Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change of Non-Substantive Conforming Changes to Rule 9120 and Rule 9560, 4988-4990 [2022-01846]
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4988
Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Notices
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
Within 45 days of the date of
publication of this notice in the Federal
Register or up to 90 days (i) as the
Commission may designate if it finds
such longer period to be appropriate
and publishes its reasons for so finding
or (ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) By order approve or disapprove
the proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
IV. Solicitation of Comments
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSE–2022–04 on the subject line.
khammond on DSKJM1Z7X2PROD with NOTICES
Paper Comments
• 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–NYSE–2022–04. 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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
17:38 Jan 28, 2022
Jkt 256001
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.43
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–01851 Filed 1–28–22; 8:45 am]
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:
VerDate Sep<11>2014
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NYSE–2022–04 and should
be submitted on or before February 22,
2022.
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–94048; File No. SR–
NYSEAMER–2022–01]
Self-Regulatory Organizations; NYSE
American LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change of Non-Substantive
Conforming Changes to Rule 9120 and
Rule 9560
January 25, 2022.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on January
10, 2022, NYSE American LLC (the
‘‘Exchange’’) filed with the Securities
and Exchange Commission (the
‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the self-regulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes nonsubstantive conforming changes to Rule
9120 and Rule 9560. The proposed rule
43 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
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Frm 00157
Fmt 4703
Sfmt 4703
change is available on the Exchange’s
website at www.nyse.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
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 those
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes nonsubstantive conforming changes to Rule
9120 (Definitions) and Rule 9560
(Expedited Suspension Proceeding) of
the Exchange’s disciplinary rules.
In 2016, the Exchange adopted rules
relating to investigation, discipline,
sanction, and other procedural rules
based on the rules of its affiliate New
York Stock Exchange LLC and the
Financial Industry Regulatory Authority
(‘‘FINRA’’).4 Rule 9120 defines certain
terms used in the Exchange’s
disciplinary rules, including
‘‘Department of Market Regulation’’ in
paragraph (i) and ‘‘Enforcement’’ in
paragraph (m). The definition of
Enforcement in Rule 9120(m) includes
the Department of Market Regulation of
FINRA as defined in Rule 9120(i).
In 2018, FINRA created a unified
enforcement function and eliminated
the separate enforcement function in the
Department of Market Regulation.5 In
order to reflect FINRA’s revised
organizational structure, the Exchange
accordingly proposes to delete the
definition of Department of Market
Regulation in Rule 9120(i) and mark
paragraph (i) ‘‘Reserved’’ in order to
maintain the Rule’s sequencing. In
addition, the Exchange proposes to
delete Department of Market Regulation
4 See Securities Exchange Act Release No. 77241
(February 26, 2016), 81 FR 11311 (March 3, 2016)
(SR–NYSEMKT–2016–30).
5 See ‘‘FINRA Announces Enforcement Structure,
Senior Leadership Team,’’ July 26, 2018, available
at https://www.finra.org/media-center/newsreleases/2018/finra-announces-enforcementstructure-senior-leadership-team.
E:\FR\FM\31JAN1.SGM
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Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Notices
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of FINRA from the definition of
Enforcement in Rule 9120(m). As
proposed, Rule 9120(m) would provide
that the term ‘‘Enforcement’’ refers to
(A) any department reporting to the
Chief Regulatory Officer (defined as
‘‘CRO’’) of the Exchange with
responsibility for investigating or, when
appropriate after compliance with the
Rule 9000 Series, imposing sanctions on
a member organization or covered
person and (B) the Department of
Enforcement of FINRA.
Rule 9560 sets forth procedures for
issuing suspension orders to
immediately prohibit persons from
conducting, or providing access to the
Exchange to conduct, disruptive quoting
and trading activity. Rule 9560(c)(1) &
(2), (d)(1) and (e) use the term
‘‘Chairman of the Hearing Panel.’’ This
term is not defined in the disciplinary
rules or used in Rule 476, the
Exchange’s legacy disciplinary rules.
