82_FR_13078 82 FR 13034 - Order Granting Limited Exemptive Relief, Pursuant to Rule 608(e) of the Securities Exchange Act of 1934, From the Clock Synchronization Compliance Deadline Specified in Section 6.7(a)(ii) of the National Market System Plan Governing the Consolidated Audit Trail

82 FR 13034 - Order Granting Limited Exemptive Relief, Pursuant to Rule 608(e) of the Securities Exchange Act of 1934, From the Clock Synchronization Compliance Deadline Specified in Section 6.7(a)(ii) of the National Market System Plan Governing the Consolidated Audit Trail

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 44 (March 8, 2017)

Page Range13034-13036
FR Document2017-04479

Federal Register, Volume 82 Issue 44 (Wednesday, March 8, 2017)
[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Notices]
[Pages 13034-13036]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04479]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80142]


Order Granting Limited Exemptive Relief, Pursuant to Rule 608(e) 
of the Securities Exchange Act of 1934, From the Clock Synchronization 
Compliance Deadline Specified in Section 6.7(a)(ii) of the National 
Market System Plan Governing the Consolidated Audit Trail

March 2, 2017.
    By letter dated January 17, 2017, Bats BYZ Exchange, Inc., Bats BZX 
Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc., BOX 
Options Exchange, LLC, C2 Options Exchange, Incorporated, Chicago Board 
Options Exchange, Incorporated, Chicago Stock Exchange, Inc., Financial 
Industry Regulatory Authority, Inc. (``FINRA''), International 
Securities Exchange, Inc., Investors' Exchange, LLC, ISE Gemini, LLC, 
ISE Mercury, LLC, Miami International Securities Exchange LLC, NASDAQ 
BX, Inc., NASDAQ PHLX LLC, The NASDAQ Stock Market LLC, National Stock 
Exchange, Inc., New York Stock Exchange LLC, NYSE Arca, Inc., and NYSE 
MKT, LLC (collectively, the ``Participants'' to the National Market 
System (``NMS'') Plan Governing the Consolidated Audit Trail (``CAT NMS 
Plan'')) requested that the Securities and Exchange Commission 
(``Commission'' or ``SEC'') grant limited exemptive relief to the 
Participants, pursuant to its authority under Rule 608(e) of Regulation 
NMS under the Securities Exchange Act (``Exchange Act''),\1\ from the 
clock synchronization compliance deadline set forth in Section 
6.7(a)(ii) of the CAT NMS Plan.\2\
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    \1\ 17 CFR 242.608(e).
    \2\ See letter from the Participants to Brent J. Fields, 
Secretary, Commission, dated January 17, 2017 (``Exemption 
Request''). Unless otherwise noted, capitalized terms are used as 
defined in Rule 613, in the CAT NMS Plan, or in this letter.
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    Rule 608(c) of Regulation NMS under the Exchange Act requires that 
each self-regulatory organization (``SRO'') comply with and, absent 
reasonable justification or excuse, enforce compliance by its members 
with, the terms of any effective NMS plan of which it is a sponsor or a 
participant.\3\ Section 6.7(a)(ii) of the CAT NMS Plan states that 
``[u]nless otherwise ordered by the SEC: . . . within four (4) months 
after the Effective Date, each Participant shall, and through its 
Compliance Rule shall require its Industry Members to, synchronize its 
or their Business Clocks as required by Section 6.8 and certify to the 
Chief Compliance Officer (in the case of Participants) or the 
applicable Participant (in the case of Industry Members) that such 
Participant has met this requirement.'' \4\
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    \3\ 17 CFR 242.608(c).
    \4\ Securities Exchange Act Release No. 79318 (Nov. 15, 2016), 
81 FR 84696, 84963 (Nov. 23, 2016) (Order Approving CAT NMS Plan) 
Ex. A, Sec. 6.7(a)(ii).
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    The Participants request that the Commission extend the clock 
synchronization compliance date set forth in Section 6.7(a)(ii) from 
within four months after the effective date of CAT NMS Plan, or March 
15, 2017, to February 19, 2018 only with respect to Industry Members 
with Business Clocks that do not capture time in milliseconds as of the 
date of this order. The Participants note that the existing clock 
synchronization compliance date under Section 6.7(a)(ii) of March 15, 
2017 would remain in effect for those Industry Members with Business 
Clocks that capture time in milliseconds.\5\ In support of their 
Exemption Request, the Participants state, generally, that the request 
is narrowly tailored and would

