Notice2026-01528

Consolidated Tape Association; Notice of Filing of Fortieth Substantive Amendment to the Second Restatement of the CTA Plan and Thirty-First Substantive Amendment to the Restated CQ Plan

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Published
January 27, 2026

Issuing agencies

Securities and Exchange Commission

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<title>Federal Register, Volume 91 Issue 17 (Tuesday, January 27, 2026)</title>
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[Federal Register Volume 91, Number 17 (Tuesday, January 27, 2026)]
[Notices]
[Pages 3602-3609]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01528]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-104665; File No. SR-CTA/CQ-2026-01]


Consolidated Tape Association; Notice of Filing of Fortieth 
Substantive Amendment to the Second Restatement of the CTA Plan and 
Thirty-First Substantive Amendment to the Restated CQ Plan

January 22, 2026.
    Pursuant to Section 11A of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 608 thereunder,\2\ notice is hereby given that 
on January 12, 2026, the Participants \3\ in the Second Restatement of 
the Consolidated Tape Association (``CTA'') Plan and Restated 
Consolidated Quotation (``CQ'') Plan (collectively ``CTA/CQ Plans'' or 
``Plans'') filed with the Securities and Exchange Commission 
(``Commission'' or ``SEC'') a proposal to amend the Plans. These 
amendments represent the Fortieth Substantive Amendment to the CTA Plan 
and Thirty-First Substantive Amendment to the CQ Plan (``Amendments''). 
Under the Amendments, the Participants propose to amend the Plans to 
extend the Processor's hours of operations to receive and disseminate 
quotation information, last sale price information, and related 
information in Eligible Securities from 9:00 p.m. Eastern Time (``ET'') 
Sunday to 8:00 p.m. ET Friday; provided however, that the Processor 
will pause operations at 8:00p.m. ET on Monday through Thursday for an 
hour to accommodate technical refreshes for the Processor, 
Participants, and other market participants. Other than extending the 
hours of operations, the Processor will operate as it currently 
does.\4\
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    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ The Participants are: 24X National Exchange LLC, Cboe BYX 
Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., 
Cboe EDGX Exchange, Inc., Cboe Exchange, Inc., Financial Industry 
Regulatory Authority, Inc., Investors Exchange LLC, Long Term Stock 
Exchange, Inc., MEMX LLC, MIAX PEARL, LLC, Nasdaq BX, Inc., Nasdaq 
ISE, LLC, Nasdaq PHLX LLC, The Nasdaq Stock Market LLC, New York 
Stock Exchange LLC, NYSE American LLC, NYSE Arca, Inc., NYSE 
National, Inc., and NYSE Texas, Inc.
    \4\ See Letter from Jeff Kimsey, Operating Committee Chair, to 
Vanessa Countryman, Secretary, Commission dated January 12, 2026. 
All capitalized terms used herein have the same meaning as is given 
such terms in the Plans.
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    The Commission is publishing this notice to solicit comments on the 
proposed Amendments from interested persons. Set forth in Sections I 
and II is the statement of the purpose and

[[Page 3603]]

summary of the proposed Amendments, along with the information required 
by Rules 608(a) and 601(a) under the Act, as prepared and submitted by 
the Participants. Exhibits A and B set forth the text of the Amendments 
marked to show the proposed changes, which were prepared and submitted 
by the Participants.

