------------------------------------------------------------
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of this proposed rule change is to amend the Rule
6.6800 Series, the Compliance Rule regarding the CAT NMS Plan to be
consistent with certain proposed amendments to and exemptions from the
CAT NMS Plan as well as to facilitate the retirement of certain
existing regulatory systems.
This Amendment No. 1 amends and replaces in its entirety the
original proposal filed by the Exchange on January 3, 2020. The
Exchange submits this Amendment No. 1 in order to make a technical
correction to the text of the proposed rule change by deleting the word
``Plan'' from current Rules 6.6810(dd) and (kk) to maintain consistency
with the definitions in the Compliance Rule of the Exchange's
affiliates, New York Stock Exchange LLC, NYSE American LLC, NYSE Arca,
Inc. and NYSE National, Inc.
As described more fully below, the proposed rule change would make
the following changes to the Compliance Rule:
Revise data reporting requirements for the Firm Designated
ID;
Add additional data elements to the CAT reporting
requirements for Industry Members to facilitate the retirement of the
Financial Industry Regulatory Authority, Inc.'s (``FINRA'') Order Audit
Trail System (``OATS'');
Add additional data elements related to OTC Equity
Securities that FINRA currently receives from ATSs that trade OTC
Equity Securities for regulatory oversight purposes to the CAT
reporting requirements for Industry Members;
Implement a phased approach for Industry Member reporting
to the CAT (``Phased Reporting'');
Revise the CAT reporting requirements regarding cancelled
trades and SRO-Assigned Market Participant Identifiers of clearing
brokers, if applicable, in connection with order executions, as such
information will be available from FINRA's trade reports submitted to
the CAT;
To the extent that any Industry Member's order handling or
execution systems utilize time stamps in increments finer than
milliseconds, revise the timestamp granularity requirement to require
such Industry Member to record and report Industry Member Data to the
Central Repository with time stamps in such finer increment up to
nanoseconds;
Revise the reporting requirements to address circumstances
in which an Industry Member uses an established trading relationship
for an individual Customer (rather than an account) on the order
reported to the CAT; and
Revise the CAT reporting requirements so Industry Members
would not be required to report to the Central Repository dates of
birth, SSNs or account numbers for individuals.
i. Firm Designated ID
The Participants filed with the Commission a proposed amendment to
the CAT NMS Plan to amend the requirements for Firm Designated IDs in
two ways: (1) To prohibit the use of account numbers as Firm Designated
IDs for trading accounts that are not proprietary accounts; and (2) to
require that the Firm Designated ID for a trading account be persistent
over time for each Industry Member so that a single account may be
tracked across time within a single Industry Member.\4\ As a result,
the Exchange proposes to amend the definition of ``Firm Designated ID''
in Rule 6.6810 to reflect the changes to the CAT NMS Plan regarding the
requirements for Firm Designated IDs.
---------------------------------------------------------------------------
\4\ See Letter to Vanessa Countryman, Secretary, SEC, from
Michael Simon, CAT NMS Plan Operating Committee Chair re: Notice of
Filing of Amendment to the National Market System Plan Governing the
Consolidated Audit Trail (Nov. 20, 2019).
---------------------------------------------------------------------------
Rule 6.6810(r) (previously Rule 6.6810(q)) defines the term ``Firm
Designated ID'' to mean ``a unique identifier for each trading account
designated by Industry Members for purposes of providing data to the
Central Repository, where each such identifier is unique among all
identifiers from any given Industry Member for each business date.''
The Exchange proposes to amend the definition of a ``Firm
Designated ID'' in proposed Rule 6.6810(r) to provide that Industry
Members may not use account numbers as the Firm Designated ID for
trading accounts that are not proprietary accounts. Specifically, the
Participants propose to add the following to the definition of a Firm
Designated ID: ``provided, however, such identifier may not be the
account number for such trading account if the trading account is not a
proprietary account.''
In addition, the Exchange proposes to amend the definition a ``Firm
Designated ID'' in proposed Rule 6.6810(r) to require a Firm Designated
ID assigned by an Industry Member to a trading account to be persistent
over time, not for each business day.\5\ To effect this change, the
Exchange proposes to amend the definition of ``Firm Designated ID'' in
proposed Rule 6.6810(r) to add ``and persistent'' after ``unique'' and
delete ``for each business date'' so that the definition of ``Firm
Designated ID'' would read, in relevant part, as follows:
---------------------------------------------------------------------------
\5\ If an Industry Member assigns a new account number or entity
identifier to a client or customer due to a merger, acquisition or
some other corporate action, then the Industry Member should create
a new Firm Designated ID to identify the new account identifier/
entity identifier in use at the Industry Member for the entity.
a unique and persistent identifier for each trading account
designated by Industry Members for purposes of providing data to the
Central Repository, where each such
[[Page 4030]]
identifier is unique among all identifiers from any given Industry
Member.
ii. CAT-OATS Data Gaps
The Participants have worked to identify gaps between data reported
to existing systems and data to be reported to the CAT to ``ensure that
by the time Industry Members are required to report to the CAT, the CAT
will include all data elements necessary to facilitate the rapid
retirement of duplicative systems.'' \6\ As a result of this process,
the Participants identified several data elements that must be included
in the CAT reporting requirements before existing systems can be
retired. In particular, the Participants identified certain data
elements that are required by OATS, but not currently enumerated in the
CAT NMS Plan. Accordingly, the Exchange proposes to amend its
Compliance Rule to include these OATS data elements in the CAT. Each of
such OATS data elements are discussed below. The addition of these OATS
data elements to the CAT will facilitate the retirement of OATS.
---------------------------------------------------------------------------
\6\ Letter from Participants to Brent J. Fields, Secretary, SEC,
re: File Number 4-698; Notice of Filing of the National Market
System Plan Governing the Consolidated Audit Trail (September 23,
2016) at 21 (``Participants' Response to Comments'') (available at
https://www.sec.gov/comments/4-698/4698-32.pdf).
---------------------------------------------------------------------------
A. Information Barrier Identification
The FINRA OATS rules require OATS Reporting Members \7\ to record
the identification of information barriers for certain order events,
including when an order is received or originated, transmitted to a
department within the OATS Reporting Member, and when it is modified.
The Participants propose to amend the CAT NMS Plan to incorporate these
requirements into the CAT.
---------------------------------------------------------------------------
\7\ An OATS ``Reporting Member'' is defined in FINRA Rule
7410(o).
---------------------------------------------------------------------------
Specifically, FINRA Rule 7440(b)(20) requires a FINRA OATS
Reporting Member to record the following when an order is received or
originated: ``if the member is relying on the exception provided in
Rule 5320.02 with respect to the order, the unique identification of
any appropriate information barriers in place at the department within
the member where the order was received or originated.'' \8\ The
Compliance Rule does not require Industry Members to report such
information barrier information. To address this OATS-CAT data gap, the
Exchange proposes to add new paragraph (a)(1)(A)(vii) to Rule 6.6830,
which would require Industry Members to record and report to the
Central Repository, for original receipt or origination of an order,
``the unique identification of any appropriate information barriers in
place at the department within the Industry Member where the order was
received or originated.''
---------------------------------------------------------------------------
\8\ FINRA Rule 5320 prohibits trading ahead of customer orders.
---------------------------------------------------------------------------
In addition, FINRA Rule 7440(c)(1) states that ``[w]hen a Reporting
Member transmits an order to a department within the member, the
Reporting Member shall record: . . . (H) if the member is relying on
the exception provided in Rule 5320.02 with respect to the order, the
unique identification of any appropriate information barriers in place
at the department within the member to which the order was
transmitted.'' The Compliance Rule does not require Industry Members to
report such information barrier information. To address this OATS-CAT
data gap, the Exchange proposes to revise paragraph (a)(1)(B)(vi) of
Rule 6.6830 to require, for the routing of an order, if routed
internally at the Industry Member, ``the unique identification of any
appropriate information barriers in place at the department within the
Industry Member to which the order was transmitted.''
FINRA Rule 7440(c)(2)(B) and 7440(c)(4)(B) require an OATS
Reporting Member that receives an order transmitted from another member
to report the unique identification of any appropriate information
barriers in place at the department within the member to which the
order was transmitted. The Compliance Rule not require Industry Members
to report such information barrier information. To address this OATS-
CAT data gap, the Exchange proposes to add new paragraph (a)(1)(C)(vii)
to Rule 6.6830, which would require Industry Members to record and
report to the Central Repository, for the receipt of an order that has
been routed, ``the unique identification of any appropriate information
barriers in place at the department within the Industry Member which
received the order.''
FINRA Rule 7440(d)(1) requires an OATS Reporting Member that
modifies or receives a modification to the terms of an order to report
the unique identification of any appropriate information barriers in
place at the department within the member to which the modification was
originated or received. The Compliance Rule does not require Industry
Members to report such information barrier information. To address this
OATS-CAT data gap, the Exchange proposes to add new paragraph
(a)(1)(D)(vii) to Rule 6.6830, which would require Industry Members to
record and report to the Central Repository, if the order is modified
or cancelled, ``the unique identification of any appropriate
information barriers in place at the department within the Industry
Member which received or originated the modification.''