[[Page 13035]]

provide significant costs savings to Industry Members with Business 
Clocks that do not capture time in milliseconds, without having any 
adverse effect on the consolidated audit trail under the CAT NMS 
Plan.\6\ The following outlines the Participants claims in support of 
their exemptive request.
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    \5\ See Exemption Request at 1 n.4.
    \6\ See Exemption Request at 1.
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    First, the Participants note that their requested alternative 
compliance date of February 19, 2018 is consistent with FINRA's 
compliance date for FINRA Rule 4590, which was approved last year and 
imposed a new clock synchronization standard of 50 milliseconds 
applicable to business clocks that are used to record certain events in 
NMS securities or OTC equity securities.\7\ Among other things, FINRA 
member firms that do not capture time in milliseconds have until 
February 19, 2018 to synchronize their business clocks to the new 50 
millisecond standard.\8\ The Participants believe that it is 
appropriate to have the CAT NMS Plan clock synchronization requirements 
also take effect by February 19, 2018 for those Industry Members that 
do not capture time in milliseconds as FINRA member firms currently are 
preparing for the implementation of clock synchronization requirements 
comparable to those set forth in the CAT NMS Plan by February 19, 
2018.\9\
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    \7\ See Securities Exchange Act Release No. 77565 (April 8, 
2016), 81 FR 22136 (April 14, 2016) (SR-FINRA-2016-005) (order 
approving FINRA's proposed rule change to reduce the synchronization 
tolerance for computer clocks that are used to record events in NMS 
securities and OTC equity securities).
    \8\ See FINRA Regulatory Notice 16-23 (July 2016) (establishing 
for FINRA Rule 4590 a Phase 1 implementation date of February 20, 
2017 for systems that capture time in milliseconds and a Phase 2 
implementation date of February 19, 2018 systems that do not capture 
time in milliseconds).
    \9\ See Exemption Request at 2. Because FINRA's compliance date 
for those firms that capture time in milliseconds (February 20, 
2017) is one month prior to the CAT clock synchronization compliance 
date (March 15, 2017), the Participants are not requesting exemptive 
relief with regard to Industry Members that capture time in 
milliseconds.
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    Second, the Participants state that Industry Members are not 
required to begin reporting information to the Central Repository for 
at least 20 months after the current March 15, 2017 deadline imposed by 
the CAT NMS Plan for clock synchronization.\10\ Specifically, large 
Industry Members are required to begin reporting to the Central 
Repository on November 15, 2018 (20 months after the CAT NMS Plan clock 
synchronization deadline),\11\ and Small Industry Members are required 
to begin reporting on November 15, 2019 (32 months after the CAT NMS 
Plan deadline).\12\ The Participants believe that allowing Industry 
Members that do not capture time in milliseconds until February 19, 
2018 to synchronize their Business Clocks will result in significant 
cost savings for such firms.\13\ The Participants state that during 
these 20 and 32 month periods they would not be required to incur the 
substantial costs of complying with the more rigorous clock 
synchronization requirements, such as updating and testing their clock 
technology, documenting and following clock synchronization procedures 
that would include performing regular clock synchronizations and 
preparing a log that documents each clock synchronization event, far in 
advance of the start of reporting obligations.\14\
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    \10\ See Exemption Request at 2-3.
    \11\ See Order Approving CAT NMS Plan, Ex. A, Sec. 6.7(a)(v), 81 
FR at 84963.
    \12\ See Order Approving CAT NMS Plan, Ex. A, Sec. 6.6(a)(v), 81 
FR at 84962.
    \13\ See Exemption Request at 2-3.
    \14\ See id. at 3.
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    Third, the Participants also believe that a compliance date of 
February 19, 2018 for Industry Members that do not capture time in 
milliseconds will provide Industry Members with sufficient preparation 
time to ensure the required level of clock synchronization is achieved 
prior to the commencement of their obligations to report to the Central 
Repository.\15\ The Participants note that a compliance date of 
February 19, 2018 provides a comparable clock synchronization deadline 
to that imposed by Rule 613 on the Participants themselves, who are 
required to synchronize their own Business Clocks eight months before 
they commence reporting data to the Central Repository.\16\ Under the 
requested exemption, large Industry Members that do not capture time in 
milliseconds would be required to synchronize their Business Clocks 
nine months before reporting to the Central Repository, and Small 
Industry Members would be required to do so 21 months before 
reporting.\17\
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    \15\ See id.
    \16\ See id. (citing 17 CFR 242.613(a)(3)(ii)).
    \17\ See Exemption Request at 3.
---------------------------------------------------------------------------

    Rule 608(e) of Regulation NMS provides that the Commission may 
exempt from the provisions of an NMS plan, either unconditionally or on 
specified terms and conditions, any SRO or its members, if the 
Commission determines that such exemption is consistent with the public 
interest, the protection of investors, the maintenance of fair and 
orderly markets, and the removal of impediments to, and perfection of 
the mechanisms of, a national market system.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 242.608(e).
---------------------------------------------------------------------------

