80_FR_45397 80 FR 45252 - Consolidated Tape Association; Order Approving the Twenty Second Substantive Amendment to the Second Restatement of the CTA Plan and Sixteenth Substantive Amendment to the Restated CQ Plan

80 FR 45252 - Consolidated Tape Association; Order Approving the Twenty Second Substantive Amendment to the Second Restatement of the CTA Plan and Sixteenth Substantive Amendment to the Restated CQ Plan

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 145 (July 29, 2015)

Page Range45252-45254
FR Document2015-18392

Federal Register, Volume 80 Issue 145 (Wednesday, July 29, 2015)
[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Notices]
[Pages 45252-45254]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18392]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75504; File No. SR-CTA/CQ-2015-01]


Consolidated Tape Association; Order Approving the Twenty Second 
Substantive Amendment to the Second Restatement of the CTA Plan and 
Sixteenth Substantive Amendment to the Restated CQ Plan

July 22, 2015.

I. Introduction

    On April 27, 2015, the Consolidated Tape Association (``CTA'') Plan 
and Consolidated Quotation (``CQ'') Plan participants (collectively the 
``Participants'') \1\ filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') pursuant to Section 11A of the Securities 
Exchange Act of 1934 (``Act''),\2\ and Rule 608 thereunder,\3\ a 
proposal to amend the Second Restatement of the CTA Plan and Restated 
CQ Plan (collectively, the ``Plans'').\4\The proposals represent the 
22nd Substantive Amendment to the CTA Plan and 16th Substantive 
Amendment to the CQ Plan (collectively ``the Amendments''), and reflect 
changes unanimously adopted by the Participants. The Amendments would 
require the Participants to include timestamps in the trade-report and 
bid-and-offer information that they report to the Plans' processor. The 
proposed Amendments were published for comment in the Federal Register 
on

[[Page 45253]]

May 14, 2015.\5\ The Commission received one comment letter in response 
to the Notice.\6\ On July 17, 2015, the Participants to the Plan 
responded to the comment letter.\7\ This order approves the proposed 
Amendments to the Plans.
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    \1\ The Participants are: BATS Exchange, Inc. (``BATS''), BATS-Y 
Exchange, Inc. (``BATS-Y''), Chicago Board Options Exchange, Inc. 
(``CBOE''), EDGA Exchange, Inc. (``EDGA''), EDGX Exchange, Inc. 
(``EDGX''), Financial Industry Regulatory Authority, Inc. 
(``FINRA''), International Securities Exchange, LLC (``ISE''), 
NASDAQ OMX BX, Inc. (``Nasdaq BX''), NASDAQ OMX PHLX, Inc. (``Nasdaq 
PSX''), Nasdaq Stock Market LLC (``Nasdaq''), National Stock 
Exchange (``NSX''), New York Stock Exchange LLC (``NYSE''), NYSE MKT 
LLC (``NYSE MKT''), and NYSE Arca, Inc. (``NYSE Arca'').
    \2\ 15 U.S.C. 78k-1.
    \3\ 17 CFR 242.608.
    \4\ See Securities Exchange Act Release Nos. 10787 (May 10, 
1974), 39 FR 17799 (May 20, 1974) (declaring the CTA Plan 
effective); 15009 (July 28, 1978), 43 FR 34851 (August 7, 1978) 
(temporarily authorizing the CQ Plan); and 16518 (January 22, 1980), 
45 FR 6521 (January 28, 1980) (permanently authorizing the CQ Plan). 
The most recent restatement of both Plans was in 1995. The CTA Plan, 
pursuant to which markets collect and disseminate last sale price 
information for non-NASDAQ listed securities, is a ``transaction 
reporting plan'' under Rule 601 under the Act, 17 CFR 242.601, and a 
``national market system plan'' under Rule 608 under the Act, 17 CFR 
242.608. The CQ Plan, pursuant to which markets collect and 
disseminate bid/ask quotation information for listed securities, is 
a ``national market system plan'' under Rule 608 under the Act, 17 
CFR 242.608.
    \5\ See Securities Exchange Act Release No. 74909 (May 8, 2015), 
80 FR 27764 (``Notice'').
    \6\ See Letter from Theodore R. Lazo, Managing Director and 
Associate Director, SIFMA, to Brent J. Fields, Secretary, 
Commission, dated June 5, 2015 (``SIFMA Letter'') commenting on this 
proposal as well as the parallel amendment to the UTP Plan.
    \7\ See Letter from Emily Kasparov, Chairman, CTA Plan Operating 
Committee to Brent J. Fields, Secretary, Commission, dated July 17, 
2015 (``Response Letter'').
---------------------------------------------------------------------------