I. Rule 608(a)

1. Purpose of the Amendments

    The purpose of the amendments is to extend the Processor's hours of 
operation to receive and disseminate quotation information, last sale 
price information, and related information in Eligible Securities from 
9:00 p.m. ET Sunday to 8:00 p.m. ET Friday; provided, however, that the 
Processor will pause operations at 8:00 p.m. ET on Monday through 
Thursday for an hour to accommodate technical refreshes for the 
Processor, Participants, and other market participants. As background, 
a number of Participants have recently proposed extending their hours 
of operation.\5\ Those proposals provided for trading days of varying 
lengths (e.g., 23 hours versus 22 hours) along with hours of operation 
that did not overlap. Further, under those proposals, the extended 
trading hours could not be implemented unless the Equity Data Plans \6\ 
(1) established a mechanism to collect, consolidate, process and 
disseminate quotation and transaction information at all times during 
the extended trading hours that is equivalent to the mechanism 
established for Regular Trading Hours; and (2) notified the relevant 
exchanges of their readiness.
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    \5\ See, e.g., Securities Exchange Act Release No. 34-101777 
(Nov. 27, 2024), 89 FR 97092 (Dec. 6, 2024) (File No. 10-242 (24X)); 
Securities Exchange Act Release No. 34-102400 (Feb. 11, 2025), 90 FR 
9794 (Feb. 18, 2025) (SR-NYSEARCA-2024-89).
    \6\ The ``Equity Data Plans'' are collectively the Joint Self-
Regulatory Organization Plan Governing the Collection, Consolidation 
and Dissemination of Quotation and Transaction Information for 
Nasdaq-Listed Securities Traded on Exchanges on an Unlisted Trading 
Privileges Basis (the ``UTP Plan''), the CQ Plan, the CTA Plan, and 
the CT Plan LLC.
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    Following the approval of some of those individual Participant 
proposals by the SEC, all the Participants have worked jointly to 
outline a plan for the collection, consolidation, processing, and 
dissemination of quotation and transaction information during the 
extended hours proposed by the Participants. Following extensive 
discussions among the Participants and the Advisory Committee of the 
UTP Plan and the Plans, the Participants have developed the proposal 
contained herein (``Proposal'') to implement hours of operation to be 
set as close as technologically feasible to 24 hours per day, as well 
as agreed to particular hours of operation.
    With respect to the hours of operation, the Participants have 
agreed to operate from 9:00 p.m. ET Sunday to 8:00 p.m. ET Friday; 
provided, however, that the Processor would pause operations at 8:00 
p.m. ET on Monday through Thursday for an hour to accommodate technical 
refreshes for the Processor, Participants, and other market 
participants. In the event of a holiday where U.S. markets are closed, 
the Processor would not operate from 8:00 p.m. ET the day before the 
holiday through 9:00 p.m. ET the day of the holiday. For example, if 
the markets are closed for a holiday on a Thursday, then the Processors 
would not operate from 8:00 p.m. ET on Wednesday to 9:00 p.m. ET on 
Thursday.
    With respect to the pause from 8:00 p.m. ET to 9:00 p.m. ET on 
Monday through Thursday, the Processor would endeavor to reduce the 
length of the pause where technically feasible. In the event the length 
of the pause is reduced, the Operating Committee would amend the Plans 
and notify the industry of the reduction at least 90 days prior to 
implementation of a reduction. The Participants determined that having 
a pause at 8:00 p.m. ET would lessen the cost, complexity, and burden 
of designing a system that did not have a pause. In particular, if the 
Processor did not pause at 8:00 p.m. ET, the design would have required 
designing, funding, and building a duplicate system to handle a 24-hour 
trading session as the Processor's systems require at least some 
downtime for system refreshes. Further, the Participants understand 
that other market participants would consider the proposed pause useful 
to refresh their own systems prior to beginning the next day's trading 
session.\7\
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    \7\ Although there may be certain days where a pause will not be 
required for a refresh, the Participants believe that it will reduce 
confusion and complexity to have the Processor open at the same time 
each trading day.
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    With respect to when a trade date starts and ends, the Processor 
would consider a trade date to start at 8:00 p.m. ET on the day before 
Regular Trading Hours begin and end at 8:00 p.m. ET on the same day as 
when Regular Trading Hours begin.\8\ In other words, Wednesday's 
trading day would start at 8:00 p.m. ET on Tuesday and end at 8:00 p.m. 
ET on Wednesday. The Participants believe that having the start of a 
trade date prior to the opening of markets would reduce complexity and 
burden as the alternative would have required a new trading date to 
start in the middle of a trading session (i.e., at midnight). 
Additionally, the Participants believe that starting the trading date 
at the specified time would align with current practice for venues 
already trading during the proposed extended hours.
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    \8\ Setting the start of the trading day in this amendment is 
only applicable to the operation of the Processor. The Operating 
Committee does not have the authority to set the start of the 
trading day for rules and regulations that might be dependent on 
when a trading day begins.
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    Consistent with current practice for existing hours of operation, 
the Participants have agreed to the following provisions regarding the 
Processor's operation during extended trading hours:
    <bullet> For transactions reported outside the hours of 9:30 a.m. 
ET and 4:00 p.m. ET, such transactions will be designated as ``.T'' 
trades to denote their execution outside normal market hours.
    <bullet> Late trades will be reported in accordance with the rules 
of the Participant in whose market the transaction occurred and can be 
reported at any time the Processor is able to receive last sale price 
information.
    <bullet> Transactions reported outside the hours of 9:30 a.m. ET 
and 4:00 p.m. ET will be included in the calculation of total trade 
volume for purposes of determining net distributable operating revenue, 
but will not be included in the calculation of the daily high, low, or 
last sale.
    <bullet> Quote Credits may be earned only in connection with 
quotations transmitted by a Participant to the Processor during Regular 
Trading Hours.
    Consistent with the current language of the Plans, the Participants 
have agreed that only Participants that utilize the extended hours 
described herein would be required to pay for the development and 
operating costs and expenses which would not have been incurred by the 
Processor had it not made the changes described herein. Further, the 
Participants have agreed that to the extent any additional Participant 
begins utilizing the extended hours described herein at a later time, 
such additional Participant will be required to pay a proportionate 
share of the aggregate development costs previously paid by other 
Participants. The Participants agree that such additional Participant 
will contribute to the operating costs of the extended operating hours 
from the point at which it begins utilizing the extended hours, but 
that previously-incurred operating costs will not be reapportioned when 
a Participant begins utilizing the extended