    The Commission finds that the requested exemption is consistent 
with the requirements set forth in Rule 608(e). The Commission notes 
that the Participants have narrowly tailored their exemptive request to 
seek such relief for a limited period of time and only with respect to 
those Industry Members with Business Clocks that do not capture time in 
milliseconds. Given that these Industry Members' obligations to report 
to the Central Repository do not commence until November 2018 or 
November 2019 (depending on the size of the firm), the Commission 
believes that the requested exemption should not result in any adverse 
effect on the implementation or operation of the consolidated audit 
trail. In addition, because any changes to these Industry Members' 
current Business Clocks would require modifications to their firm's 
systems and processes, this exemption will allow those Industry Members 
with Business Clocks that do not already capture time in milliseconds 
additional time to identify and implement the most cost effective clock 
synchronization solution to achieve compliance with the new standard. 
Further, the Commission believes that allowing less automated Industry 
Members to synchronize their clocks by February 19, 2018 is also 
consistent with the phased implementation approach set forth by FINRA 
in its Rule 4590.\19\ Thus, the exemption would serve the Participants' 
stated goal of achieving significant cost savings (from not incurring 
ongoing costs from March 15, 2017 to February 19, 2018 as well as a 
potential reduction in eventual costs if the delay allows for 
identification of lower costs solutions) for certain Industry Members. 
Accordingly, the Commission believes that imposing the more aggressive 
deadline required by Section 6.7(a)(ii) of CAT NMS Plan on those 
Industry Members with Business Clocks that do not capture time in 
milliseconds would not otherwise facilitate implementation of the 
consolidated audit trail.
---------------------------------------------------------------------------

    \19\ See Securities Exchange Act Release No. 77196 (Feb. 19, 
2016), 81 FR 9550, 9553 n.35 (Feb. 25, 2016) (SR-FINRA-2016-005) 
(noting that, in FINRA's view, ``a phased implementation could allow 
firms, particularly smaller or less automated firms, a greater time 
period over which they can identify and implement the most cost 
effective clock synchronization solution that meets the standard 
required by this proposal'').
---------------------------------------------------------------------------

    Therefore, the Commission believes that this exemption is 
consistent with the public interest, the protection of investors, the 
maintenance of fair and

[[Page 13036]]

orderly markets and the removal of impediments to, and the perfection 
of a national market system because it is narrowly tailored, may 
provide cost savings to those Industry Members that do not capture time 
in milliseconds, allows such Industry Members additional time to 
develop cost efficient ways to achieve clock synchronization and will 
not adversely affect the implementation of the consolidated audit 
trail.
    Accordingly, it is hereby ordered, pursuant to Rule 608(e) of the 
Exchange Act,\20\ that the Participants are granted a limited exemption 
extending the clock synchronization compliance date set forth in 
Section 6.7(a)(ii) of CAT NMS Plan from within four months after the 
effective date of CAT NMS Plan, or March 15, 2017, to February 19, 2018 
with respect to Industry Members with Business Clocks that do not 
capture time in milliseconds as of the date of this order.
---------------------------------------------------------------------------

    \20\ 17 CFR 242.608(e).

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-04479 Filed 3-7-17; 8:45 am]
BILLING CODE 8011-01-P



                                                  13034                          Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