II. Description of the Proposal

    Currently, Section VI(c) of the CTA Plan requires transaction 
reports that the Participants submit to the Processor to include the 
stock symbol, the number of shares, and the price of the transaction. 
Section VI(a) of the CQ Plan provides that each bid and offer that a 
Participant reports to the Processor under the CQ Plan must include the 
bid or offer's quotation size or aggregate quotation size.
    The Amendments propose to require Participants to include in 
reports to the Processor the time of the trade or the quotation. In the 
case of a Participant that is a national securities exchange, the time 
of the transaction or quotation is to be reported in microseconds as 
identified in the Participant's matching engine publication timestamp. 
In the case of FINRA, the time of a transaction will be the time of 
execution that a FINRA member reports to a FINRA trade reporting 
facility and the time of a bid or offer will be the quotation 
publication timestamp that the bidding or offering member reports to 
the FINRA quotation facility, all in accordance with FINRA rules.\8\ In 
addition, if a FINRA trade reporting facility or quotation facility 
provides a proprietary feed of trades or quotes reported by the 
facility to the Processor, then the FINRA facility must also furnish 
the Processor with the time of the transmission as published on the 
facility's proprietary feed.
---------------------------------------------------------------------------

    \8\ If a FINRA member reports to it in seconds or milliseconds, 
FINRA must convert the times to microseconds and must furnish the 
Processor the reports in microseconds.
---------------------------------------------------------------------------

III. Summary of Comment Letter and Participants' Response

    The Commission received one comment letter on the proposed 
Amendments and a response to that comment letter from the Participants. 
The commenter supports the proposed Amendments, but suggested 
clarifications to certain aspects of the Amendments.
    First, in order to ensure that sourcing and reporting of timestamp 
data would be consistent across exchanges, the commenter recommended 
that the Amendments provide a clearer definition of ``matching engine 
publication timestamp.'' \9\ The commenter stated that the term 
``matching engine publication timestamp'' is not defined in the Plans 
or in the proposal, and is not a commonly understood term.\10\ The 
commenter suggested that the transaction time to be reported to the 
Securities Information Processors (``SIPs'') should be the timestamp 
applied when the trade is executed in the exchange's matching engine, 
and the quotation time should be the timestamp applied when the 
quotation is added to the exchange's order book.\11\ The commenter 
further stated that the timestamp reported by the exchange should 
reflect the actual underlying matching engine event, and not any 
internal processing that may occur at the exchange before submission to 
the SIPs.\12\ In response to the comment that the ``matching engine 
publication timestamps'' be more clearly defined, the Participants 
stated that the purpose of the Amendments is to respond to the 
Commission's request to provide information allowing market 
participants to compare proprietary data feed latency to consolidated 
data feed latency.\13\ The Participants noted that they devoted 
considerable effort and resources to expedite this timestamp initiative 
at Chair White's request. The Participants use the proposed term of 
``matching engine publication timestamps'' to connote the timestamp 
published by each Participant's matching engine. The Participants 
believe that the proposal will provide transparency that will enable 
market participants to compare the latency between the proprietary data 
feed and the consolidated data feed, which the Participants believe the 
industry will find most useful.\14\
---------------------------------------------------------------------------

    \9\ See SIFMA Letter at 3.
    \10\ Id.
    \11\ Id.
    \12\ Id.
    \13\ See Response Letter at 2-3.
    \14\ See Response Letter 3-4.
---------------------------------------------------------------------------

    Next, the commenter stated that the proposed Amendments should 
provide clarity on the timestamp information that FINRA would be 
required to provide to the SIPs.\15\ As proposed, any FINRA proprietary 
data feed of trades or quotes reported by the FINRA trade reporting 
facility (``TRF'') to the SIPs would be required to furnish the SIPs 
with the time of the transmission as published on the proprietary 
feeds. The commenter suggested that the Amendments should require the 
FINRA TRF or quotation facility to provide to the SIPs the timestamp 
when the trade or quote was processed by the FINRA facility regardless 
of whether the facility offers a proprietary feed.\16\ In response, the 
Participants stated that additional timestamps for non-proprietary 
FINRA feeds would not provide meaningful information to market 
participants because they would not enable a market participant to 
compare the time that a Participant transmits information via a 
proprietary feed to the time the SIP transmits the same 
information.\17\ Additionally, the Participants stated that FINRA TRFs 
or quotation facilities should not include intermediate processing 
timestamps because such additional timestamps go beyond the scope of 
the Amendments' objectives and that requiring these additions would be 
costly and time consuming.\18\ The Participants noted that additional 
timestamps would delay the rollout of the timestamp initiative 
considerably, impose a significant cost on the industry, require 
specialized equipment, add significant bandwidth requirements, and 
result in an array of timestamps that would likely lead to confusion 
within the industry.\19\
---------------------------------------------------------------------------

    \15\ See SIFMA Letter at 1, 3.
    \16\ See SIFMA Letter at 3.
    \17\ See Response Letter at 3.
    \18\ See Response Letter at 3-4.
    \19\ Id.
---------------------------------------------------------------------------

