Notice2025-17597
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Rule 11.6800 Series
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Published
September 12, 2025
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 90 Issue 175 (Friday, September 12, 2025)</title>
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[Federal Register Volume 90, Number 175 (Friday, September 12, 2025)]
[Notices]
[Pages 44264-44266]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17597]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-103921; File No. SR-NYSEARCA-2025-66]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the Rule
11.6800 Series
September 9, 2025.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on August 27, 2025, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') a proposed rule change as described in Items I, and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the Rule 11.6800 Series, the
Exchange's compliance rule (``Compliance Rule'') regarding the National
Market System Plan Governing the Consolidated Audit Trail (the ``CAT
NMS Plan'' or ``Plan'') \3\ to be consistent with the exemptive relief
granted by the Commission from certain provisions of the CAT NMS Plan
related to timestamp granularity (``2025 Timestamp Granularity
Exemption'').\4\ Specifically, the Exchange proposes to update the
expiration date of the exemption in Rule 11.6860(a)(2) from April 8,
2025 to April 8, 2030. The proposed rule change is available on the
Exchange's website at <a href="http://www.nyse.com">www.nyse.com</a> and at the principal office of the
Exchange.
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\3\ Unless otherwise specified, capitalized terms used in this
rule filing are defined as set forth in the Compliance Rule.
\4\ See Securities Exchange Act Release No. 102980 (May 2,
2025), 90 FR 19334 (May 7, 2025).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV. The Exchange has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of this proposed rule change is to amend Rule 11.6860
of the Compliance Rule to be consistent with the 2025 Timestamp
Granularity Exemption. Under the 2025 Timestamp Granularity Exemption,
the Commission extended the existing exemptive relief pursuant to which
Industry Members that capture timestamps in increments more granular
than nanoseconds must truncate the timestamps after the nanosecond
level for submission to CAT, rather than rounding such timestamps up or
down, from April 8, 2025 to April 8, 2030. Accordingly, the Exchange
proposes to update the expiration date of the exemption in Rule
11.6860(a)(2) from April 8, 2025 to April 8, 2030.
On February 3, 2020, the Participants filed with the Commission a
request for exemptive relief from the requirement in Section 6.8(b) of
the CAT NMS Plan for each Participant, through its Compliance Rule, to
require that, to the extent that its Industry Members utilize
timestamps in increments finer than nanoseconds in their order handling
or execution systems, such Industry Members utilize such finer
increment when reporting CAT Data to the Central Repository.\5\ On
April 8, 2020, the Participants received the requested exemptive
relief.\6\ As a condition to this exemption, the Participants, through
their Compliance Rules, required Industry Members that capture
timestamps in increments more granular than nanoseconds to truncate the
timestamps after the nanosecond level for submission to CAT, rather
than rounding up or down in such circumstances. The exemption was to
remain in effect for five years, until April 8, 2025.
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\5\ See Letter to Vanessa Countryman, Secretary, SEC, from
Michael Simon, CAT NMS Plan Operating Committee Chair, re: Request
for Exemption from Certain Provisions of the National Market System
Plan Governing the Consolidated Audit Trail related to Granularity
of Timestamps and Relationship Identifiers (Feb. 3, 2020).
\6\ See Securities Exchange Act Release No. 88608 (April 8,
2020), 85 FR 20743 (April 14, 2020).
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In 2020, the Exchange amended paragraph (a)(2) of Rule 11.6860 to
reflect this exemptive relief.\7\ Specifically, the Exchange amended
Rule 11.6860(a)(2) to state the following.
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\7\ See Securities Exchange Act Release No. 89107 (June 19,
2020), 85 FR 38222 (June 25, 2020) (SR-NYSEARCA-2020-01).
Subject to paragraph (b), to the extent that any Industry
Member's order handling or execution systems utilize time stamps in
increments finer than milliseconds, such Industry Member shall
record and report Industry Member Data to the Central Repository
with time stamps in such finer increment up to nanoseconds;
provided, that Industry Members that capture timestamps in
increments more granular than nanoseconds must truncate the
timestamps after the nanosecond level for submission to CAT, rather
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than rounding such timestamps up or down, until April 8, 2025.
The language of Rule 11.6860(a)(2) has not been changed since that
time.
The exemption granted in 2020, however would no longer be in effect
after April 8, 2025, unless the period the exemption is in effect is
extended by the SEC. Accordingly, on March 24, 2025, the Participants
filed with the Commission a request to extend the existing exemptive
relief for another five years, until April 8, 2030.\8\ On May 2, 2025,
the Participants received the requested exemptive relief from the
Commission via the 2025 Timestamp Granularity Exemption. As a condition
to this exemption, the Participants, through their Compliance Rules,
are required to require Industry Members that capture timestamps in
increments more granular than nanoseconds to truncate the timestamps
after the nanosecond level for submission to CAT, rather than rounding
up or down in such circumstances. The SEC granted the 2025 Timestamp
Granularity Exemption for a period of five years, until April 8, 2030.