                                                  III. Date of Effectiveness of the                       rules/sro.shtml). Copies of the                        NASDAQ PHLX LLC, The NASDAQ
                                                  Proposed Rule Change and Timing for                     submission, all subsequent                             Stock Market LLC, National Stock
                                                  Commission Action                                       amendments, all written statements                     Exchange, Inc., New York Stock
                                                     This filing is made pursuant to                      with respect to the proposed rule                      Exchange LLC, NYSE Arca, Inc., and
                                                  Section 19(b)(3)(A) of the Act 11 and                   change that are filed with the                         NYSE MKT, LLC (collectively, the
                                                  Rule 19b–4(f)(5) 12 thereunder.                         Commission, and all written                            ‘‘Participants’’ to the National Market
                                                     This filing relates solely to effecting a            communications relating to the                         System (‘‘NMS’’) Plan Governing the
                                                  change in an existing order-entry or                    proposed rule change between the                       Consolidated Audit Trail (‘‘CAT NMS
                                                  trading system of a self-regulatory                     Commission and any person, other than                  Plan’’)) requested that the Securities and
                                                  organization that (i) does not                          those that may be withheld from the                    Exchange Commission (‘‘Commission’’
                                                  significantly affect the protection of                  public in accordance with the                          or ‘‘SEC’’) grant limited exemptive relief
                                                  investors or the public interest, (ii) does             provisions of 5 U.S.C. 552, will be                    to the Participants, pursuant to its
                                                  not impose any significant burden on                    available for Web site viewing and                     authority under Rule 608(e) of
                                                  competition, and (iii) does not have the                printing in the Commission’s Public                    Regulation NMS under the Securities
                                                  effect of limiting the access to or the                 Reference Room, 100 F Street NE.,                      Exchange Act (‘‘Exchange Act’’),1 from
                                                  availability of the system, and as such                 Washington, DC 20549 on official                       the clock synchronization compliance
                                                  takes effect upon filing under                          business days between the hours of                     deadline set forth in Section 6.7(a)(ii) of
                                                  Subsection (iii) of Paragraph (A).                      10:00 a.m. and 3:00 p.m. Copies of such                the CAT NMS Plan.2
                                                     At any time within 60 days of the                    filing also will be available for                         Rule 608(c) of Regulation NMS under
                                                  filing of the proposed rule change, the                 inspection and copying at the principal                the Exchange Act requires that each self-
                                                  Commission summarily may                                office of the Exchange. All comments                   regulatory organization (‘‘SRO’’) comply
                                                  temporarily suspend such rule change if                 received will be posted without change;                with and, absent reasonable justification
                                                  it appears to the Commission that such                  the Commission does not edit personal                  or excuse, enforce compliance by its
                                                  action is necessary or appropriate in the               identifying information from                           members with, the terms of any effective
                                                  public interest, for the protection of                  submissions. You should submit only                    NMS plan of which it is a sponsor or a
                                                  investors, or otherwise in furtherance of               information that you wish to make                      participant.3 Section 6.7(a)(ii) of the
                                                  the purposes of the Act. If the                         available publicly. All submissions                    CAT NMS Plan states that ‘‘[u]nless
                                                  Commission takes such action, the                       should refer to File Number SR–                        otherwise ordered by the SEC: . . .
                                                  Commission shall institute proceedings                  NYSEArca–2017–15, and should be                        within four (4) months after the
                                                  under Section 19(b)(2)(B) 13 of the Act to              submitted on or before March 29, 2017.                 Effective Date, each Participant shall,
                                                  determine whether the proposed rule                                                                            and through its Compliance Rule shall
                                                                                                            For the Commission, by the Division of               require its Industry Members to,
                                                  change should be approved or                            Trading and Markets, pursuant to delegated
                                                  disapproved.                                                                                                   synchronize its or their Business Clocks
                                                                                                          authority.14
                                                                                                                                                                 as required by Section 6.8 and certify to
                                                  IV. Solicitation of Comments                            Eduardo A. Aleman,                                     the Chief Compliance Officer (in the
                                                                                                          Assistant Secretary.                                   case of Participants) or the applicable
                                                    Interested persons are invited to
                                                                                                          [FR Doc. 2017–04477 Filed 3–7–17; 8:45 am]             Participant (in the case of Industry