B. Reporting Requirements for ATSs
Under FINRA Rule 4554, ATSs that receive orders in NMS stocks are
required to report certain order information to OATS, which FINRA uses
to reconstruct ATS order books and perform order-based surveillance,
including layering, spoofing, and mid-point pricing manipulation
surveillance.\9\ The Participants believe that Industry Members
operating ATSs--whether such ATS trades NMS stocks or OTC Equity
Securities--should likewise be required to report this information to
the CAT. Because ATSs that trade NMS stocks are already recording this
information and reporting it to OATS, the Participants believe that
reporting the same information to the CAT should impose little burden
on these ATSs. Moreover, including this information in the CAT is also
necessary for FINRA to be able to retire the OATS system. The
Participants similarly believe that obtaining the same information from
ATSs that trade OTC Equity Securities will be important for purposes of
reconstructing ATS order books and surveillance. Accordingly, the
Exchange proposes to add to the data reporting requirements in the
Compliance Rule the reporting requirements for alternative trading
systems (``ATSs'') in FINRA Rule 4554,\10\ but to expand such
requirements so that they are applicable to all ATSs rather than solely
to ATSs that trade NMS stocks.
---------------------------------------------------------------------------
\9\ See FINRA Regulatory Notice 16-28 (Nov. 2016).
\10\ FINRA Rule 4554 was approved by the SEC on May 10, 2016,
while the CAT NMS Plan was pending with the Commission. See
Securities Exchange Act Release No. 77798 (May 10, 2016), 81 FR
30395 (May 16, 2016) (Order Approving SR-FINRA-2016-010). As noted
in the Participants' Response to Comments, throughout the process of
developing the Plan, the Participants worked to keep the gap
analyses for OATS, electronic blue sheets, and the CAT up-to-date,
which included adding data fields related to the tick size pilot and
ATS order book amendments to the OATS rules. See Participants'
Response to Comments at 21. However, due to the timing of the
expiration of the tick size pilot, the Participants decided not to
include those data elements into the CAT NMS Plan.
---------------------------------------------------------------------------
(i) New Definition
The Exchange proposes to add a definition of ``ATS'' to new
paragraph (d) in Rule 6.6810 to facilitate the addition to the Plan of
the reporting requirements for ATSs set forth in
[[Page 4031]]
FINRA Rule 4554. The Exchange proposes to define an ``ATS'' to mean
``an alternative trading system, as defined in Rule 300(a)(1) of
Regulation ATS under the Exchange Act.''
(ii) ATS Order Type
FINRA Rule 4554(b)(5) requires the following information to be
recorded and reported to FINRA by ATSs when reporting receipt of an
order to OATS:
A unique identifier for each order type offered by the ATS. An
ATS must provide FINRA with (i) a list of all of its order types 20
days before such order types become effective and (ii) any changes
to its order types 20 days before such changes become effective. An
identifier shall not be required for market and limit orders that
have no other special handling instructions.
The Compliance Rule does not require Industry Members to report
such order type information to the Central Repository. To address this
OATS-CAT data gap, the Exchange proposes to incorporate these
requirements into four new provisions to the Compliance Rule:
Paragraphs (a)(1)(A)(xi)(1), (a)(1)(C)(x)(1), (a)(1)(D)(ix)(1) and
(a)(2)(D) of Rule 6.6830.
Proposed paragraph (a)(1)(A)(xi)(1) of Rule 6.6830 would require an
Industry Member that operates an ATS to record and report to the
Central Repository for the original receipt or origination of an order
``the ATS's unique identifier for the order type of the order.''
Proposed paragraph (a)(1)(C)(x)(1) of Rule 6.6830 would require an
Industry Member that operates an ATS to record and report to the
Central Repository for the receipt of an order that has been routed
``the ATS's unique identifier for the order type of the order.''
Proposed paragraph (a)(1)(D)(ix)(1) of Rule 6.6830 would require an
Industry Member that operates an ATS to record and report to the
Central Repository if the order is modified or cancelled ``the ATS's
unique identifier for the order type of the order.'' Furthermore,
proposed paragraph (a)(2)(D) of Rule 6.6830 would state that:
An Industry Member that operates an ATS must provide to the Central
Repository:
(1) A list of all of its order types twenty (20) days before such
order types become effective; and (ii) any changes to its order types
twenty (20) days before such changes become effective. An identifier
shall not be required for market and limit orders that have no other
special handling instructions.
(iii) National Best Bid and Offer
FINRA Rules 4554(b)(6) and (7) require the following information to
be recorded and reported to FINRA by ATSs when reporting receipt of an
order to OATS:
(6) The NBBO (or relevant reference price) in effect at the time of
order receipt and the timestamp of when the ATS recorded the effective
NBBO (or relevant reference price); and
(7) Identification of the market data feed used by the ATS to
record the NBBO (or other reference price) for purposes of subparagraph
(6). If for any reason, the ATS uses an alternative feed than what was
reported on its ATS data submission, the ATS must notify FINRA of the
fact that an alternative source was used, identify the alternative
source, and specify the date(s), time(s) and securities for which the
alternative source was used.
Similarly, FINRA Rule 4554(c) requires the following information to
be recorded and reported to FINRA by ATSs when reporting the execution
of an order to OATS:
(1) The NBBO (or relevant reference price) in effect at the time of
order execution;
(2) The timestamp of when the ATS recorded the effective NBBO (or
relevant reference price); and
(3) Identification of the market data feed used by the ATS to
record the NBBO (or other reference price) for purposes of subparagraph
(1). If for any reason, the ATS uses an alternative feed than what was
reported on its ATS data submission, the ATS must notify FINRA of the
fact that an alternative source was used, identify the alternative
source, and specify the date(s), time(s) and securities for which the
alternative source was used.
The Compliance Rule does not require Industry Members to report
such NBBO information to the Central Repository. To address this OATS-
CAT data gap, the Exchange proposes to incorporate these requirements
into four new provisions to the Compliance Rule: (a)(1)(A)(xi)(2)-(3),
(a)(1)(C)(x)(2)-(3), (a)(1)(D)(ix)(2)-(3) and (a)(1)(E)(viii)(1)-(2) of
Rule 6.6830.
Specifically, proposed paragraph (a)(1)(A)(xi)(2)-(3) of Rule
6.6830 would require an Industry Member that operates an ATS to record
and report to the Central Repository the following information when
reporting the original receipt or origination of order:
(2) The National Best Bid and National Best Offer (or relevant
reference price) at the time of order receipt or origination, and the
date and time at which the ATS recorded such National Best Bid and
National Best Offer (or relevant reference price);
(3) the identification of the market data feed used by the ATS to
record the National Best Bid and National Best Offer (or relevant
reference price) for purposes of subparagraph (xi)(2). If for any
reason the ATS uses an alternative market data feed than what was
reported on its ATS data submission, the ATS must provide notice to the
Central Repository of the fact that an alternative source was used,
identify the alternative source, and specify the date(s), time(s) and
securities for which the alternative source was used.
Similarly, proposed paragraphs (a)(1)(C)(x)(2)-(3),
(a)(1)(D)(ix)(2)-(3) and (a)(1)(E)(viii)(1)-(2) of Rule 6.6830 would
require an Industry Member that operates an ATS to record and report to
the Central Repository the same information when reporting receipt of
an order that has been routed, when reporting if the order is modified
or cancelled, and when an order has been executed, respectively.
(iv) Sequence Numbers
FINRA Rule 4554(d) states that ``[f]or all OATS-reportable event
types, all ATSs must record and report to FINRA the sequence number
assigned to the order event by the ATS's matching engine.'' The
Compliance Rule does not require Industry Members to report ATS
sequence numbers to the Central Repository. To address this OATS-CAT
data gap, the Exchange proposes to incorporate this requirement
regarding ATS sequence numbers into each of the Reportable Events for
the CAT. Specifically, the Exchange proposes to add new paragraph
(a)(1)(A)(xi)(4) to Rule 6.6830, which would require an Industry Member
that operates an ATS to record and report to the Central Repository
``the sequence number assigned to the receipt or origination of the
order by the ATS's matching engine.'' The Exchange proposes to add new
paragraph (a)(1)(B)(viii) to Rule 6.6830, which would require an
Industry Member that operates an ATS to record and report to the
Central Repository ``the sequence number assigned to the routing of the
order by the ATS's matching engine.'' The Exchange also proposes to add
new paragraph (a)(1)(C)(x)(4) to Rule 6.6830, which would require an
Industry Member that operates an ATS to record and report to the
Central Repository ``the sequence number assigned to the receipt of the
order by the ATS's matching engine.'' In addition, the Exchange
proposes to add new paragraph (a)(1)(D)(x)(4) to Rule 6.6830, which
would require an Industry Member that operates an ATS to record and
report to the Central Repository ``the sequence number assigned to the
modification or cancellation of the order by the ATS's matching
engine.'' Finally,
[[Page 4032]]
the Exchange proposes to add new paragraph (a)(1)(E)(viii)(3) to Rule
6.6830, which would require an Industry Member that operates an ATS to
record and report to the Central Repository ``the sequence number
assigned to the execution of the order by the ATS's matching engine.''