[[Page 3604]]

hours. As part of the amendments, the Participants have proposed moving 
existing language related to costs and making minor changes for 
readability.\9\
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    \9\ The Participants have proposed amendments to the UTP Plan to 
implement the cost allocation methodology described herein. The UTP 
Plan already contains provisions relating to the allocation of 
development costs for technical enhancements made at the request of 
a Participant and solely for its use; however, unlike the Plans, the 
UTP Plan is silent on the allocation of operating costs. See UTP 
Plan, Section XIII.A.; CQ Plan Section VIII.(b); CTA Plan Section 
XI.(b). The amendments to the UTP Plan would eliminate the current 
inconsistency between the UTP Plan and the Plans on the issue of 
cost allocation for such system enhancements, enhance the 
transparency of the Equity Data Plans as to how such costs will be 
borne and divided, and eliminate potential conflicts in the future 
among Participants about their individual financial responsibility 
for the enhancements described in this Proposal. The fact that the 
current Equity Data Plans will shortly be supplanted by the CT Plan 
does not eliminate the need to amend the cost allocations of the 
current UTP and CTA/CQ Plans as proposed here. Subject to SEC 
approval and Processor readiness, and satisfaction of market 
conditions to support extended hours of operation as discussed 
above, the Participants are working to make extended trading hours 
available in December 2026, before the CT Plan will become 
operative. The Plans do not require amendments to implement the 
agreed-upon cost allocation as the current language of the Plans is 
consistent with this cost-allocation methodology.
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2. Governing or Constituent Documents

    No changes as a result of amendments.

3. Implementation of Amendments

    The All of the Participants have manifested their approval of the 
proposed amendments by means of their execution of the Plans. The 
Participants also solicited the Advisory Committee for its thoughts and 
any comments on the amendments.
    If these amendments are approved by the Commission, the amendments, 
including the proposed changes to the language of the Plans, will not 
become operative until the Operating Committee determines that market 
conditions will support the extended hours of operation. The specific 
market conditions to be considered by the Operating Committee include, 
but are not limited to, the following:
    <bullet> Depository Trust & Clearing Corporation (``DTCC'') offers 
clearing during the extended hours of operation.
    <bullet> The Processor has implemented changes to symbol directory 
messages as specified in a previously approved change request, which 
requires the processors to disseminate specified reference information 
for Eligible Securities in symbol directory messages.
    <bullet> Listing markets are able to support the changes to the 
symbol directory messages, including corporate actions information.
    <bullet> The Processor will be able to disseminate all quotes and 
trades, including off-exchange trades, during the extended trading 
hours.
    The Participants request the SEC determine whether dissemination of 
real-time Trade Reporting Facility (``TRF'') information outside of 
Regular Hours is a prerequisite for implementation.

4. Development and Implementation Phases

    The Operating Committee expects that the implementation of the 
amendment will occur in December 2026. Prior to the implementation, the 
Processor will announce testing dates.