                                                  submit written data, views, and
                                                  arguments concerning the foregoing,                     BILLING CODE 8011–01–P                                 Members) that such Participant has met
                                                  including whether the proposed rule                                                                            this requirement.’’ 4
                                                  change is consistent with the Act.                                                                                The Participants request that the
                                                                                                          SECURITIES AND EXCHANGE                                Commission extend the clock
                                                  Comments may be submitted by any of
                                                                                                          COMMISSION                                             synchronization compliance date set
                                                  the following methods:
                                                                                                          [Release No. 34–80142]                                 forth in Section 6.7(a)(ii) from within
                                                  Electronic Comments                                                                                            four months after the effective date of
                                                    • Use the Commission’s Internet                       Order Granting Limited Exemptive                       CAT NMS Plan, or March 15, 2017, to
                                                  comment form (http://www.sec.gov/                       Relief, Pursuant to Rule 608(e) of the                 February 19, 2018 only with respect to
                                                  rules/sro.shtml); or                                    Securities Exchange Act of 1934, From                  Industry Members with Business Clocks
                                                    • Send an email to rule-comments@                     the Clock Synchronization Compliance                   that do not capture time in milliseconds
                                                  sec.gov. Please include File Number SR–                 Deadline Specified in Section 6.7(a)(ii)               as of the date of this order. The
                                                  NYSEArca–2017–15 on the subject line.                   of the National Market System Plan                     Participants note that the existing clock
                                                                                                          Governing the Consolidated Audit Trail                 synchronization compliance date under
                                                  Paper Comments                                                                                                 Section 6.7(a)(ii) of March 15, 2017
                                                     • Send paper comments in triplicate                  March 2, 2017.                                         would remain in effect for those
                                                  to Brent J. Fields, Secretary, Securities                  By letter dated January 17, 2017, Bats              Industry Members with Business Clocks
                                                  and Exchange Commission, 100 F Street                   BYZ Exchange, Inc., Bats BZX                           that capture time in milliseconds.5 In
                                                  NE., Washington, DC 20549–1090.                         Exchange, Inc., Bats EDGA Exchange,                    support of their Exemption Request, the
                                                  All submissions should refer to File                    Inc., Bats EDGX Exchange, Inc., BOX                    Participants state, generally, that the
                                                  Number SR–NYSEArca–2017–15. This                        Options Exchange, LLC, C2 Options                      request is narrowly tailored and would
                                                  file number should be included on the                   Exchange, Incorporated, Chicago Board
                                                  subject line if email is used. To help the              Options Exchange, Incorporated,                          1 17  CFR 242.608(e).
                                                                                                                                                                   2 See  letter from the Participants to Brent J. Fields,
                                                  Commission process and review your                      Chicago Stock Exchange, Inc., Financial
                                                                                                                                                                 Secretary, Commission, dated January 17, 2017
                                                                                                          Industry Regulatory Authority, Inc.
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                                                  comments more efficiently, please use                                                                          (‘‘Exemption Request’’). Unless otherwise noted,
                                                  only one method. The Commission will                    (‘‘FINRA’’), International Securities                  capitalized terms are used as defined in Rule 613,
                                                  post all comments on the Commission’s                   Exchange, Inc., Investors’ Exchange,                   in the CAT NMS Plan, or in this letter.
                                                                                                                                                                    3 17 CFR 242.608(c).
                                                  Internet Web site (http://www.sec.gov/                  LLC, ISE Gemini, LLC, ISE Mercury,
                                                                                                                                                                    4 Securities Exchange Act Release No. 79318
                                                                                                          LLC, Miami International Securities
                                                                                                                                                                 (Nov. 15, 2016), 81 FR 84696, 84963 (Nov. 23, 2016)
                                                    11 15 U.S.C. 78s(b)(3)(A).                            Exchange LLC, NASDAQ BX, Inc.,                         (Order Approving CAT NMS Plan) Ex. A, Sec.
                                                    12 17 CFR 240.19b–4(f)(5).                                                                                   6.7(a)(ii).
                                                    13 15 U.S.C. 78s(b)(2)(B).                              14 17   CFR 200.30–3(a)(12).                            5 See Exemption Request at 1 n.4.