(v) Modification or Cancellation of Orders by ATSs
FINRA Rule 4554(f) states that ``[f]or an ATS that displays
subscriber orders, each time the ATS's matching engine re-prices a
displayed order or changes the display quantity of a displayed order,
the ATS must report to OATS the time of such modification,'' and ``the
applicable new display price or size.'' The Exchange proposes adding a
comparable requirement into new paragraph (a)(1)(D)(ix)(5) to Rule
6.6830. Specifically, proposed new paragraph (a)(1)(D)(ix)(5) of Rule
6.6830 would require an Industry Member that operates an ATS to report
to the Central Repository, if the order is modified or cancelled,
``each time the ATS's matching engine re-prices an order or changes the
quantity of an order,'' the ATS must report to the Central Repository
``the time of such modification, and the applicable new price or
size.'' Proposed new paragraph (a)(1)(D)(ix)(5) of Rule 6.6830 would
apply to all ATSs, not just ATSs that display orders.
(vi) Display of Subscriber Orders
FINRA Rule 4554(b)(1) requires the following information to be
recorded and reported to FINRA by ATSs when reporting receipt of an
order to OATS:
Whether the ATS displays subscriber orders outside the ATS
(other than to alternative trading system employees). If an ATS does
display subscriber orders outside the ATS (other than to alternative
trading system employees), indicate whether the order is displayed
to subscribers only or through publicly disseminated quotation
data);
The Compliance Rule does not require Industry Members to report to
the CAT such information about the displaying of subscriber orders. The
Exchange proposes to add comparable requirements into new paragraphs
(a)(1)(A)(xi)(5) and (a)(1)(C)(x)(5) of Rule 6.6830. Specifically,
proposed new paragraph (a)(1)(A)(xi)(5) would require an Industry
Member that operates an ATS to report to the Central Repository, for
the original receipt or origination of an order,
whether the ATS displays subscriber orders outside the ATS
(other than to alternative trading system employees). If an ATS does
display subscriber orders outside the ATS (other than to alternative
trading system employees), indicate whether the order is displayed
to subscribers only or through publicly disseminated quotation data.
Similarly, proposed new paragraph (a)(1)(C)(x)(5) would require an
Industry Member that operates an ATS to record and report to the
Central Repository the same information when reporting receipt of an
order that has been routed.
C. Customer Instruction Flag
FINRA Rule 7440(b)(14) requires a FINRA OATS Reporting Member to
record the following when an order is received or originated: ``any
request by a customer that a limit order not be displayed, or that a
block size limit order be displayed, pursuant to applicable rules.''
The Compliance Rule does not require Industry Members to report to the
CAT such a customer instruction flag. To address this OATS-CAT data
gap, the Exchange proposes to add new paragraph (a)(1)(A)(viii) to Rule
6.6830, which would require Industry Members to record and report to
the Central Repository, for original receipt or origination of an
order, ``any request by a Customer that a limit order not be displayed,
or that a block size limit order be displayed, pursuant to applicable
rules.'' The Exchange also proposes to add new paragraph (a)(1)(C)(ix)
to Rule 6.6830, which would require Industry Members to record and
report to the Central Repository, for the receipt of an order that has
been routed, ``any request by a Customer that a limit order not be
displayed, or that a block size limit order be displayed, pursuant to
applicable rules.''
FINRA Rule 7440(d)(1) requires an OATS Reporting Member that
modifies or receives a modification of an order to report the customer
instruction flag. The Compliance Rule does not require Industry Members
to report such a customer instruction flag. To address this OATS-CAT
data gap, the Exchange proposes to add new paragraph (a)(1)(D)(viii) to
Rule 6.6830, which would require Industry Members to record and report
to the Central Repository, if the order is modified or cancelled, ``any
request by a Customer that a limit order not be displayed, or that a
block size limit order be displayed, pursuant to applicable rules.''
D. Department Type
FINRA Rules 7440(b)(4) and (5) require an OATS Reporting Member
that receives or originates an order to record the following
information: ``the identification of any department or the
identification number of any terminal where an order is received
directly from a customer'' and ``where the order is originated by a
Reporting Member, the identification of the department of the member
that originates the order.'' The Compliance Rule does not require
Industry Members to report to the CAT information regarding the
department or terminal where the order is received or originated. To
address this OATS-CAT data gap, the Exchange proposes to add new
paragraph (a)(1)(A)(ix) to Rule 6.6830, which would require Industry
Members to record and report to the Central Repository upon the
original receipt or origination of an order ``the nature of the
department or desk that originated the order, or received the order
from a Customer.''
Similarly, per FINRA Rules 7440(c)(2)(B) and (4)(B), when an OATS
Reporting Member receives an order that has been transmitted by another
Member, the receiving OATS Reporting Member is required to record the
information required in 7440(b)(4) and (5) described above as
applicable. The Compliance Rule does not require Industry Members to
report to the CAT information regarding the department that received an
order. To address this OATS-CAT data gap, the Exchange propose to add
new paragraph (a)(1)(C)(viii) to Rule 6.6830, which would require
Industry Members to record and report to the Central Repository upon
the receipt of an order that has been routed ``the nature of the
department or desk that received the order.''
E. Account Holder Type
FINRA Rule 7440(b)(18) requires an OATS Reporting Member that
receives or originates an order to record the following information:
``the type of account, i.e., retail, wholesale, employee, proprietary,
or any other type of account designated by FINRA, for which the order
is submitted.'' The Compliance Rule does not require Industry Members
to report to the CAT information regarding the type of account holder
for which the order is submitted. To address this OATS-CAT data gap,
the Exchange proposes to add new paragraph (a)(1)(A)(x) to Rule 6.6830,
which would require Industry Members to record and report to the
Central Repository upon the original receipt or origination of an order
``the type of account holder for which the order is submitted.''
iii. OTC Equity Securities
The Participants have identified several data elements related to
OTC Equity Securities that FINRA currently
[[Page 4033]]
receive from ATSs that trade OTC Equity Securities for regulatory
oversight purposes, but are not currently included in CAT Data. In
particular, the Participants identified three data elements that need
to be added to the CAT: (1) Bids and offers for OTC Equity Securities;
(2) a flag indicating whether a quote in OTC Equity Securities is
solicited or unsolicited; and (3) unpriced bids and offers in OTC
Equity Securities. The Participants believe that such data will
continue to be important for regulators to oversee the OTC Equity
Securities market when using the CAT. Moreover, the Participants do not
believe that the proposed requirement would burden ATSs because they
currently report this information to FINRA and thus the reporting
requirement would merely shift from FINRA to the CAT. Accordingly, as
discussed below, the Exchange proposes to amend its Compliance Rule to
include these data elements.
A. Bids and Offers for OTC Equity Securities
In performing its current regulatory oversight, FINRA receives a
data feed of the best bids and offers in OTC Equity Securities from
ATSs that trade OTC Equity Securities. These best bid and offer data
feeds for OTC Equity Securities are similar to the best bid and offer
SIP Data required to be collected by the Central Repository with regard
to NMS Securities.\11\ Accordingly, the Exchange proposes to add new
paragraph (f)(1) to Rule 6.6830 to require the reporting of the best
bid and offer data feeds for OTC Equity Securities to the CAT.
Specifically, proposed new paragraph (f)(1) of Rule 6.6830 would
require each Industry Member that operates an ATS that trades OTC
Equity Securities to provide to the Central Repository ``the best bid
and best offer for each OTC Equity Security traded on such ATS.''
---------------------------------------------------------------------------
\11\ Section 6.5(a)(ii) of the CAT NMS Plan.
---------------------------------------------------------------------------
B. Unsolicited Bid or Offer Flag
FINRA also receives from ATSs that trade OTC Equity Securities an
indication whether each bid or offer in OTC Equity Securities on such
ATS was solicited or unsolicited. Therefore, the Exchange proposes to
add new paragraph (f)(2) to Rule 6.6830 to require the reporting to the
CAT of an indication as to whether a bid or offer was solicited or
unsolicited. Specifically, proposed new paragraph (f)(2) of Rule 6.6830
would require each Industry Member that operates an ATS that trades OTC
Equity Securities to provide to the Central Repository ``an indication
of whether each bid and offer for OTC Equity Securities was solicited
or unsolicited.''