    Additionally, the commenter believes that the SIPs should be 
responsible for market-wide determinations of whether a trade is 
reported out of sequence and not last sale eligible.\20\ The commenter 
suggested that the SIPs should make market-wide determinations if 
transactions are out of sequence by comparing the incoming 
transaction's execution time against the execution time of the most 
recent transaction that was last sale eligible and published. The 
Participants stated that the Participants have historically determined 
last sale elgibility and out of sequence reporting pursuant to their 
own rules \21\ and believe that such determinations should continue to 
be made by the Participants consistent with their respective rules.\22\

[[Page 45254]]

In addition, the Participants noted that this suggestion is outside the 
scope of the Amendments.\23\
---------------------------------------------------------------------------

    \20\ See SIFMA Letter at 3.
    \21\ See Response Letter at 4.
    \22\ The commenter also called for change in the governance 
structure of NMS plans which it states is ineffective and opaque, 
suggesting that governing bodies of NMS plans should include 
representatives from broker-dealers, asset managers, and the public, 
with each of these groups having voting power on the plans' 
operating committees. See SIFMA Letter at 4. The Participants noted 
that the Plans held numerous meetings to fashion the timestamp tools 
including meetings among the Participants and Plan subcommittees, 
Commission staff, and also involved consultation with industry 
representatives from the Plan's Advisory Committees. See Response 
Letter at 2.
    \23\ See Response Letter at 4.
---------------------------------------------------------------------------

IV. Discussion and Commission Findings

    After careful review and consideration of the proposed Amendments, 
the comment letter, and the Response Letter, the Commission finds that 
the proposed Amendments to the Plans are consistent with the 
requirements of the Act and the rules and regulations thereunder,\24\ 
and, in particular, Section 11A(a)(1) of the Act \25\ and Rule 608 
thereunder \26\ in that they are necessary or 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 
mechanisms of, a national market system. While supporting the timestamp 
Amendments, the commenter raised three issues regarding the proposal--
the need to define the term ``matching engine publication timestamp'' 
more clearly, the need for additional timestamps, and a preference that 
the SIPs determine whether a trade is reported out of sequence and not 
last sale eligible. The commenter also believes that there is a need to 
reform SIP governance. The Participants responded to the commenter's 
concerns, as discussed above, indicating why they believe that the 
proposal adequately addresses the issue it was meant to address--
providing additional information so that interested persons will be 
able to measure the latency between the consolidated data feeds and 
industry proprietary data feeds. The Participants stated that including 
additional timestamps would delay implementation of the proposal, add 
costs, and could be confusing. The Participants also indicated that 
they continue to believe they should decide, consistent with their 
rules, whether trades are reported out of sequence and not last sale 
eligible. The Commission agrees with the Participants' response to the 
issues raised by the comment letter.
---------------------------------------------------------------------------

    \24\ The Commission has considered the proposed amendment's 
impact on efficiency, competition, and capital formation. 15 U.S.C. 
78c(f).
    \25\ 15 U.S.C. 78k-1(a)(1).
    \26\ 17 CFR 240.608.
---------------------------------------------------------------------------

    The proposal is consistent with Section 11A(a)(1)(C)(iii) of the 
Act,\27\ which sets forth Congress' finding that it is in the public 
interest and appropriate for the protection of investors and the 
maintenance of fair and orderly markets to assure the availability to 
brokers, dealers, and investors of information with respect to 
quotations and transactions in securities. These goals are furthered by 
the proposed changes requiring that Participants add timestamps to 
their trade and quotation reports as this will add transparency 
regarding the latencies between the CTA and CQ Plans' consolidated data 
feeds and industry proprietary feeds. Users of the consolidated feeds 
will be better able to monitor the latency of those feeds and to assess 
whether such feeds meet their trading and other requirements.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act,\28\ 
and the rules thereunder, that the proposed Amendments to the CTA Plan 
and CQ Plan (File No. SR-CTA/CQ-2015-01) are approved.
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    \28\ 15 U.S.C. 78k-1.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\29\
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    \29\ 17 CFR 200.30-3(a)(27).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-18392 Filed 7-28-15; 8:45 am]
BILLING CODE 8011-01-P



                                              45252                           Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices