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                                                                               Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices                                                    13035

                                                  provide significant costs savings to                    and Small Industry Members are                        perfection of the mechanisms of, a
                                                  Industry Members with Business Clocks                   required to begin reporting on                        national market system.18
                                                  that do not capture time in                             November 15, 2019 (32 months after the                   The Commission finds that the
                                                  milliseconds, without having any                        CAT NMS Plan deadline).12 The                         requested exemption is consistent with
                                                  adverse effect on the consolidated audit                Participants believe that allowing                    the requirements set forth in Rule
                                                  trail under the CAT NMS Plan.6 The                      Industry Members that do not capture                  608(e). The Commission notes that the
                                                  following outlines the Participants                     time in milliseconds until February 19,               Participants have narrowly tailored their
                                                  claims in support of their exemptive                    2018 to synchronize their Business                    exemptive request to seek such relief for
                                                  request.                                                Clocks will result in significant cost                a limited period of time and only with
                                                     First, the Participants note that their              savings for such firms.13 The                         respect to those Industry Members with
                                                  requested alternative compliance date of                Participants state that during these 20               Business Clocks that do not capture
                                                  February 19, 2018 is consistent with                    and 32 month periods they would not                   time in milliseconds. Given that these
                                                  FINRA’s compliance date for FINRA                       be required to incur the substantial costs            Industry Members’ obligations to report
                                                  Rule 4590, which was approved last                      of complying with the more rigorous                   to the Central Repository do not
                                                  year and imposed a new clock                            clock synchronization requirements,                   commence until November 2018 or
                                                  synchronization standard of 50                          such as updating and testing their clock              November 2019 (depending on the size
                                                  milliseconds applicable to business                     technology, documenting and following                 of the firm), the Commission believes
                                                  clocks that are used to record certain                  clock synchronization procedures that                 that the requested exemption should not
                                                  events in NMS securities or OTC equity                  would include performing regular clock                result in any adverse effect on the
                                                  securities.7 Among other things, FINRA                  synchronizations and preparing a log                  implementation or operation of the
                                                  member firms that do not capture time                   that documents each clock                             consolidated audit trail. In addition,
                                                  in milliseconds have until February 19,                 synchronization event, far in advance of              because any changes to these Industry
                                                  2018 to synchronize their business                      the start of reporting obligations.14                 Members’ current Business Clocks
                                                  clocks to the new 50 millisecond                           Third, the Participants also believe               would require modifications to their
                                                  standard.8 The Participants believe that                that a compliance date of February 19,                firm’s systems and processes, this
                                                  it is appropriate to have the CAT NMS                   2018 for Industry Members that do not                 exemption will allow those Industry
                                                  Plan clock synchronization                              capture time in milliseconds will                     Members with Business Clocks that do
                                                  requirements also take effect by                        provide Industry Members with                         not already capture time in milliseconds
                                                  February 19, 2018 for those Industry                    sufficient preparation time to ensure the             additional time to identify and
                                                  Members that do not capture time in                     required level of clock synchronization               implement the most cost effective clock
                                                  milliseconds as FINRA member firms                      is achieved prior to the commencement                 synchronization solution to achieve
                                                  currently are preparing for the                         of their obligations to report to the                 compliance with the new standard.
                                                  implementation of clock                                 Central Repository.15 The Participants                Further, the Commission believes that
                                                  synchronization requirements                            note that a compliance date of February               allowing less automated Industry
                                                  comparable to those set forth in the CAT                19, 2018 provides a comparable clock                  Members to synchronize their clocks by
                                                  NMS Plan by February 19, 2018.9                         synchronization deadline to that                      February 19, 2018 is also consistent
                                                     Second, the Participants state that
                                                                                                          imposed by Rule 613 on the Participants               with the phased implementation
                                                  Industry Members are not required to
                                                                                                          themselves, who are required to                       approach set forth by FINRA in its Rule
                                                  begin reporting information to the
                                                                                                          synchronize their own Business Clocks                 4590.19 Thus, the exemption would
                                                  Central Repository for at least 20
                                                                                                          eight months before they commence                     serve the Participants’ stated goal of
                                                  months after the current March 15, 2017
                                                                                                          reporting data to the Central                         achieving significant cost savings (from
                                                  deadline imposed by the CAT NMS Plan
                                                  for clock synchronization.10                            Repository.16 Under the requested                     not incurring ongoing costs from March
                                                  Specifically, large Industry Members are                exemption, large Industry Members that                15, 2017 to February 19, 2018 as well as
                                                  required to begin reporting to the                      do not capture time in milliseconds                   a potential reduction in eventual costs
                                                  Central Repository on November 15,                      would be required to synchronize their                if the delay allows for identification of
                                                  2018 (20 months after the CAT NMS                       Business Clocks nine months before                    lower costs solutions) for certain
                                                  Plan clock synchronization deadline),11                 reporting to the Central Repository, and              Industry Members. Accordingly, the
                                                                                                          Small Industry Members would be                       Commission believes that imposing the
                                                    6 See Exemption Request at 1.                         required to do so 21 months before                    more aggressive deadline required by
                                                    7 See Securities Exchange Act Release No. 77565       reporting.17                                          Section 6.7(a)(ii) of CAT NMS Plan on
                                                  (April 8, 2016), 81 FR 22136 (April 14, 2016) (SR–         Rule 608(e) of Regulation NMS                      those Industry Members with Business
                                                  FINRA–2016–005) (order approving FINRA’s                provides that the Commission may                      Clocks that do not capture time in
                                                  proposed rule change to reduce the synchronization
                                                  tolerance for computer clocks that are used to
                                                                                                          exempt from the provisions of an NMS                  milliseconds would not otherwise
                                                  record events in NMS securities and OTC equity          plan, either unconditionally or on                    facilitate implementation of the
                                                  securities).                                            specified terms and conditions, any                   consolidated audit trail.
                                                    8 See FINRA Regulatory Notice 16–23 (July 2016)
                                                                                                          SRO or its members, if the Commission                    Therefore, the Commission believes
                                                  (establishing for FINRA Rule 4590 a Phase 1             determines that such exemption is                     that this exemption is consistent with
                                                  implementation date of February 20, 2017 for
                                                  systems that capture time in milliseconds and a         consistent with the public interest, the              the public interest, the protection of
                                                  Phase 2 implementation date of February 19, 2018        protection of investors, the maintenance              investors, the maintenance of fair and
                                                  systems that do not capture time in milliseconds).      of fair and orderly markets, and the
                                                    9 See Exemption Request at 2. Because FINRA’s
                                                                                                          removal of impediments to, and                          18 17 CFR 242.608(e).
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                                                  compliance date for those firms that capture time                                                               19 See Securities Exchange Act Release No. 77196
                                                  in milliseconds (February 20, 2017) is one month          12 See Order Approving CAT NMS Plan, Ex. A,         (Feb. 19, 2016), 81 FR 9550, 9553 n.35 (Feb. 25,
                                                  prior to the CAT clock synchronization compliance                                                             2016) (SR–FINRA–2016–005) (noting that, in
                                                  date (March 15, 2017), the Participants are not         Sec. 6.6(a)(v), 81 FR at 84962.
                                                                                                            13 See Exemption Request at 2–3.                    FINRA’s view, ‘‘a phased implementation could
                                                  requesting exemptive relief with regard to Industry                                                           allow firms, particularly smaller or less automated
                                                                                                            14 See id. at 3.
                                                  Members that capture time in milliseconds.                                                                    firms, a greater time period over which they can
                                                    10 See Exemption Request at 2–3.                        15 See id.
                                                                                                                                                                identify and implement the most cost effective
                                                    11 See Order Approving CAT NMS Plan, Ex. A,             16 See id. (citing 17 CFR 242.613(a)(3)(ii)).
                                                                                                                                                                clock synchronization solution that meets the
                                                  Sec. 6.7(a)(v), 81 FR at 84963.                           17 See Exemption Request at 3.                      standard required by this proposal’’).