The references to Chairman of the
Hearing Panel in Rule 9560(c)(1) & (2),
(d)(1) and (e) are incorrect and should
be replaced with ‘‘Hearing Officer,’’
defined in Rule 9120(r) as a FINRA
employee who is an attorney appointed
by the Chief Hearing Officer to
adjudicate and fulfill various
adjudicative responsibilities and duties
as described in, among other rules, the
Rule 9550 Series regarding expedited
proceedings. The use of ‘‘Hearing
Officer’’ would be consistent with the
rules adopted by the Exchange’s other
affiliates, which use ‘‘Hearing Officer’’
in their version of Rule 9560.6
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) of the Act,7
in general, and furthers the objectives of
Section 6(b)(5),8 in particular, because it
is designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
facilitating transactions in securities, to
remove impediments to, and perfect the
mechanism of, a free and open market
and a national market system and, in
general, to protect investors and the
public interest.
In particular, the Exchange believes
that the proposed non-substantive
conforming changes would remove
impediments to and perfect the
mechanism of a free and open market
and a national market system and, in
general, protect investors and the public
6 See NYSE Rule 9560(c)(1) & (2), (d)(1) & (e);
NYSE National Rule 10.9560(c)(1) & (2), (d)(1) & (e).
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
VerDate Sep<11>2014
17:38 Jan 28, 2022
Jkt 256001
interest because the proposed nonsubstantive changes would add clarity,
transparency and consistency to the
Exchange’s rules. The Exchange believes
that market participants would benefit
from the increased clarity, thereby
reducing potential confusion and
ensuring that persons subject to the
Exchange’s jurisdiction, regulators, and
the investing public can more easily
navigate and understand the Exchange’s
rules.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change is not intended to
address competitive issues but is rather
concerned with making non-substantive
conforming changes to the Exchange
rules.
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
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; and (iii) become
operative prior to 30 days from the date
on which it was filed, or such shorter
time as the Commission may designate,
if consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 9 and Rule 19b–4(f)(6)
thereunder.10
At any time within 60 days of the
filing of such 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
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
10 17
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4989
Commission takes such action, the
Commission shall 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
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEAMER–2022–01 on the subject
line.
Paper Comments
• 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–NYSEAMER–2022–01. 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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly.
All submissions should refer to File
Number SR–NYSEAMER–2022–01 and
E:\FR\FM\31JAN1.SGM
31JAN1
4990
Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Notices
should be submitted on or before
February 22, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–01846 Filed 1–28–22; 8:45 am]
BILLING CODE 8011–01–P
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2021–0032]
Privacy Act of 1974; Matching Program
AGENCY:
Social Security Administration
(SSA).
Notice of a new matching
program.
ACTION:
In accordance with the
provisions of the Privacy Act, as
amended, this notice announces a new
matching program with the States,
including tribal agencies and United
States (U.S.) territories. The purpose of
the matching program is to set forth the
terms and conditions governing
disclosures of records, information, or
data (collectively referred to herein as
‘‘data’’) made by SSA to various State
agencies and departments, tribal
agencies, and U.S. territories
(collectively referred to as ‘‘State
Agencies’’) that administer federally
funded benefit programs, including
those under various provisions of the
Social Security Act (Act), as well as the
state-funded state supplementary
payment programs under Title XVI of
the Act.
DATES: The deadline to submit
comments on the proposed matching
program is March 2, 2022. The matching
program will be applicable on July 1,
2022, or once a minimum of 30 days
after publication of this notice has
elapsed, whichever is later. The
matching program will be in effect for
a period of 18 months.
ADDRESSES: You may submit comments
by any one of three methods—internet,
fax, or mail. Do not submit the same
comments multiple times or by more
than one method. Regardless of which
method you choose, please state that
your comments refer to Docket No.