C. Unpriced Bids and Offers
FINRA receives from ATSs that trade OTC Equity Securities certain
unpriced bids and offers for each OTC Equity Security traded on the
ATS. Therefore, the Exchange proposes to add new paragraph (f)(3) to
Rule 6.6830, which would require each Industry Member that operates an
ATS that trades OTC Equity Securities to provide to the Central
Repository ``the unpriced bids and offers for each OTC Equity Security
traded on such ATS.''
iv. Revised Industry Member Reporting Timeline
The Participants intend to file with the Commission a request for
exemptive relief from certain provisions of the CAT NMS Plan to allow
for the implementation of phased reporting to the CAT by Industry
Members (``Phased Reporting''). Specifically, in their exemptive
request, the Participants request that the SEC exempt each Participant
from the requirement in Section 6.7(a)(v) for each Participant, through
its Compliance Rule, to require its Large Industry Members to report to
the Central Repository Industry Member Data within two years of the
Effective Date (that is, by November 15, 2018). In addition, the
Participants request that the SEC exempt each Participant from the
requirement in Section 6.7(a)(vi) for each Participant, through its
Compliance Rule, to require its Small Industry Members to report to the
Central Repository Industry Member Data within three years of the
Effective Date (that is, by November 15, 2019). Correspondingly, the
Participants request that the SEC provide an exemption from the
requirement in Section 6.4 that ``[t]he requirements for Industry
Members under this Section 6.4 shall become effective on the second
anniversary of the Effective Date in the case of Industry Members other
than Small Industry Members, or the third anniversary of the Effective
Date in the case of Small Industry Members.''
As a condition to these proposed exemptions, each Participant would
implement Phased Reporting through its Compliance Rule by requiring:
(1) Its Large Industry Members and its Small Industry OATS
Reporters to commence reporting to the Central Repository Phase 2a
Industry Member Data by April 20, 2020, and its Small Industry Non-OATS
Reporters to commence reporting to the Central Repository Phase 2a
Industry Member Data by December 13, 2021;
(2) its Large Industry Members to commence reporting to the Central
Repository Phase 2b Industry Member Data by May 18, 2020, and its Small
Industry Members to commence reporting to the Central Repository Phase
2b Industry Member Data by December 13, 2021;
(3) its Large Industry Members to commence reporting to the Central
Repository Phase 2c Industry Member Data by April 26, 2021, and its
Small Industry Members to commence reporting to the Central Repository
Phase 2c Industry Member Data by December 13, 2021;
(4) its Large Industry Members and Small Industry Members to
commence reporting to the Central Repository Phase 2d Industry Member
Data by December 13, 2021; and
(5) its Large Industry Members and Small Industry Members to
commence reporting to the Central Repository Phase 2e Industry Member
Data by July 11, 2022.
The full scope of CAT Data will be required to be reported when all
five phases of the Phased Reporting have been implemented.
As a further condition to these exemptions, each Participant
proposes to implement the testing timelines, described in Section F
below, through its Compliance Rule by requiring the following:
(1) Industry Member file submission and data integrity testing for
Phases 2a and 2b begins in December 2019.
(2) Industry Member testing of the Reporter Portal, including data
integrity error correction tools and data submissions, begins in
February 2020.
(3) The Industry Member test environment will be open with intra-
firm linkage validations to Industry Members for both Phases 2a and 2b
in April 2020.
(4) The Industry Member test environment will be open to Industry
Members with inter-firm linkage validations for both Phases 2a and 2b
in July 2020.
(5) The Industry Member test environment will be open to Industry
Members with Phase 2c functionality (full representative order
linkages) in January 2021.
(6) The Industry Member test environment will be open to Industry
Members with Phase 2d functionality (manual options orders, complex
options orders, and options allocations) in June 2021.
(7) Participant exchanges that support options market making
quoting will begin accepting Quote Sent Time on quotes from Industry
Members no later than April 2020.
[[Page 4034]]
(8) The Industry Member test environment (customer and account
information) will be open to Industry Members in January 2022.
As a result, the Exchange proposes to amend its Compliance Rule to
be consistent with the proposed exemptive relief to implement Phased
Reporting as described below.
A. Phase 2a
In the first phase of Phased Reporting, referred to as Phase 2a,
Large Industry Members and Small Industry OATS Reporters would be
required to report to the Central Repository ``Phase 2a Industry Member
Data'' by April 20, 2020.\12\ To implement the Phased Reporting for
Phase 2a, the Exchange proposes to amend paragraph (t) of Rule 6.6810
(previously paragraph (s)) and amend paragraphs (c)(1) and (2) of Rule
6.6895.
---------------------------------------------------------------------------
\12\ Small Industry Members that are not required to record and
report information to FINRA's OATS pursuant to applicable SRO rules
(``Small Industry Non-OATS Reporters'') would be required to report
to the Central Repository ``Phase 2a Industry Member Data'' by
December 13, 2021, which is twenty months after Large Industry
Members and Small Industry OATS Reporters begin reporting.
---------------------------------------------------------------------------
(i) Scope of Reporting in Phase 2a
To implement the Phased Reporting with respect to Phase 2a, the
Exchange proposes to add a definition of ``Phase 2a Industry Member
Data'' as new paragraph (t)(1) of Rule 6.6830. Specifically, the
Exchange proposes to define the term ``Phase 2a Industry Member Data''
as ``Industry Member Data required to be reported to the Central
Repository commencing in Phase 2a as set forth in the Technical
Specifications.'' Phase 2a Industry Member Data would include Industry
Member Data solely related to Eligible Securities that are equities.
The following summarizes categories of Industry Member Data required
for Phase 2a; the full requirements are set forth in the Industry
Member Technical Specifications.\13\
---------------------------------------------------------------------------
\13\ The items required to be reported commencing in Phase 2a do
not include the items required to be reported in Phase 2c, as
discussed below.
---------------------------------------------------------------------------
Phase 2a Industry Member Data would include all events and
scenarios covered by OATS. FINRA Rule 7440 describes the OATS
requirements for recording information, which includes information
related to the receipt or origination of orders, order transmittal, and
order modifications, cancellations and executions. Large Industry
Members and Small Industry OATS Reporters would be required to submit
data to the CAT for these same events and scenarios during Phase 2a.
The inclusion of all OATS events and scenarios in the CAT is intended
to facilitate the retirement of OATS.
Phase 2a Industry Member Data also would include Reportable Events
for:
Proprietary orders, including market maker orders, for
Eligible Securities that are equities; electronic quotes in listed
equity Eligible Securities (i.e., NMS stocks) sent to a national
securities exchange or FINRA's Alternative Display Facility (``ADF'');
electronic quotes in unlisted Eligible Securities (i.e.,
OTC Equity Securities) received by an Industry Member operating an
interdealer quotation system (``IDQS''); and
electronic quotes in unlisted Eligible Securities sent to
an IDQS or other quotation system not operated by a Participant or
Industry Member.
Phase 2a Industry Member Data would include Firm Designated IDs.
During Phase 2a, Industry Members would be required to report Firm
Designated IDs to the CAT, as required by paragraphs (a)(1)(A)(i), and
(a)(2)(C) of Rule 6.6830. Paragraph (a)(1)(A)(i) of Rule 6.6830
requires Industry Members to submit the Firm Designated ID for the
original receipt or origination of an order. Paragraph (a)(2)(C) of
Rule 6.6830 requires Industry Members to record and report to the
Central Repository, for original receipt and origination of an order,
the Firm Designated ID if the order is executed, in whole or in part.
In Phase 2a, Industry Members would be required to report all
street side representative orders, including both agency and
proprietary orders and mark such orders as representative orders,
except in certain limited exceptions as described in the Industry
Member Technical Specifications. A representative order is an order
originated in a firm owned or controlled account, including principal,
agency average price and omnibus accounts, by an Industry Member for
the purpose of working one or more customer or client orders.
In Phase 2a, Industry Members would be required to report the link
between the street side representative order and the order being
represented when: (1) The representative order was originated
specifically to represent a single order received either from a
customer or another broker-dealer; and (2) there is (a) an existing
direct electronic link in the Industry Member's system between the
order being represented and the representative order and (b) any
resulting executions are immediately and automatically applied to the
represented order in the Industry Member's system.
Phase 2a Industry Member Data also would include the manual and
Electronic Capture Time for Manual Order Events. Specifically, for each
Reportable Event in Rule 6.6830, Industry Members would be required to
provide a timestamp pursuant to Rule 6.6860. Rule 6.6860(b)(i) states
that
Each Industry Member may record and report: Manual Order Events
to the Central Repository in increments up to and including one
second, provided that each Industry Members shall record and report
the time when a Manual Order Event has been captured electronically
in an order handling and execution system of such Industry Member
(``Electronic Capture Time'') in milliseconds.
Accordingly, for Phase 2a, Industry Members would be required to
provide both the manual and Electronic Capture Time for Manual Order
Events.\14\
---------------------------------------------------------------------------
\14\ Industry Members would be required to provide an Electronic
Capture Time following the manual capture time only for new orders
that are Manual Order Events and, in certain instances, routes that
are Manual Order Events. The Electronic Capture Time would not be
required for other Manual Order Events.
---------------------------------------------------------------------------
Industry Members would be required to report special handling
instructions for the original receipt or origination of an order during
Phase 2a. In addition, during Phase 2a, Industry Members will be
required to report, when routing an order, whether the order was routed
as an intermarket sweep order (``ISO''). Industry Members would be
required to report special handling instructions on routes other than
ISOs in Phase 2c, rather than in Phase 2a.