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                                                  13036                        Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

                                                  orderly markets and the removal of                      for systematically monitoring market                  methodology relies on a process that
                                                  impediments to, and the perfection of a                 conditions and performing adjustments                 adjusts the individual volatility
                                                  national market system because it is                    to its margin coverage when market                    measures of equity-based option
                                                  narrowly tailored, may provide cost                     volatility increases beyond historically              underliers (e.g., GE or IBM) by a
                                                  savings to those Industry Members that                  observed levels. The Advance Notice                   multiplier derived from the volatility of
                                                  do not capture time in milliseconds,                    was published for comment in the                      the Standard &Poor’s® 500 index
                                                  allows such Industry Members                            Federal Register on February 7, 2017.3                (‘‘SPX’’). OCC refers to that multiplier as
                                                  additional time to develop cost efficient               The Commission has not received any                   the uniform scale factor. To account for
                                                  ways to achieve clock synchronization                   comments on the Advance Notice to                     intra-month changes in volatility, the
                                                  and will not adversely affect the                       date. This publication serves as notice               uniform scale factor adjusts individual
                                                  implementation of the consolidated                      of no objection to the Advance Notice.                volatilities of applicable underliers by a
                                                  audit trail.                                                                                                  factor tied to the relationship between
                                                     Accordingly, it is hereby ordered,                   I. Background                                         the short-term and long term volatility
                                                  pursuant to Rule 608(e) of the Exchange                    OCC protects itself against potential              of the SPX. Specifically, the uniform
                                                  Act,20 that the Participants are granted                losses that could result from the default             scale factor is used as a proxy to ‘‘scale
                                                  a limited exemption extending the clock                 of a clearing member by requiring                     up’’ volatilities of equity-based option
                                                  synchronization compliance date set                     margin to be posted in connection with                underliers 4 when near-term volatility
                                                  forth in Section 6.7(a)(ii) of CAT NMS                  each member’s positions. The amount of                estimates fall below a certain ratio
                                                  Plan from within four months after the                  margin calculated and collected from                  relative to long-term average volatility,
                                                  effective date of CAT NMS Plan, or                      OCC’s clearing members, along with                    based on the volatility of the SPX. OCC
                                                  March 15, 2017, to February 19, 2018                    mutualized clearing-fund resources, is                asserts that, by applying a scale factor in
                                                  with respect to Industry Members with                   intended to make available to OCC                     this way, margin requirements better
                                                  Business Clocks that do not capture                     sufficient financial resources for the                account for intra-month volatility risks
                                                  time in milliseconds as of the date of                  orderly transfer or liquidation of a                  for individual equity-based option
                                                  this order.                                             defaulting clearing member’s positions.               underliers and thereby better ensure
                                                                                                          OCC’s proprietary risk management                     that clearing members maintain
                                                    By the Commission.
                                                                                                          system, the System for Theoretical                    sufficient margin assets in connection
                                                  Eduardo A. Aleman,                                                                                            with option positions based upon those
                                                                                                          Analysis and Numerical Simulations
                                                  Assistant Secretary.                                    (‘‘STANS’’), calculates each clearing                 underliers.
                                                  [FR Doc. 2017–04479 Filed 3–7–17; 8:45 am]              member’s margin requirement by                        II. Description of the Advance Notice
                                                  BILLING CODE 8011–01–P                                  utilizing Monte Carlo simulations to
                                                                                                          forecast price movements related to the                  OCC proposes a number of
                                                                                                          positions in each clearing member’s                   enhancements to its STANS margin
                                                  SECURITIES AND EXCHANGE                                 portfolio. The STANS margin                           methodology to more accurately
                                                  COMMISSION                                              requirement is intended to be sufficient              compute its clearing member margin
                                                  [Release No. 34–80143; File No. SR–OCC–                 to collateralize the member’s losses                  requirements. Specifically, OCC
                                                  2017–801]                                               across its portfolio over a two-day                   proposes the following: (1) )To change
                                                                                                          period, under normal market                           the length of time-series data used to
                                                  Self-Regulatory Organizations; The                      conditions.                                           calculate the uniform scale factor; (2) to
                                                  Options Clearing Corporation; Notice                       To determine margin requirements,                  introduce new equity index-based scale
                                                  of No Objection To Advance Notice                       STANS utilizes time-series data,                      factors; (3) to anchor individual risk
                                                  Filing Concerning the Options Clearing                  including pricing data on assets                      factor volatilities to longer-term
                                                  Corporation’s Margin Coverage During                    underlying the options contracts that                 averages; and (4) to implement daily
                                                  Times of Increased Volatility                           OCC clears, and performs calculations                 data updates of risk factors in OCC’s
                                                                                                          related to, among other things, the                   statistical models used to value U.S.
                                                  March 2, 2017.                                                                                                Treasury securities for collateral and
                                                                                                          volatilities of these underliers. The
                                                     The Options Clearing Corporation                                                                           margin purposes. Each proposed change
                                                                                                          margin amount collected from each
                                                  (‘‘OCC’’) filed on January 4, 2017 with                                                                       is discussed in greater detail below.
                                                                                                          clearing member also accounts for
                                                  the Securities and Exchange                                                                                      First, OCC proposes to change the
                                                                                                          expected changes in the value of
                                                  Commission (‘‘Commission’’) advance                                                                           time-series data period and thereby the
                                                                                                          collateral posted in connection with that
                                                  notice SR–OCC–2017–801 (‘‘Advance                                                                             data set used to calculate the uniform
                                                                                                          member’s portfolio.
                                                  Notice’’) pursuant to Section 806(e)(1) of                 One of the primary risk drivers in the             scale factor. One aspect of the uniform
                                                  the Payment, Clearing, and Settlement                   STANS methodology relates to the                      scale factor calculation relies on pricing
                                                  Supervision Act of 2010 (‘‘Payment,                     volatility of individual equity securities,           information, or time-series data, relating
                                                  Clearing and Settlement Supervision                     which is derived from pricing data                    to the individual components of the S&P
                                                  Act’’) 1 and Rule 19b–4(n)(1)(i) 2 under                imported monthly into STANS.                          500 index dating back to 1946, which
                                                  the Securities Exchange Act of 1934                     Between data feeds, the STANS margin                  pre-dates the 1957 introduction of SPX.
                                                  (‘‘Exchange Act’’) to modify its process                                                                      Because the time-series data pre-dates
                                                                                                            3 See Securities Exchange Act Release No. 79915     the SPX’s publication, OCC’s current
                                                    20 17 CFR 242.608(e).                                 (February 1, 2017), 82 FR 9613 (February 7, 2017)     practice is to supplement the published
                                                    1 12 U.S.C. 5465(e)(1). The Financial Stability
                                                                                                          (File No. SR–OCC–2017–801). OCC also filed a          SPX data with additional pricing
                                                  Oversight Council designated OCC a systemically         proposed rule change with the Commission              information that relies upon
mstockstill on DSK3G9T082PROD with NOTICES