SSA–2021–0032 so that we may
associate your comments with the
correct regulation. Caution: You should
be careful to include in your comments
only information that you wish to make
publicly available. We strongly urge you
not to include in your comments any
personal information, such as Social
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SUMMARY:
11 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
17:38 Jan 28, 2022
Jkt 256001
Security numbers or medical
information.
1. Internet: We strongly recommend
that you submit your comments via the
internet. Please visit the Federal
eRulemaking portal at https://
www.regulations.gov. Use the Search
function to find docket number SSA–
2021–0032 and then submit your
comments. The system will issue you a
tracking number to confirm your
submission. You will not be able to
view your comment immediately
because we must post each submission
manually. It may take up to a week for
your comments to be viewable.
2. Fax: Fax comments to (410) 966–
0869.
3. Mail: Matthew Ramsey, Executive
Director, Office of Privacy and
Disclosure, Office of the General
Counsel, Social Security
Administration, G–401 WHR, 6401
Security Boulevard, Baltimore, MD
21235–6401, or emailing
Matthew.Ramsey@ssa.gov. Comments
are also available for public viewing on
the Federal eRulemaking portal at
https://www.regulations.gov or in person,
during regular business hours, by
arranging with the contact person
identified below.
FOR FURTHER INFORMATION CONTACT:
Interested parties may submit general
questions about the matching program
to Melissa Feldhan, Division Director,
Office of Privacy and Disclosure, Office
of the General Counsel, Social Security
Administration, G–401 WHR, 6401
Security Boulevard, Baltimore, MD
21235–6401, at telephone: (410) 965–
1416, or send an email to
Melissa.Feldhan@ssa.gov.
SUPPLEMENTARY INFORMATION: None.
Matthew Ramsey,
Executive Director, Office of Privacy and
Disclosure, Office of the General Counsel.
Participating Agencies: SSA and the
States, State Agencies, tribal agencies,
and U.S. territories.
Authority for Conducting the
Matching Program: The legal authorities
for SSA to disclose data and the States’
authority to collect, maintain, and use
data protected under SSA’s systems of
records (SOR) for the specified purposes
are:
• Sections 453, 1106(b), and 1137 of
the Act (42 U.S.C. 653, 1306(b), and
1320b–7) (income and eligibility
verification data);
• 26 U.S.C. 6103(l)(7) and (8) (Federal
tax information);
• Sections 202(x)(3)(B)(iv) and
1611(e)(1)(I)(iii) of the Act (42 U.S.C.
402(x)(3)(B)(iv) and 1382(e)(1)(I)(iii))
(prisoner data);
PO 00000
Frm 00159
Fmt 4703
Sfmt 4703
• Section 205(r)(3) of the Act (42
U.S.C. 405(r)(3)) and the Intelligence
Reform and Terrorism Prevention Act of
2004, Public Law 108–458, 7213(a)(2)
(death data);
• Sections 402, 412, 421, and 435 of
Public Law 104–193 (8 U.S.C. 1612,
1622, 1631, and 1645) (quarters of
coverage data);
• Section 1902(ee) of the Act (42
U.S.C. 1396a(ee)); Children’s Health
Insurance Program Reauthorization Act
of 2009 (CHIPRA), Public Law 111–3
(citizenship data); and
• Routine use exception to the
Privacy Act, 5 U.S.C. 552a(b)(3) (data
necessary to administer other programs
compatible with SSA programs).
Purpose(s): The purpose of the
matching program is to set forth the
terms and conditions governing
disclosures of data made by SSA to
various State agencies that administer
federally funded benefit programs,
including those under various
provisions of the Act, such as section
1137 of the Act (42 U.S.C. 1320b–7), as
well as the state-funded state
supplementary payment programs
under Title XVI of the Act. The terms
and conditions of the matching
agreements ensure that SSA’s
disclosures and the State Agencies’ use
of such disclosed data is, in accordance
with the requirements of the Privacy Act
of 1974, as amended by the Computer
Matching and Privacy Protection Act, 5
U.S.C. 552a.