In Phase 2a, Industry Members would not be required to report
modifications of a previously routed order in certain limited
instances. Specifically, if a trader or trading software modifies a
previously routed order, the routing firm is not required to report the
modification of an order route if the destination to which the order
was routed is a CAT Reporter that is required to report the
corresponding order activity. If, however, the order was modified by a
Customer or other non-CAT Reporter, and subsequently the routing
Industry Members sends a modification to the destination to which the
order was originally routed, then the routing Industry Member must
report the modification of the order route.\15\ In addition, in Phase
2a, Industry Members would not be required to report a cancellation of
an order received from a Customer after the order has been executed.
---------------------------------------------------------------------------
\15\ This approach is comparable to the approach set forth in
OATS Compliance FAQ 35.
---------------------------------------------------------------------------
(ii) Timing of Phase 2a Reporting
Pursuant to paragraph (c)(1) of Rule 6.6895, Large Industry Members
are required to begin reporting to the CAT
[[Page 4035]]
by November 15, 2018. To implement the Phased Reporting for Phase 2b
for Large Industry Members, the Exchange proposes to replace paragraph
(c)(1) of Rule 6.6895 with new paragraph (c)(1)(A) of Rule 6.6895,
which would state, in relevant part, that ``Each Industry Member (other
than a Small Industry Member) shall record and report the Industry
Member Data to the Central Repository, as follows: (A) Phase 2a
Industry Member Data by April 20, 2020.''
Pursuant to paragraph (c)(2) of Rule 6.6895, Small Industry Members
are required to begin reporting to the CAT by November 15, 2019. To
implement the Phased Reporting for Phase 2a for Small Industry Members,
the Exchange proposes to replace paragraph (c)(2) of Rule 6.6895 with
new paragraphs (c)(2)(A) and (B) of Rule 6.6895. Proposed new paragraph
(c)(2)(A) of Rule 6.6895 would state that
Each Industry Member that is a Small Industry Member shall
record and report the Industry Member Data to the Central
Repository, as follows: (A) Small Industry Members that are required
to record or report information to FINRA's Order Audit Trail System
pursuant to applicable SRO rules (``Small Industry OATS Reporter'')
to report to the Central Repository Phase 2a Industry Member data by
April 20, 2020.
Proposed new paragraph (c)(2)(B) of Rule 6.6895 would state that
``Small Industry Members that are not required to record or report
information to FINRA's Order Audit Trail System pursuant to applicable
SRO rules (``Small Industry Non-OATS Reporter'') to report to the
Central Repository Phase 2a Industry Member Data by December 13,
2021.''
B. Phase 2b
In the second phase of the Phased Reporting, referred to as Phase
2b, Large Industry Members would be required to report to the Central
Repository ``Phase 2b Industry Member Data'' by May 18, 2020. Small
Industry Members would be required to report to the Central Repository
``Phase 2b Industry Member Data'' by December 13, 2021, which is
nineteen months after Large Industry Members begin reporting such data
to the Central Repository. To implement the Phased Reporting for Phase
2b, the Exchange proposes to add new paragraph (t)(2) to Rule 6.6810
and amend paragraphs (c)(1) and (2) of Rule 6.6895.
(i) Scope of Phase 2b Reporting
To implement the Phased Reporting with respect to Phase 2b, the
Exchange proposes to add a definition of ``Phase 2b Industry Member
Data'' as new paragraph (t)(2) of Rule 6.6830. Specifically, the
Exchange proposes to define the term ``Phase 2b Industry Member Data''
as ``Industry Member Data required to be reported to the Central
Repository commencing in Phase 2b as set forth in the Technical
Specifications.'' Phase 2b Industry Member Data is described in detail
in the Industry Member Technical Specifications for Phase 2b. The
following summarizes the categories of Industry Member Data required
for Phase 2b; the full requirements are set forth in the Industry
Member Technical Specifications.
Phase 2b Industry Member Data would include Industry Member Data
related to Eligible Securities that are options and related to simple
electronic option orders, excluding electronic paired option
orders.\16\ A simple electronic option order is an order to buy or sell
a single option that is not related to or dependent on any other
transaction for pricing and timing of execution that is either received
or routed electronically by an Industry Member. Electronic receipt of
an order is defined as the initial receipt of an order by an Industry
Member in electronic form in standard format directly into an order
handling or execution system. Electronic routing of an order is the
routing of an order via electronic medium in standard format from one
Industry Member's order handling or execution system to an exchange or
another Industry Member. An electronic paired option order is an
electronic option order that contains both the buy and sell side that
is routed to another Industry Member or exchange for crossing and/or
price improvement as a single transaction on an exchange. Responses to
auctions of simple orders and paired simple orders are also reportable
in Phase 2b.
---------------------------------------------------------------------------
\16\ The items required to be reported in Phase 2b do not
include the items required to be reported in Phase 2d, as discussed
below in Section A.4.
---------------------------------------------------------------------------
Furthermore, combined orders in options would be treated in Phase
2b in the same way as equity representative orders are treated in Phase
2a. A combined order would mean, as permitted by Exchange rules, a
single, simple order in Listed Options created by combining individual,
simple orders in Listed Options from a customer with the same exchange
origin code before routing to an exchange. During Phase 2b, the single
combined order sent to an exchange must be reported and marked as a
combined order, but the linkage to the underlying orders is not
required to be reported until Phase 2d.
(ii) Timing of Phase 2b Reporting
Pursuant to paragraph (c)(1) of Rule 6.6895, Large Industry Members
are required to begin reporting to the CAT by November 15, 2018. To
implement the Phased Reporting for Phase 2b for Large Industry Members,
the Exchange proposes to replace paragraph (c)(1) of Rule 6.6895 with
new paragraph (c)(1)(B) of Rule 6.6895, which would state, in relevant
part, that ``Each Industry Member (other than a Small Industry Member)
shall record and report the Industry Member Data to the Central
Repository, as follows: . . . (B) Phase 2b Industry Member Data by May
18, 2020.''
Pursuant to paragraph (c)(2) of Rule 6.6895, Small Industry Members
are required to begin reporting to the CAT by November 15, 2019. To
implement the Phased Reporting for Phase 2b for Small Industry Members,
the Exchange proposes to replace paragraph (c)(2) of Rule 6.6895 with
new paragraph (c)(2)(C) of Rule 6.6895, which would state, in relevant
part, that ``Each Industry Member that is a Small Industry Member shall
record and report the Industry Member Data to the Central Repository,
as follows: . . . (C) Small Industry Members to report to the Central
Repository Phase 2b Industry Member Data . . . by December 13, 2021.''
C. Phase 2c
In the third phase of the Phased Reporting, referred to as Phase
2c, Large Industry Members would be required to report to the Central
Repository ``Phase 2c Industry Member Data'' by April 26, 2021. Small
Industry Members would be required to report to the Central Repository
``Phase 2c Industry Member Data'' by December 13, 2021, which is seven
months after Large Industry Members begin reporting such data to the
Central Repository. To implement the Phased Reporting for Phase 2c, the
Exchange proposes to add new paragraph (t)(3) of Rule 6.6810 and amend
paragraphs (c)(1) and (2) of Rule 6.6895.
(i) Scope of Phase 2c Reporting
To implement the Phased Reporting with respect to Phase 2c, the
Exchange proposes to add a definition of ``Phase 2c Industry Member
Data'' as new paragraph (t)(3) of Rule 6.6810. Specifically, the
Exchange proposes to define the term ``Phase 2c Industry Member Data''
as ``Industry Member Data related to Eligible Securities that are
equities other than Phase 2a Industry Member Data or Phase 2e Industry
Member Data.'' Phase 2c
[[Page 4036]]
Industry Member Data is described in detail in the Industry Member
Technical Specifications for Phase 2c. The following summarizes the
categories of Industry Member Data required for Phase 2c; the full
requirements are set forth in the Industry Member Technical
Specifications.
Phase 2c Industry Member Data would include Industry Member Data
that is related to Eligible Securities that are equities and that is
related to: (1) Allocation Reports as required to be recorded and
reported to the Central Repository pursuant to Section 6.4(d)(ii)(A)(1)
of the CAT NMS Plan; (2) quotes in unlisted Eligible Securities sent to
an interdealer quotation system operated by a CAT Reporter; (3)
electronic quotes in listed equity Eligible Securities (i.e., NMS
stocks) that are not sent to a national securities exchange or FINRA's
Alternative Display Facility; (4) reporting changes to client
instructions regarding modifications to algorithms; (5) marking as a
representative order any order originated to work a customer order in
price guarantee scenarios, such as a guaranteed VWAP; (6) flagging
rejected external routes to indicate a route was not accepted by the
receiving destination; (7) linkage of duplicate electronic messages
related to a Manual Order Event between the electronic event and the
original manual route; (8) special handling instructions on order route
reports (other than the ISO or short sale exempt, which are required to
be reported in Phase 2a); (9) a cancellation of an order received from
a Customer after the order has been executed; (10) reporting of large
trader identifiers \17\ (``LTID'') (if applicable) for accounts with
Reportable Events that are reportable to CAT as of and including Phase
2c; (11) reporting of date account opened or Account Effective Date
\18\ (as applicable) for accounts and flag indicating the Firm
Designated ID type as account or relationship; and (12) linkages for
representative order scenarios involving agency average price trades,
net trades, and aggregated orders. In Phase 2c, for any scenarios that
involve orders originated in different systems that are not directly
linked, such as a customer order originated in an Order Management
System (``OMS'') and represented by a principal order originated in an
Execution Management System (``EMS'') that is not linked to the OMS,
marking and linkages must be reported as required in the Industry
Member Technical Specifications.