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\8\ See Letter to Vanessa Countryman, Secretary, SEC, from
Brandon Becker, CAT NMS Plan Operating Committee Chair, re: Request
for Exemption from Certain Provisions of the National Market System
Plan Governing the Consolidated Audit Trail related to Timestamp
Granularity (Mar. 24, 2025).
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Accordingly, the Exchange proposes to amend its Compliance Rule to
reflect the extended period set forth in the 2025 Timestamp Granularity
Exemption, replacing the reference to April 8, 2025 with April 8, 2030.
Specifically, the Exchange proposes to amend paragraph (a)(2) of Rule
11.6860 to state:
Subject to paragraph (b), to the extent that any Industry
Member's order handling or execution systems utilize time stamps in
increments finer than milliseconds, such Industry Member shall
record and report Industry Member Data to the Central Repository
with time stamps in such finer
[[Page 44265]]
increment up to nanoseconds; provided, that Industry Members that
capture timestamps in increments more granular than nanoseconds must
truncate the timestamps after the nanosecond level for submission to
CAT, rather than rounding such timestamps up or down, until April 8,
2030.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b)(5) of the Act,\9\ which require,
among other things, that the Exchange's rules must be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, and, in general, to protect
investors and the public interest, and Section 6(b)(8) of the Act,\10\
which requires that the Exchange's rules not impose any burden on
competition that is not necessary or appropriate.
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\9\ 15 U.S.C. 78f(b)(6).
\10\ 15 U.S.C. 78f(b)(8).
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The Exchange believes that this proposal is consistent with the Act
because it is consistent with the exemptive relief that has been in
place for five years, is consistent with the 2025 Timestamp Granularity
Exemption, and is designed to assist the Exchange and its Industry
Members in meeting regulatory obligations pursuant to the Plan. In
approving the Plan, the SEC noted that the Plan ``is necessary and
appropriate in the public interest, for the protection of investors and
the maintenance of fair and orderly markets, to remove impediments to,
and perfect the mechanism of a national market system, or is otherwise
in furtherance of the purposes of the Act.'' \11\ To the extent that
this proposal implements the Plan, including the exemptive relief
related thereto, and applies specific requirements to Industry Members,
the Exchange believes that this proposal furthers the objectives of the
Plan, as identified by the SEC, and is therefore consistent with the
Exchange Act.
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\11\ See Securities Exchange Act Release No. 79318 (November 15,
2016), 81 FR 84696, 84697 (November 23, 2016).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
notes that the proposed rule change is consistent with the exemptive
relief that has been in place for five years, is consistent with the
2025 Timestamp Granularity Exemption, and is designed to assist the
Exchange in meeting its regulatory obligations pursuant to the Plan.
The Exchange also notes that the amendment to the Compliance Rule will
apply equally to all Industry Members that trade NMS Securities and OTC
Equity Securities. In addition, all national securities exchanges and
FINRA are proposing these amendments to their CAT Compliance Rules.
Therefore, this is not a competitive rule filing, and, therefore, it
does not impose a burden on competition.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6) \13\ thereunder.
Because the foregoing proposed rule change does not: (i) significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; or (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6) thereunder.
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\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 17 CFR 240.19b-4(f)(6).
\14\ 15 U.S.C. 78s(b)(3)(A).
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A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\16\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately upon filing. The
Commission believes that waiving 30-day operative delay is consistent
with the protection of investors and the public interest because the
proposal seeks to amend, effective upon filing, the Exchange's CAT
Compliance Rule to reflect that the expiration date for exemptive
relief relating to timestamp granularity is now April 8, 2030, and the
proposal does not introduce any novel regulatory issues. Accordingly,
the Commission designates the proposed rule change to be operative upon
filing.\17\
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\15\ 17 CFR 240.19b-4(f)(6).
\16\ 17 CFR 240.19b-4(f)(6)(iii).
\17\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
<bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#1a686f767f37797577777f746e695a697f79347d756c"><span class="__cf_email__" data-cfemail="ddafa8b1b8f0beb2b0b0b8b3a9ae9daeb8bef3bab2ab">[email protected]</span></a>. Please include
file number SR-NYSEARCA-2025-66 on the subject line.
Paper Comments
<bullet> Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to file number SR-NYSEARCA-2025-66. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. Do not include
personal identifiable information in submissions; you should submit
only information that you wish to make available publicly. We may
redact in part or withhold entirely from publication submitted material
that is obscene or subject to copyright protection. All submissions
should refer to file number SR-NYSEARCA-2025-66 and should be submitted
on or before October 3, 2025.
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For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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\18\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2025-17597 Filed 9-11-25; 8:45 am]
BILLING CODE 8011-01-P
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