                                              order routing practices, NASDAQ                              • Send an email to rule-comments@                       SECURITIES AND EXCHANGE
                                              believes that the degree to which fee                      sec.gov. Please include File Number SR–                   COMMISSION
                                              changes in this market may impose any                      NASDAQ–2015–084 on the subject line.
                                              burden on competition is extremely                                                                                   [Release No. 34–75504; File No. SR–CTA/
                                              limited. In this instance, NASDAQ is                       Paper Comments                                            CQ–2015–01]
                                              proposing to enhance the NBBO                                • Send paper comments in triplicate
                                              Program with an additional and higher                                                                                Consolidated Tape Association; Order
                                                                                                         to Secretary, Securities and Exchange                     Approving the Twenty Second
                                              rebate opportunity in Tape A securities
                                                                                                         Commission, 100 F Street NE.,                             Substantive Amendment to the Second
                                              in return for market improving
                                                                                                         Washington, DC 20549–1090.                                Restatement of the CTA Plan and
                                              participation. Consequently, the
                                              proposed changes do not impose a                           All submissions should refer to File                      Sixteenth Substantive Amendment to
                                              burden on competition because the                          Number SR–NASDAQ–2015–084. This                           the Restated CQ Plan
                                              proposed rebate, and incentive                             file number should be included on the                     July 22, 2015.
                                              programs generally, are reflective of the                  subject line if email is used. To help the
                                              need for exchanges to offer financial                      Commission process and review your                        I. Introduction
                                              incentives to attract order flow and to                    comments more efficiently, please use                        On April 27, 2015, the Consolidated
                                              let such financial incentives evolve in                    only one method. The Commission will                      Tape Association (‘‘CTA’’) Plan and
                                              response to competition. Accordingly,                      post all comments on the Commission’s                     Consolidated Quotation (‘‘CQ’’) Plan
                                              while the Exchange does not believe                        Internet Web site (http://www.sec.gov/                    participants (collectively the
                                              that the proposed change will result in                    rules/sro.shtml). Copies of the                           ‘‘Participants’’) 1 filed with the
                                              any burden on competition, if the                          submission, all subsequent                                Securities and Exchange Commission
                                              change proposed herein are unattractive                                                                              (‘‘SEC’’ or ‘‘Commission’’) pursuant to
                                                                                                         amendments, all written statements
                                              to market participants it is likely that                                                                             Section 11A of the Securities Exchange
                                                                                                         with respect to the proposed rule
                                              NASDAQ will lose market share as a                                                                                   Act of 1934 (‘‘Act’’),2 and Rule 608
                                                                                                         change that are filed with the
                                              result.                                                                                                              thereunder,3 a proposal to amend the
                                                                                                         Commission, and all written
                                              C. Self-Regulatory Organization’s                          communications relating to the                            Second Restatement of the CTA Plan
                                              Statement on Comments on the                                                                                         and Restated CQ Plan (collectively, the
                                                                                                         proposed rule change between the
                                              Proposed Rule Change Received From                                                                                   ‘‘Plans’’).4The proposals represent the
                                                                                                         Commission and any person, other than
                                              Members, Participants, or Others                                                                                     22nd Substantive Amendment to the
                                                                                                         those that may be withheld from the
                                                                                                                                                                   CTA Plan and 16th Substantive
                                                No written comments were either                          public in accordance with the                             Amendment to the CQ Plan (collectively
                                              solicited or received.                                     provisions of 5 U.S.C. 552, will be                       ‘‘the Amendments’’), and reflect
                                                                                                         available for Web site viewing and                        changes unanimously adopted by the
                                              III. Date of Effectiveness of the                          printing in the Commission’s Public
                                              Proposed Rule Change and Timing for                                                                                  Participants. The Amendments would
                                                                                                         Reference Room, 100 F Street NE.,                         require the Participants to include
                                              Commission Action
                                                                                                         Washington, DC 20549 on official                          timestamps in the trade-report and bid-
                                                 The foregoing rule change has become                    business days between the hours of                        and-offer information that they report to
                                              effective pursuant to Section                              10:00 a.m. and 3:00 p.m. Copies of such                   the Plans’ processor. The proposed
                                              19(b)(3)(A)(ii) of the Act.10                              filing also will be available for                         Amendments were published for
                                                 At any time within 60 days of the                       inspection and copying at the principal                   comment in the Federal Register on
                                              filing of the proposed rule change, the                    offices of the Exchange. All comments
                                              Commission summarily may                                   received will be posted without change;                      1 The Participants are: BATS Exchange, Inc.