---------------------------------------------------------------------------
\17\ See definition of ``Customer Account Information'' in
Section 1.1 of the CAT NMS Plan. See also Rule 13h-1 under the
Exchange Act.
\18\ See definition of ``Customer Account Information'' and
``Account Effective Date'' in Section 1.1 of the CAT NMS Plan. The
Exchange also proposes to amend the dates in the definitions of
``Account Effective Date'' and ``Customer Account Information'' to
reflect the Phased Reporting. Specifically, the Exchange proposes to
amend paragraph (m)(2) of Rule 6.6810 to replace the references to
November 15, 2018 and 2019, the prior implementation dates, with
references to the Phase 2c and Phase 2d. The Exchange also proposes
to amend paragraphs (a)(1)(A), (a)(1)(B) and (a)(2)-(5) of Rule
6.6810 regarding the definition of ``Account Effective Date'' with
similar changes to the dates set forth therein.
---------------------------------------------------------------------------
(ii) Timing of Phase 2c Reporting
Pursuant to paragraph (c)(1) of Rule 6.6895, Large Industry Members
are required to begin reporting to the CAT by November 15, 2018. To
implement the Phased Reporting for Phase 2c for Large Industry Members,
the Exchange proposes to replace paragraph (c)(1) of Rule 6.6895 with
new paragraph (c)(1)(C) of Rule 6.6895, which would state, in relevant
part, that ``Each Industry Member (other than a Small Industry Member)
shall record and report the Industry Member Data to the Central
Repository, as follows: . . . (C) Phase 2c Industry Member Data by
April 26, 2021.''
Pursuant to paragraph (c)(2) of Rule 6.6895, Small Industry Members
are required to begin reporting to the CAT by November 15, 2019. To
implement the Phased Reporting for Phase 2d for Small Industry Members,
the Exchange proposes to replace paragraph (c)(2) of Rule 6.6895 with
new paragraph (c)(2)(C) of Rule 6.6895, which would state, in relevant
part, that ``Each Industry Member that is a Small Industry Member shall
record and report the Industry Member Data to the Central Repository,
as follows: . . . (C) Small Industry Members to report to the Central
Repository . . . Phase 2c Industry Member Data . . . by December 13,
2021.''
D. Phase 2d
In the fourth phase of the Phased Reporting, referred to as Phase
2d, Large Industry Members and Small Industry Members would be required
to report to the Central Repository ``Phase 2d Industry Member Data''
by December 13, 2021. To implement the Phased Reporting for Phase 2d,
the Exchange proposes to add new paragraph (t)(4) to Rule 6.6810 and
amend paragraphs (c)(1) and (2) of Rule 6.6895.
(i) Scope of Phase 2d Reporting
To implement the Phased Reporting with respect to Phase 2d, the
Exchange proposes to add a definition of ``Phase 2d Industry Member
Data'' as new paragraph (t)(4) of Rule 6.6810. Specifically, the
Exchange proposes to define the term ``Phase 2d Industry Member Data''
as ``Industry Member Data that is related to Eligible Securities that
are options other than Phase 2b Industry Member Data or Phase 2e
Industry Member Data, and Industry Member Data related to all Eligible
Securities for the modification or cancellation of an internal route of
an order'' \19\
---------------------------------------------------------------------------
\19\ The Participants have determined that reporting information
regarding the modification or cancellation of a route is necessary
to create the full lifecycle of an order. Accordingly, the
Participants require the reporting of information related to the
modification or cancellation of a route similar to the data required
for the routing of an order and modification and cancellation of an
order pursuant to Sections 6.3(d)(ii) and (iv) of the CAT NMS Plan.
---------------------------------------------------------------------------
Phase 2d Industry Member Data is described in detail in the
Industry Member Technical Specifications for Phase 2d and includes with
respect to the Eligible Securities that are options: (1) Simple manual
orders; (2) electronic and paired manual orders; (3) all complex orders
with linkages to all CAT-reportable legs; (4) LTIDs (if applicable) for
accounts with Reportable Events for Phase 2d; (5) date account opened
or Account Effective Date (as applicable) for accounts and flag
indicating the Firm Designated ID type as account or relationship; \20\
and (5) Allocation Reports as required to be recorded and reported to
the Central Repository pursuant to Section 6.4(d)(ii)(A)(1) of the CAT
NMS Plan. In addition, it includes Industry Member Data related to all
Eligible Securities for the modification or cancellation of an internal
route of an order.
---------------------------------------------------------------------------
\20\ As noted above, the Exchange also proposes to amend the
dates in the definitions of ``Account Effective Date'' and
``Customer Account Information'' to reflect the Phased Reporting.
Specifically, the Exchange proposes to amend paragraph (m)(2) of
Rule 6.6810 to replace the references to November 15, 2018 and 2019,
the prior implementation dates, with references to the Phase 2c and
Phase 2d. The Exchange also proposes to amend paragraphs (a)(1)(A),
(a)(1)(B) and (a)(2)-(5) of Rule 6.6810 regarding the definition of
``Account Effective Date'' with similar changes to the dates set
forth therein.
---------------------------------------------------------------------------
(ii) Timing of Phase 2d Reporting
Pursuant to paragraph (c)(1) of Rule 6.6895, Large Industry Members
are required to begin reporting to the CAT by November 15, 2018. To
implement the Phased Reporting for Phase 2d for Large Industry Members,
the Exchange proposes to replace paragraph (c)(1) of Rule 6.6895 with
new paragraph (c)(1)(D) of Rule 6.6895, which would state, in relevant
part, that ``[e]ach Industry Member (other than a Small Industry
Member) shall record and report the Industry Member Data to the Central
Repository, as follows: . . . (D)
[[Page 4037]]
Phase 2d Industry Member Data by December 13, 2021.''
Pursuant to paragraph (c)(2) of Rule 6.6895, Small Industry Members
are required to begin reporting to the CAT by November 15, 2019. To
implement the Phased Reporting for Phase 2d for Small Industry Members,
the Exchange proposes to replace paragraph (c)(2) of Rule 6.6895 with
new paragraph (c)(2)(C) of Rule 6.6895, which would state, in relevant
part, that ``Each Industry Member that is a Small Industry Member shall
record and report the Industry Member Data to the Central Repository,
as follows: . . . (C) Small Industry Members to report to the Central
Repository . . . Phase 2d Industry Member Data by December 13, 2021.''
E. Phase 2e
In the fifth phase of Phased Reporting, referred to as Phase 2e,
both Large Industry Members and Small Industry Members would be
required to report to the Central Repository ``Phase 2e Industry Member
Data'' by July 11, 2022. To implement the Phased Reporting for Phase
2e, the Exchange proposes to add new paragraph (t)(5) to Rule 6.6810
and amend paragraphs (c)(1) and (2) of Rule 6.6895.
(i) Scope of Phase 2e Reporting
To implement the Phased Reporting with respect to Phase 2e, the
Exchange proposes to add a definition of ``Phase 2e Industry Member
Data'' as new paragraph (t)(5) of Rule 6.6810. Specifically, the
Exchange proposes to define the term ``Phase 2e Industry Member Data''
as ``Customer Account Information and Customer Identifying Information,
other than LTIDs, date account opened/Account Effective Date and Firm
Designated ID type flag previously reported to the CAT.'' LTIDs and
Account Effective Date are both required to be reported in Phases 2c
and 2d in certain circumstances, as discussed above. The terms
``Customer Account Information'' and ``Customer Identifying
Information'' are defined in Rule 6.6810 of the Compliance Rule.\21\
---------------------------------------------------------------------------
\21\ The term ``Customer Account Information'' includes account
numbers, and the term ``Customer Identifying Information'' includes,
with respect to individuals, individual tax payer identification
numbers and Social Security Numbers (collectively, ``SSNs''). See
Rule 6.6810. The Participants have requested exemptive relief from
the requirements for the Participants to require their members to
provide dates of birth, account numbers and Social Security Numbers
for individuals to the CAT. See Letter from Michael Simon, CAT NMS
Plan Operating Committee Chair, to Vanessa Countryman, SEC, Request
for Exemptive Relief from Certain Provisions of the CAT NMS Plan
related to Social Security Numbers, Dates of Birth and Account
Numbers (Oct. 16, 2019), available at https://www.catnmsplan.com/wpcontent/uploads/2019/10/CCID-and-PII-Exemptive-Request-Oct-16-2019.pdf. If this requested relief is granted, Phase 2e Industry
Member Data will not include account numbers, dates of birth and
SSNs for individuals.
