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Does the exemption for Options Market Maker quotes apply to orders that function as quotes?

Does the exemption for Options Market Maker quotes apply to orders that function as quotes?

Section 6.4(d)(iii) of the CAT NMS Plan, which describes the exemption for Options Market Maker quotes, states that “[w]ith respect to the reporting obligations of an Options Market Maker with regard to its quotes in Listed Options, Reportable Events required pursuant to Section 6.3(d)(ii) and (iv) shall be reported to the Central Repository by an Options Exchange in lieu of the reporting of such information by the Options Market Maker.” Section 6.4(d)(iii) also requires that, pursuant to the Compliance Rules of the Options Exchanges, Options Market Makers are required to report to an Options Exchange the time at which a quote in a Listed Option is sent to the Options Exchange (including any applicable quote modifications and/or cancellation time when such modification or cancellation is originated by the Options Market Maker). Such time information shall be reported to the Central Repository by the Options Exchange in lieu of reporting by the Options Market Maker.

The Options Market Maker exemption set forth in Section 6.4(d)(iii) applies to Options Market Maker quotes. Each Options Exchange determines which messages from Options Market Makers are subject to this provision pursuant to its rules. Please contact each Option Exchange directly for guidance on CAT reporting obligations for Option Market Maker quoting activity on exchange-specific protocols.     

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