                                              temporarily suspend such rule change if                    the Commission does not edit personal                     (‘‘BATS’’), BATS–Y Exchange, Inc. (‘‘BATS–Y’’),
                                              it appears to the Commission that such                                                                               Chicago Board Options Exchange, Inc. (‘‘CBOE’’),
                                                                                                         identifying information from                              EDGA Exchange, Inc. (‘‘EDGA’’), EDGX Exchange,
                                              action is: (i) Necessary or appropriate in                 submissions. You should submit only                       Inc. (‘‘EDGX’’), Financial Industry Regulatory
                                              the public interest; (ii) for the protection               information that you wish to make                         Authority, Inc. (‘‘FINRA’’), International Securities
                                              of investors; or (iii) otherwise in                        available publicly. All submissions                       Exchange, LLC (‘‘ISE’’), NASDAQ OMX BX, Inc.
                                              furtherance of the purposes of the Act.                                                                              (‘‘Nasdaq BX’’), NASDAQ OMX PHLX, Inc.
                                                                                                         should refer o File Number SR–                            (‘‘Nasdaq PSX’’), Nasdaq Stock Market LLC
                                              If the Commission takes such action, the                   NASDAQ–2015–084, and should be                            (‘‘Nasdaq’’), National Stock Exchange (‘‘NSX’’), New
                                              Commission shall institute proceedings                                                                               York Stock Exchange LLC (‘‘NYSE’’), NYSE MKT
                                                                                                         submitted on or before August 19, 2015.
                                              to determine whether the proposed rule                                                                               LLC (‘‘NYSE MKT’’), and NYSE Arca, Inc. (‘‘NYSE
                                              should be approved or disapproved.                           For the Commission, by the Division of                  Arca’’).
                                                                                                                                                                      2 15 U.S.C. 78k–1.
                                                                                                         Trading and Markets, pursuant to delegated
                                              IV. Solicitation of Comments                               authority.11                                                 3 17 CFR 242.608.
                                                                                                                                                                      4 See Securities Exchange Act Release Nos. 10787
                                                Interested persons are invited to                        Robert W. Errett,                                         (May 10, 1974), 39 FR 17799 (May 20, 1974)
                                              submit written data, views, and                            Deputy Secretary.                                         (declaring the CTA Plan effective); 15009 (July 28,
                                              arguments concerning the foregoing,                        [FR Doc. 2015–18539 Filed 7–28–15; 8:45 am]               1978), 43 FR 34851 (August 7, 1978) (temporarily
                                              including whether the proposed rule                                                                                  authorizing the CQ Plan); and 16518 (January 22,
                                                                                                         BILLING CODE 8011–01–P                                    1980), 45 FR 6521 (January 28, 1980) (permanently
                                              change is consistent with the Act.                                                                                   authorizing the CQ Plan). The most recent
                                              Comments may be submitted by any of                                                                                  restatement of both Plans was in 1995. The CTA
                                              the following methods:                                                                                               Plan, pursuant to which markets collect and
                                                                                                                                                                   disseminate last sale price information for non-
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Electronic Comments                                                                                                  NASDAQ listed securities, is a ‘‘transaction
                                                                                                                                                                   reporting plan’’ under Rule 601 under the Act, 17
                                                • Use the Commission’s Internet                                                                                    CFR 242.601, and a ‘‘national market system plan’’
                                              comment form (http://www.sec.gov/                                                                                    under Rule 608 under the Act, 17 CFR 242.608. The
                                              rules/sro.shtml); or                                                                                                 CQ Plan, pursuant to which markets collect and
                                                                                                                                                                   disseminate bid/ask quotation information for listed
                                                                                                                                                                   securities, is a ‘‘national market system plan’’ under
                                                1015   U.S.C. 78s(b)(3)(A)(ii).                               11 17   CFR 200.30–3(a)(12).                         Rule 608 under the Act, 17 CFR 242.608.



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                                                                           Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices                                                           45253