---------------------------------------------------------------------------
(ii) Timing of Phase 2e Reporting
Pursuant to paragraph (c)(1) of Rule 6.6895, Large Industry Members
are required to begin reporting to the CAT by November 15, 2018. To
implement the Phased Reporting for Phase 2e for Large Industry Members,
the Exchange proposes to replace paragraph (c)(1) of Rule 6.6895 with
new paragraph (c)(1)(E) of Rule 6.6895, which would state, in relevant
part, that ``[e]ach Industry Member (other than a Small Industry
Member) shall record and report the Industry Member Data to the Central
Repository, as follows: . . . (E) Phase 2e Industry Member Data by July
11, 2022.''
Pursuant to paragraph (c)(2) of Rule 6.6895, Small Industry Members
are required to begin reporting to the CAT by November 15, 2019. To
implement the Phased Reporting for Phase 2e for Small Industry Members,
the Exchange proposes to replace paragraph (c)(2) of Rule 6.6895 with
new paragraph (c)(2)(D) of Rule 6.6895, which would state, in relevant
part, that ``[e]ach Industry Member that is a Small Industry Member
shall record and report the Industry Member Data to the Central
Repository, as follows: . . . (E) Small Industry Members to report to
the Central Repository Phase 2e Industry Member Data by July 11,
2022.''
F. Industry Member Testing Requirements
Rule 6.6880(a) sets forth various compliance dates for the testing
and development for connectivity, acceptance and the submission order
data. In light of the intent to shift to Phased Reporting in place of
the two specified dates for the commencement of reporting for Large and
Small Industry Members, the Exchange correspondingly proposes to
replace the Industry Member development testing milestones in Rule
6.6880(a) with the testing milestones set forth in the proposed request
for exemptive relief. Specifically, the Exchange proposes to replace
Rules 6.6880(a)(1)-(4) with proposed new Rule 6.6880(a)(1) through (8).
Proposed new Rule 6.6880(a)(1) would provide that ``Industry Member
file submission and data integrity testing for Phases 2a and 2b shall
begin in December 2019.'' Proposed new Rule 6.6880(a)(2) would provide
that ``Industry Member testing of the Reporter Portal, including data
integrity error correction tools and data submissions, shall begin in
February 2020.'' Proposed new Rule 6.6880(a)(3) would provide that
``The Industry Member test environment shall open with intra-firm
linkage validations to Industry Members for both Phases 2a and 2b in
April 2020.'' Proposed new Rule 6.6880(a)(4) would provide that ``The
Industry Member test environment shall open to Industry Members with
inter-firm linkage validations for both Phases 2a and 2b in July
2020.'' Proposed new Rule 6.6880(a)(5) would provide that ``The
Industry Member test environment shall open to Industry Members with
Phase 2c functionality (full representative order linkages) in January
2021.'' Proposed new Rule 6.6880(a)(6) would provide that ``The
Industry Member test environment shall open to Industry Members with
Phase 2d functionality (manual options orders, complex options orders,
and options allocations) in June 2021.'' Proposed new Rule 6.6880(a)(7)
would provide that ``Participant exchanges that support options market
making quoting shall begin accepting Quote Sent Time on quotes from
Industry Members no later than April 2020.'' Finally, proposed new Rule
6.6880(a)(8) would provide that ``The Industry Member test environment
(customer and account information) will be open to Industry Members in
January 2022.''
v. FINRA Facility Data Linkage
The Participants intend to file with the Commission a request for
exemptive relief from certain provisions of the CAT NMS Plan to allow
for an alternative approach to the reporting of clearing numbers and
cancelled trade indicators. Under this alternative approach, FINRA
would report to the Central Repository data collected by FINRA's Trade
Reporting Facilities, FINRA's OTC Reporting Facility or FINRA's
Alternative Display Facility (collectively, ``FINRA Facility'')
pursuant to applicable SRO rules (``FINRA Facility Data''). Included in
this FINRA Facility Data would be the clearing number of the clearing
broker in place of the SRO-Assigned Market Participant Identifier of
the clearing broker required to be reported to the Central Repository
pursuant to Section 6.4(d)(ii)(A)(2) of the CAT NMS Plan as well as the
cancelled trade indicator required to be reported to the Central
Repository pursuant to Section 6.4(d)(ii)(B) of the CAT NMS Plan. The
process would link the FINRA Facility Data to the related execution
reports reported by Industry Members. To implement this approach, the
Participants request exemptive relief
[[Page 4038]]
from the requirement in Sections 6.4(d)(ii)(A)(2) and (B) of the CAT
NMS Plan to require, through their Compliance Rules, that Industry
Members record and report to the Central Repository: (1) If the order
is executed, in whole or in part, the SRO-Assigned Market Participant
Identifier of the clearing broker, if applicable; and (2) if the trade
is cancelled, a cancelled trade indicator. As conditions to this
exemption, the Participants would require Industry Members to submit a
trade report for a trade and, if the trade is cancelled, a cancellation
to a FINRA Facility pursuant to applicable SRO rules, and to report the
corresponding execution to the Central Repository. In addition, the
Participants' Compliance Rules would provide that if an Industry Member
does not submit a cancellation to a FINRA Facility, then the Industry
Member would be required to record and report to the Central Repository
a cancelled trade indicator if the trade is cancelled. As a result, the
Exchange proposes to amend its Compliance Rule to reflect the request
for exemptive relief to implement this alternative approach.
Specifically, the Exchange proposes to require Industry Members to
report to the CAT with an execution report the unique trade identifier
reported to a FINRA facility with the corresponding trade report. For
example, the unique trade identifier for the OTC Reporting Facility and
the Alternative Display Facility would be the Compliance ID, for the
FINRA/Nasdaq Trade Reporting Facility, it would be the Branch Sequence
Number, and for the FINRA/NYSE Trade Reporting Facility, it would be
the FINRA Compliance Number. This unique trade identifier would be used
to link the FINRA Facility Data with the execution report in the CAT.
Specifically, the Exchange proposes to add a new paragraph to (a)(2)(E)
to Rule 6.6830, which states that:
(F) If an Industry Member is required to submit and submits a trade
report for a trade to one of FINRA's Trade Reporting Facilities, OTC
Reporting Facility or Alternative Display Facility pursuant to
applicable SRO rules, and the Industry Member is required to report the
corresponding execution to the Central Repository:
(1) The Industry Member is required to report to the Central
Repository the unique trade identifier reported by the Industry Member
to such FINRA facility for the trade when the Industry Member reports
the execution of an order pursuant to Rule 6.6830(a)(1)(E);
The Exchange also proposes to relieve Industry Members of the
obligation to report to the CAT data related to clearing brokers and
trade cancellations pursuant to Rules 6.6830(a)(2)(A)(ii) and (B),
respectively, as this data will be reported by FINRA to the CAT.
Accordingly, the Exchange proposes new paragraphs (a)(1)(E)(2) and (3)
of Rule 6.6830, which states that, ``if an Industry Member is required
to submit and submits a trade report for a trade to one of FINRA's
Trade Reporting Facilities, OTC Reporting Facility or Alternative
Display Facility pursuant to applicable SRO rules, and the Industry
Member is required to report the corresponding execution to the Central
Repository:'' ``the Industry Member is not required to submit the SRO-
Assigned Market Participant Identifier of the clearing broker pursuant
to Rule 6.6830(a)(2)(A)(ii)'' and ``if the trade is cancelled and the
Industry Member submits the cancellation to one of FINRA's Trade
Reporting Facilities, OTC Reporting Facility or Alternative Display
Facility pursuant to applicable SRO rules, the Industry Member is not
required to submit the cancelled trade indicator pursuant to Rule
6.6830(a)(2)(B), but is required to submit the time of cancellation to
the Central Repository.''
vi. Granularity of Timestamps
The Participants intend to file with the Commission a request for
exemptive relief from the requirement in Section 6.8(b) of the CAT NMS
Plan for each Participant, through its Compliance Rule, to require
that, to the extent that its Industry Members utilize timestamps in
increments finer than nanoseconds in their order handling or execution
systems, such Industry Members utilize such finer increment when
reporting CAT Data to the Central Repository. As a condition to this
exemption, the Participants, through their Compliance Rules, will
require Industry Members that capture timestamps in increments more
granular than nanoseconds to truncate the timestamps, after the
nanosecond level for submission to CAT, not round up or down in such
circumstances. As a result, the Exchange proposes to amend its
Compliance Rule to reflect the proposed exemptive relief.
Specifically, the Exchange proposes to amend paragraph (a)(2) of
Rule 6.6860. Rule 6.6860(a)(2) states that
Subject to paragraph (b), to the extent that any Industry
Member's order handling or execution systems utilize time stamps in
increments finer than milliseconds, such Industry Member shall
record and report Industry Member Data to the Central Repository
with time stamps in such finer increment.