5. Analysis of Impact on Competition

    The amendments proposed herein do not impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Securities Exchange Act of 1934 (the ``Act'') because 
the amendments implement the extended trading hours as approved by the 
Commission as part of proposals by the Participants. Similarly, the 
Participants do not believe that the proposed amendments introduce 
terms that are unreasonably discriminatory for the purposes of Section 
11A(c)(1)(D) of the Act because the amendments implement the extended 
trading hours as approved by the Commission as part of proposals by the 
Participants. Additionally, the implementation decisions were made 
after extensive discussion among the Participants (including those with 
pending proposals to offer extended trading hours) as well as the 
Advisory Committee. The amendments were designed with a view to 
maximizing industry benefit while being agnostic to current proposals 
from Participants. While certain specific aspects of the amendments 
differ from the proposals by the Participants, the Participants have 
agreed to these changes after discussing the practicality of 
implementing extended trading hours. The Participants do not believe 
that the design choices discussed herein impose a burden on competition 
because the Participants have developed an approach that minimizes 
downtime of the system while also ensuring that the Processor, the 
Participants, and other market participants have the opportunity to 
refresh their systems during the pause prior to the start of a trading 
day. The Participants believe that implementing the pause will minimize 
the technological burden of the expanded trading hours.

6. Written Understanding or Agreements Relating to Interpretation of, 
or Participation in, Plan

    No changes as a result of amendments.

7. Approval by Sponsors in Accordance With Plan

    Section IV.(c)(i) of the CQ Plan and Section IV.(b)(i) of the CTA 
Plan require the Participants to unanimously approve the amendments 
proposed herein. They have so approved it as of the date specified in 
the below amendments.

8. Description of Operation of Facility Contemplated by the Proposed 
Amendment

    Other than extending the hours of operations, the Processor will 
operate as it currently does.

9. Terms and Conditions of Access

    No changes as a result of amendments.

10. Method of Determination and Imposition, and Amount of, Fees and 
Charges

    The Participants have proposed amendments to the UTP Plan to 
implement the cost allocation methodology described above.

11. Method and Frequency of Processor Evaluation

    No changes as a result of amendments.

12. Dispute Resolution

    No changes as a result of amendments.

II. Rule 601(a)

1. Equity Securities and Nasdaq Securities for Which Transaction 
Reports Shall Be Required by the Plan

    No changes as a result of amendments.

2. Reporting Requirements

    Other than extending the hours of operations, the Processor will 
operate as it currently does.

3. Manner of Collecting, Processing, Sequencing, Making Available and 
Disseminating Last Sale Information

    Other than extending the hours of operations, the Processor will 
operate as it currently does.

4. Manner of Consolidation

    Other than extending the hours of operations, the Processor will 
operate as it currently does.

[[Page 3605]]

5. Standards and Methods Ensuring Promptness, Accuracy and Completeness 
of Transaction Reports

    Other than extending the hours of operations, the Processor will 
operate as it currently does.

6. Rules and Procedures Addressed to Fraudulent or Manipulative 
Dissemination

    No changes as a result of amendments.

7. Terms of Access to Transaction Reports

    No changes as a result of amendments.

8. Identification of Marketplace of Execution

    No changes as a result of amendments.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed 
Amendments are 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="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>); or
    <bullet> Send an email to <a href="/cdn-cgi/l/email-protection#d4a6a1b8b1f9b7bbb9b9b1baa0a794a7b1b7fab3bba2"><span class="__cf_email__" data-cfemail="e391968f86ce808c8e8e868d9790a3908680cd848c95">[email&#160;protected]</span></a>. Please include 
file number SR-CTA/CQ-2026-01 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-CTA/CQ-2026-01. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>). 
Copies of the filing will be available for inspection and copying at 
the principal offices of the Participants. 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-CTA/CQ-2026-01 and should be submitted on or 
before February 17, 2026.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(85).
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Vanessa A. Countryman,
Secretary.

Exhibit A

Exhibit 1

BILLING CODE 8011-01-P

[[Page 3606]]

[GRAPHIC] [TIFF OMITTED] TN27JA26.024


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Exhibit B

Exhibit 1
[GRAPHIC] [TIFF OMITTED] TN27JA26.025


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[GRAPHIC] [TIFF OMITTED] TN27JA26.026


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[FR Doc. 2026-01528 Filed 1-26-26; 8:45 am]
BILLING CODE 8011-01-C


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Indexed from Federal Register on January 27, 2026.

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