                                              May 14, 2015.5 The Commission                               First, in order to ensure that sourcing                   with the time of the transmission as
                                              received one comment letter in response                  and reporting of timestamp data would                        published on the proprietary feeds. The
                                              to the Notice.6 On July 17, 2015, the                    be consistent across exchanges, the                          commenter suggested that the
                                              Participants to the Plan responded to                    commenter recommended that the                               Amendments should require the FINRA
                                              the comment letter.7 This order                          Amendments provide a clearer                                 TRF or quotation facility to provide to
                                              approves the proposed Amendments to                      definition of ‘‘matching engine                              the SIPs the timestamp when the trade
                                              the Plans.                                               publication timestamp.’’ 9 The                               or quote was processed by the FINRA
                                                                                                       commenter stated that the term                               facility regardless of whether the facility
                                              II. Description of the Proposal
                                                                                                       ‘‘matching engine publication                                offers a proprietary feed.16 In response,
                                                 Currently, Section VI(c) of the CTA                   timestamp’’ is not defined in the Plans                      the Participants stated that additional
                                              Plan requires transaction reports that                   or in the proposal, and is not a                             timestamps for non-proprietary FINRA
                                              the Participants submit to the Processor                 commonly understood term.10 The                              feeds would not provide meaningful
                                              to include the stock symbol, the number                  commenter suggested that the                                 information to market participants
                                              of shares, and the price of the                          transaction time to be reported to the                       because they would not enable a market
                                              transaction. Section VI(a) of the CQ Plan                Securities Information Processors                            participant to compare the time that a
                                              provides that each bid and offer that a                  (‘‘SIPs’’) should be the timestamp                           Participant transmits information via a
                                              Participant reports to the Processor                     applied when the trade is executed in                        proprietary feed to the time the SIP
                                              under the CQ Plan must include the bid                   the exchange’s matching engine, and the                      transmits the same information.17
                                              or offer’s quotation size or aggregate                   quotation time should be the timestamp                       Additionally, the Participants stated
                                              quotation size.                                          applied when the quotation is added to                       that FINRA TRFs or quotation facilities
                                                 The Amendments propose to require                     the exchange’s order book.11 The                             should not include intermediate
                                              Participants to include in reports to the                commenter further stated that the                            processing timestamps because such
                                              Processor the time of the trade or the                   timestamp reported by the exchange                           additional timestamps go beyond the
                                              quotation. In the case of a Participant                  should reflect the actual underlying                         scope of the Amendments’ objectives
                                              that is a national securities exchange,                  matching engine event, and not any                           and that requiring these additions
                                              the time of the transaction or quotation                 internal processing that may occur at                        would be costly and time consuming.18
                                              is to be reported in microseconds as                     the exchange before submission to the                        The Participants noted that additional
                                              identified in the Participant’s matching                 SIPs.12 In response to the comment that                      timestamps would delay the rollout of
                                              engine publication timestamp. In the                                                                                  the timestamp initiative considerably,
                                                                                                       the ‘‘matching engine publication
                                              case of FINRA, the time of a transaction                                                                              impose a significant cost on the
                                                                                                       timestamps’’ be more clearly defined,
                                              will be the time of execution that a                                                                                  industry, require specialized equipment,
                                                                                                       the Participants stated that the purpose
                                              FINRA member reports to a FINRA trade                                                                                 add significant bandwidth
                                                                                                       of the Amendments is to respond to the
                                              reporting facility and the time of a bid                                                                              requirements, and result in an array of
                                                                                                       Commission’s request to provide
                                              or offer will be the quotation                                                                                        timestamps that would likely lead to
                                                                                                       information allowing market
                                              publication timestamp that the bidding                                                                                confusion within the industry.19
                                                                                                       participants to compare proprietary data
                                              or offering member reports to the FINRA                                                                                  Additionally, the commenter believes
                                                                                                       feed latency to consolidated data feed
                                              quotation facility, all in accordance with                                                                            that the SIPs should be responsible for
                                                                                                       latency.13 The Participants noted that
                                              FINRA rules.8 In addition, if a FINRA                                                                                 market-wide determinations of whether
                                                                                                       they devoted considerable effort and
                                              trade reporting facility or quotation                                                                                 a trade is reported out of sequence and
                                              facility provides a proprietary feed of                  resources to expedite this timestamp
                                                                                                       initiative at Chair White’s request. The                     not last sale eligible.20 The commenter
                                              trades or quotes reported by the facility                                                                             suggested that the SIPs should make
                                              to the Processor, then the FINRA facility                Participants use the proposed term of
                                                                                                       ‘‘matching engine publication                                market-wide determinations if
                                              must also furnish the Processor with the                                                                              transactions are out of sequence by
                                              time of the transmission as published on                 timestamps’’ to connote the timestamp
                                                                                                       published by each Participant’s                              comparing the incoming transaction’s
                                              the facility’s proprietary feed.                                                                                      execution time against the execution
                                                                                                       matching engine. The Participants
                                              III. Summary of Comment Letter and                       believe that the proposal will provide                       time of the most recent transaction that
                                              Participants’ Response                                   transparency that will enable market                         was last sale eligible and published. The
                                                 The Commission received one                           participants to compare the latency                          Participants stated that the Participants
                                              comment letter on the proposed                           between the proprietary data feed and                        have historically determined last sale
                                              Amendments and a response to that                        the consolidated data feed, which the                        elgibility and out of sequence reporting
                                              comment letter from the Participants.                    Participants believe the industry will                       pursuant to their own rules 21 and
                                              The commenter supports the proposed                      find most useful.14                                          believe that such determinations should
                                              Amendments, but suggested                                   Next, the commenter stated that the                       continue to be made by the Participants
                                              clarifications to certain aspects of the                 proposed Amendments should provide                           consistent with their respective rules.22
                                              Amendments.                                              clarity on the timestamp information
                                                                                                                                                                      16 See  SIFMA Letter at 3.
                                                                                                       that FINRA would be required to
                                                                                                                                                                      17 See  Response Letter at 3.
                                                5 See   Securities Exchange Act Release No. 74909      provide to the SIPs.15 As proposed, any                         18 See Response Letter at 3–4.
                                              (May 8, 2015), 80 FR 27764 (‘‘Notice’’).                 FINRA proprietary data feed of trades or                        19 Id.
                                                 6 See Letter from Theodore R. Lazo, Managing
                                                                                                       quotes reported by the FINRA trade                              20 See SIFMA Letter at 3.
                                              Director and Associate Director, SIFMA, to Brent J.
                                              Fields, Secretary, Commission, dated June 5, 2015        reporting facility (‘‘TRF’’) to the SIPs                        21 See Response Letter at 4.