The Exchange proposes to amend this provision by adding the phrase
``up to nanoseconds'' to the end of the provision.
vii. Relationship IDs
The Participants intend to file with the Commission a request for
exemptive relief from certain provisions of the CAT NMS Plan to address
circumstances in which an Industry Member uses an established trading
relationship for an individual Customer (rather than an account) on the
order reported to the CAT. Specifically, in this exemptive relief, the
Participants request an exemption from the requirement in Section
6.4(d)(ii)(C) of the CAT NMS Plan for each Participant to require,
through its Compliance Rules, its Industry Members to record and report
to the Central Repository the account number, the date account opened
and account type for the relevant individual Customer. As conditions to
this exemption, each Participant would require, through its Compliance
Rules, its Industry Members to record and report to the Central
Repository for the original receipt or origination of an order: (i) The
relationship identifier in lieu of the ``account number;'' (ii) the
``account type'' as a ``relationship;'' and (iii) the Account Effective
Date in lieu of the ``date account opened.''
With regard to the third condition, an Account Effective Date would
depend upon when the trading relationship was established. When the
trading relationship was established prior to the implementation date
of the CAT NMS Plan applicable to the relevant Industry Member, the
Account Effective Date would be either the date the relationship
identifier was established within the Industry Member, or the date when
trading began (i.e., the date the first order was received) using the
relevant relationship identifier. If both dates are available, the
earlier date will be used to the extent that the dates differ. When the
trading relationship was established on or after the implementation
date of the CAT NMS Plan applicable to the relevant Industry Member,
the Account Effective Date would be the date the Industry Member
established the relationship identifier, which would be no later than
the date the first order was received. This definition of the Account
Effective Date is the same as the definition of the ``Account Effective
Date'' in paragraph (a) of the definition of ``Account Effective Date''
in Section 1.1 of the CAT NMS Plan except it would apply with regard to
those circumstances in which an Industry Member has established a
trading relationship with an individual, instead of an institution.
Such exemptive relief would be the
[[Page 4039]]
same as the SEC provided with regard to institutions in its 2016
Exemptive Order granting exemptions from certain provisions of Rule 613
under the Exchange Act.\22\
---------------------------------------------------------------------------
\22\ 2016 Exemptive Order at 11861-11862.
---------------------------------------------------------------------------
As a result, the Exchange proposes to amend its Compliance Rule to
reflect the exemptive relief request. Specifically, the Exchange
proposes to amend paragraphs (a)(1) and paragraph (m) (previously (l))
of Rule 6.6810.
The definition of Customer Account Information in Rule 6.6810(m)
states that in those circumstances in which an Industry Member has
established a trading relationship with an institution but has not
established an account with that institution, the Industry Member will
provide the Account Effective Date in lieu of the ``date account
opened'', provide the relationship identifier in lieu of the ``account
number''; and identify the ``account type'' as ``relationship.'' The
Exchange proposes to extend this provision to apply to trading
relationships with individuals as well as institutions. Specifically,
the Exchange proposes to revise paragraph (m)(1) of Rule 6.6810 to
state the following:
(1) In those circumstances in which an Industry Member has
established a trading relationship with an institution or an
individual but has not established an account with that institution
or individual, the Industry Member will: (A) Provide the Account
Effective Date in lieu of the ``date account opened''; (B) provide
the relationship identifier in lieu of the ``account number''; and
(C) identify the ``account type'' as a ``relationship''.
Similarly, the Exchange proposes to amend the definition of
``Account Effective Date'' as set forth in Rule 6.6810(a) to apply to
circumstances in which an Industry Member has established a trading
relationship with an individual in addition to institutions.
Specifically, the Exchange proposes to revise paragraph(a)(1) of Rule
6.6810 to state ``with regard to those circumstances in which an
Industry Member has established a trading relationship with an
institution or an individual but has not established an account with
that institution or individual.''
viii. CCID/PII
On October 16, 2019, the Participants filed with the Commission a
request for exemptive relief from certain requirements related to SSNs,
dates of birth and account numbers for individuals in the CAT NMS
Plan.\23\ Specifically, to implement the CCID Alternative and the
Modified PII Approach, the Participants requested exemptive relief from
the requirement in Section 6.4(d)(ii)(C) of the CAT NMS Plan to
require, through their Compliance Rules, Industry Members to record and
report to the Central Repository for the original receipt of an order
SSNs, dates of birth and account numbers for individuals. As a result,
the Exchange proposes to amend its Compliance Rule to reflect the
exemptive relief request. NYSE Chicago Rule 6.6830(a)(2)(C) states that
---------------------------------------------------------------------------
\23\ See Letter to Vanessa Countryman, Secretary, SEC, from
Michael Simon, CAT NMS Plan Operating Committee Chair, re: Request
for Exemptive Relief from Certain Provisions of the CAT NMS Plan
related to Social Security Numbers, Dates of Birth and Account
Numbers (Oct. 16, 2019).
[s]ubject to paragraph (3) below, each Industry Member shall
record and report to the Central Repository the following, as
applicable (``Received Industry Member Data'' and collectively with
the information referred to in Rule 6.6830(a)(1) ``Industry Member
Data'')) in the manner prescribed by the Operating Committee
pursuant to the CAT NMS Plan: . . . (C) for original receipt or
origination of an order, . . . and in accordance with Rule 6.6840,
Customer Account Information and Customer Identifying Information
---------------------------------------------------------------------------
for the relevant Customer.
Rule 6.6810(n) (previously Rule 6.6810(m)), in turn, defines
``Customer Identifying Information'' to include, with respect to
individuals, ``date of birth, individual tax payer identification
number (``ITIN'')/social security number (``SSN'').'' In addition, Rule
6.6810(m) (previously Rule 6.6810(l)) defines ``Customer Account
Information'' to include account numbers for individuals. Accordingly,
the Exchange proposes to delete ``date of birth, individual tax payer
identification number (``ITIN'')/social security number (``SSN'')''
from the definition of ``Customer Identifying Information'' in Rule
6.6830(a)(2)(C) and to delete account numbers for individuals from the
definition of ``Customer Account Information.'' The Exchange proposes
to amend the definition of ``Customer Account Information'' to include
only account numbers other than for individuals. With these changes,
Industry Members would not be required to report to the Central
Repository dates of birth, SSNs or account numbers for individuals
pursuant to Rule 6.6830(a)(2)(C).
2. Statutory Basis
NYSE Chicago believes that the proposed rule change is consistent
with the provisions of Section 6(b)(5) of the Act,\24\ which require,
among other things, that the Exchange's rules must be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, and, in general, to protect
investors and the public interest, and Section 6(b)(8) of the Act,\25\
which requires that the Exchange's rules not impose any burden on
competition that is not necessary or appropriate.
---------------------------------------------------------------------------
\24\ 15 U.S.C. 78f(b)(6).
\25\ 15 U.S.C. 78f(b)(8)
---------------------------------------------------------------------------
NYSE Chicago believes that this proposal is consistent with the Act
because it is consistent with certain proposed amendments to and
exemptions from the CAT NMS Plan, because it facilitates the retirement
of certain existing regulatory systems, and is designed to assist the
Exchange and its Industry Members in meeting regulatory obligations
pursuant to the Plan. In approving the Plan, the SEC noted that the
Plan ``is necessary and appropriate in the public interest, for the
protection of investors and the maintenance of fair and orderly
markets, to remove impediments to, and perfect the mechanism of a
national market system, or is otherwise in furtherance of the purposes
of the Act.'' \26\ To the extent that this proposal implements the
Plan, including the proposed amendments and exemptive relief, and
applies specific requirements to Industry Members, the Exchange
believes that this proposal furthers the objectives of the Plan, as
identified by the SEC, and is therefore consistent with the Act.
---------------------------------------------------------------------------
\26\ Approval Order at 84697.
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
NYSE Chicago does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. NYSE Chicago
notes that the proposed rule changes are consistent with certain
proposed amendment to and exemptions from the CAT NMS Plan, facilitate
the retirement of certain existing regulatory systems, and are designed
to assist the Exchange in meeting its regulatory obligations pursuant
to the Plan. NYSE Chicago also notes that the amendments to the
Compliance Rules will apply equally to all Industry Members that trade
NMS Securities and OTC Equity Securities. In addition, all national
securities exchanges and FINRA are proposing these amendments to their
Compliance Rules. Therefore, this is not a competitive rule filing,
and, therefore, it
[[Page 4040]]
does not impose a burden on competition.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
(A) By order approve or disapprove the proposed rule change, or
(B) institute proceedings to determine whether the proposed rule
change should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as modified by Amendment No. 1, 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 SR-NYSECHX-2020-01 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 SR-NYSECHX-2020-01. 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 website (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 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 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSECHX-2020-01 and should be submitted
on or before February 13, 2020.
---------------------------------------------------------------------------
\27\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-01032 Filed 1-22-20; 8:45 am]
BILLING CODE 8011-01-P