                                                  important financial market utility on July 18, 2012.    pursuant to Section 19(b)(1) of the Exchange Act
                                                  See Financial Stability Oversight Council 2012          and Rule 19b–4 thereunder, seeking approval of        assumptions about what theoretically
                                                  Annual Report, Appendix A, http://                      changes to its rules necessary to implement the
                                                  www.treasury.gov/initiatives/fsoc/Documents/            Advance Notice. 15 U.S.C. 78s(b)(1) and 17 CFR          4 The uniform scale factor applies to the volatility
                                                  2012%20Annual%20Report.pdf. Therefore, OCC is           240.19b–4, respectively. This proposed rule change    measures for single-name and index underliers. It
                                                  required to comply with the Payment, Clearing and       was published in the Federal Register on January      does not apply to exchange-traded funds, futures,
                                                  Settlement Supervision Act and file advance             25, 2017. Securities Exchange Act Release No.         or volatility-based underliers. For the latter types of
                                                  notices with the Commission.                            79818 (January 18, 2017), 82 FR 8455 (January 25,     options, STANS uses a constant volatility measure
                                                    2 17 CFR 240.19b–4(n)(1)(i).                          2017) (SR–OCC–2017–001).                              calculated from monthly data feeds.



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Document Created: 2017-03-08 05:07:01
Document Modified: 2017-03-08 05:07:01
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 Citation82 FR 13034 

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