                                              (‘‘SIFMA Letter’’) commenting on this proposal as        would be required to furnish the SIPs                           22 The commenter also called for change in the

                                              well as the parallel amendment to the UTP Plan.                                                                       governance structure of NMS plans which it states
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                                                 7 See Letter from Emily Kasparov, Chairman, CTA            9 See    SIFMA Letter at 3.                             is ineffective and opaque, suggesting that governing
                                              Plan Operating Committee to Brent J. Fields,                  10 Id.                                                  bodies of NMS plans should include representatives
                                              Secretary, Commission, dated July 17, 2015                    11 Id.                                                  from broker-dealers, asset managers, and the public,
                                              (‘‘Response Letter’’).                                        12 Id.
                                                                                                                                                                    with each of these groups having voting power on
                                                 8 If a FINRA member reports to it in seconds or                                                                    the plans’ operating committees. See SIFMA Letter
                                                                                                            13 See Response Letter at 2–3.
                                              milliseconds, FINRA must convert the times to                                                                         at 4. The Participants noted that the Plans held
                                                                                                            14 See Response Letter 3–4.
                                              microseconds and must furnish the Processor the                                                                       numerous meetings to fashion the timestamp tools
                                              reports in microseconds.                                      15 See SIFMA Letter at 1, 3.                                                                       Continued




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                                              45254                        Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices

                                              In addition, the Participants noted that                 appropriate for the protection of                         SECURITIES AND EXCHANGE
                                              this suggestion is outside the scope of                  investors and the maintenance of fair                     COMMISSION
                                              the Amendments.23                                        and orderly markets to assure the                         [Release No. 34–75505; File No. S7–24–89]
                                              IV. Discussion and Commission                            availability to brokers, dealers, and
                                              Findings                                                 investors of information with respect to                  Joint Industry Plan; Order Approving
                                                                                                       quotations and transactions in                            Amendment No. 35 to the Joint Self-
                                                 After careful review and
                                                                                                       securities. These goals are furthered by                  Regulatory Organization Plan
                                              consideration of the proposed
                                                                                                       the proposed changes requiring that                       Governing the Collection,
                                              Amendments, the comment letter, and
                                                                                                       Participants add timestamps to their                      Consolidation and Dissemination of
                                              the Response Letter, the Commission
                                                                                                       trade and quotation reports as this will                  Quotation and Transaction Information
                                              finds that the proposed Amendments to
                                                                                                       add transparency regarding the latencies                  for Nasdaq-Listed Securities Traded on
                                              the Plans are consistent with the
                                                                                                       between the CTA and CQ Plans’                             Exchanges on an Unlisted Trading
                                              requirements of the Act and the rules
                                                                                                       consolidated data feeds and industry                      Privileges Basis Submitted by the
                                              and regulations thereunder,24 and, in
                                                                                                       proprietary feeds. Users of the                           BATS Exchange, Inc., BATS Y-
                                              particular, Section 11A(a)(1) of the
                                                                                                       consolidated feeds will be better able to                 Exchange, Inc., Chicago Board
                                              Act 25 and Rule 608 thereunder 26 in that
                                                                                                       monitor the latency of those feeds and                    Options Exchange, Incorporated,
                                              they are necessary or appropriate in the
                                                                                                                                                                 Chicago Stock Exchange, Inc., EDGA
                                              public interest, for the protection of                   to assess whether such feeds meet their
                                                                                                                                                                 Exchange, Inc., EDGX Exchange, Inc.,
                                              investors and the maintenance of fair                    trading and other requirements.
                                                                                                                                                                 Financial Industry Regulatory
                                              and orderly markets, to remove
                                                                                                       V. Conclusion                                             Authority, Inc., International Securities
                                              impediments to, and perfect the
                                                                                                                                                                 Exchange LLC, NASDAQ OMX BX, Inc.,
                                              mechanisms of, a national market                           It is therefore ordered, pursuant to                    NASDAQ OMX PHLX LLC, Nasdaq
                                              system. While supporting the timestamp                   Section 11A of the Act,28 and the rules                   Stock Market LLC, National Stock
                                              Amendments, the commenter raised
                                                                                                       thereunder, that the proposed                             Exchange, Inc., New York Stock
                                              three issues regarding the proposal—the
                                                                                                       Amendments to the CTA Plan and CQ                         Exchange LLC, NYSE MKT LLC, and
                                              need to define the term ‘‘matching
                                                                                                       Plan (File No. SR–CTA/CQ–2015–01)                         NYSE Arca, Inc.
                                              engine publication timestamp’’ more
                                              clearly, the need for additional                         are approved.
                                                                                                                                                                 July 22, 2015.
                                              timestamps, and a preference that the                      For the Commission, by the Division of
                                              SIPs determine whether a trade is                        Trading and Markets, pursuant to delegated                I. Introduction
                                              reported out of sequence and not last                    authority.29                                                 On April 27, 2015, the operating
                                              sale eligible. The commenter also                        Robert W. Errett,                                         committee (‘‘Operating Committee’’ or
                                              believes that there is a need to reform                  Deputy Secretary.
                                                                                                                                                                 ‘‘Committee’’) 1 of the Joint Self-
                                              SIP governance. The Participants                                                                                   Regulatory Organization Plan Governing
                                                                                                       [FR Doc. 2015–18392 Filed 7–28–15; 8:45 am]
                                              responded to the commenter’s concerns,                                                                             the Collection, Consolidation, and
                                                                                                       BILLING CODE 8011–01–P                                    Dissemination of Quotation and
                                              as discussed above, indicating why they
                                              believe that the proposal adequately                                                                               Transaction Information for Nasdaq-
                                              addresses the issue it was meant to                                                                                Listed Securities Traded on Exchanges
                                              address—providing additional                                                                                       on an Unlisted Trading Privileges Basis
                                              information so that interested persons                                                                             (‘‘Nasdaq/UTP Plan’’ or ‘‘Plan’’) filed
                                              will be able to measure the latency                                                                                with the Securities and Exchange
                                              between the consolidated data feeds and                                                                            Commission (‘‘Commission’’) pursuant
                                              industry proprietary data feeds. The                                                                               to Section 11A of the Securities
                                              Participants stated that including                                                                                 Exchange Act of 1934 (‘‘Act’’),2 and
                                              additional timestamps would delay                                                                                  Rule 608 thereunder,3 a proposal to
                                              implementation of the proposal, add                                                                                amend the Nasdaq/UTP Plan.4 The
                                              costs, and could be confusing. The
                                              Participants also indicated that they                                                                                 1 The Plan Participants (collectively the

                                              continue to believe they should decide,                                                                            ‘‘Participants’’) are the: BATS Exchange, Inc.; BATS
                                                                                                                                                                 Y-Exchange, Inc.; Chicago Board Options Exchange,
                                              consistent with their rules, whether                                                                               Incorporated; Chicago Stock Exchange, Inc.; EDGA
                                              trades are reported out of sequence and                                                                            Exchange, Inc.; EDGX Exchange, Inc.; Financial
                                              not last sale eligible. The Commission                                                                             Industry Regulatory Authority, Inc. (‘‘FINRA’’);
                                              agrees with the Participants’ response to                                                                          International Securities Exchange LLC; NASDAQ
                                                                                                                                                                 OMX BX, Inc.; NASDAQ OMX PHLX LLC; Nasdaq
                                              the issues raised by the comment letter.                                                                           Stock Market LLC; National Stock Exchange, Inc.;
                                                 The proposal is consistent with                                                                                 New York Stock Exchange LLC; NYSE MKT LLC;
                                              Section 11A(a)(1)(C)(iii) of the Act,27                                                                            and NYSE Arca, Inc.
                                              which sets forth Congress’ finding that                                                                               2 15 U.S.C. 78k–1.
                                                                                                                                                                    3 17 CFR 240.608.
                                              it is in the public interest and
                                                                                                                                                                    4 The Plan governs the collection, processing, and

                                                                                                                                                                 dissemination on a consolidated basis of quotation
                                              including meetings among the Participants and Plan                                                                 information and transaction reports in Eligible
                                              subcommittees, Commission staff, and also                                                                          Securities for each of its Participants. This
                                              involved consultation with industry representatives                                                                consolidated information informs investors of the
                                              from the Plan’s Advisory Committees. See Response                                                                  current quotation and recent trade prices of Nasdaq
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                                              Letter at 2.
                                                 23 See Response Letter at 4.
                                                                                                                                                                 securities. It enables investors to ascertain from one
                                                                                                                                                                 data source the current prices in all the markets
                                                 24 The Commission has considered the proposed
                                                                                                                                                                 trading Nasdaq securities. The Plan serves as the
                                              amendment’s impact on efficiency, competition,                                                                     required transaction reporting plan for its
                                              and capital formation. 15 U.S.C. 78c(f).                                                                           Participants, which is a prerequisite for their
                                                 25 15 U.S.C. 78k–1(a)(1).
                                                                                                                                                                 trading Eligible Securities. See Securities Exchange
                                                 26 17 CFR 240.608.                                         28 15   U.S.C. 78k–1.                                Act Release No. 55647 (April 19, 2007) 72 FR 20891
                                                 27 15 U.S.C. 78k–1(a)(1)(C)(iii).                          29 17   CFR 200.30–3(a)(27).                         (April 26, 2007).



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Document Created: 2015-12-15 13:05:30
Document Modified: 2015-12-15 13:05:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 45252 

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