Under section 1137 of the Act, States
are required to use an income and
eligibility verification system to
administer specified federally funded
benefit programs, including the statefunded state supplementary payment
programs under Title XVI of the Act. To
assist the State Agencies in determining
entitlement to and eligibility for benefits
under those programs, as well as other
federally funded benefit programs, SSA
verifies the Social Security number
(SSN) and discloses certain data about
applicants (and in limited
circumstances, members of an
applicant’s household) for stateadministered benefits from its Privacy
Act SORs.
SSA has separate agreements with the
State Agencies, which describe the
information SSA will disclose for
specified federally funded benefit
programs.
Categories of Individuals: The
individuals whose information is
involved in this matching program are
those who apply for federally funded,
state-administered benefits, as well as
current beneficiaries, recipients, and
annuitants under the programs covered
by the Agreement.
E:\FR\FM\31JAN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Pages 4988-4990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01846]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-94048; File No. SR-NYSEAMER-2022-01]
Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change of Non-
Substantive Conforming Changes to Rule 9120 and Rule 9560
January 25, 2022.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on January 10, 2022, NYSE American LLC (the ``Exchange'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange proposes non-substantive conforming changes to Rule
9120 and Rule 9560. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.
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 those statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes non-substantive conforming changes to Rule
9120 (Definitions) and Rule 9560 (Expedited Suspension Proceeding) of
the Exchange's disciplinary rules.
In 2016, the Exchange adopted rules relating to investigation,
discipline, sanction, and other procedural rules based on the rules of
its affiliate New York Stock Exchange LLC and the Financial Industry
Regulatory Authority (``FINRA'').\4\ Rule 9120 defines certain terms
used in the Exchange's disciplinary rules, including ``Department of
Market Regulation'' in paragraph (i) and ``Enforcement'' in paragraph
(m). The definition of Enforcement in Rule 9120(m) includes the
Department of Market Regulation of FINRA as defined in Rule 9120(i).
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 77241 (February 26,
2016), 81 FR 11311 (March 3, 2016) (SR-NYSEMKT-2016-30).
---------------------------------------------------------------------------
In 2018, FINRA created a unified enforcement function and
eliminated the separate enforcement function in the Department of
Market Regulation.\5\ In order to reflect FINRA's revised
organizational structure, the Exchange accordingly proposes to delete
the definition of Department of Market Regulation in Rule 9120(i) and
mark paragraph (i) ``Reserved'' in order to maintain the Rule's
sequencing. In addition, the Exchange proposes to delete Department of
Market Regulation
[[Page 4989]]
of FINRA from the definition of Enforcement in Rule 9120(m). As
proposed, Rule 9120(m) would provide that the term ``Enforcement''
refers to (A) any department reporting to the Chief Regulatory Officer
(defined as ``CRO'') of the Exchange with responsibility for
investigating or, when appropriate after compliance with the Rule 9000
Series, imposing sanctions on a member organization or covered person
and (B) the Department of Enforcement of FINRA.
---------------------------------------------------------------------------
\5\ See ``FINRA Announces Enforcement Structure, Senior
Leadership Team,'' July 26, 2018, available at https://www.finra.org/media-center/news-releases/2018/finra-announces-enforcement-structure-senior-leadership-team.
---------------------------------------------------------------------------
Rule 9560 sets forth procedures for issuing suspension orders to
immediately prohibit persons from conducting, or providing access to
the Exchange to conduct, disruptive quoting and trading activity. Rule
9560(c)(1) & (2), (d)(1) and (e) use the term ``Chairman of the Hearing
Panel.'' This term is not defined in the disciplinary rules or used in
Rule 476, the Exchange's legacy disciplinary rules. The references to
Chairman of the Hearing Panel in Rule 9560(c)(1) & (2), (d)(1) and (e)
are incorrect and should be replaced with ``Hearing Officer,'' defined
in Rule 9120(r) as a FINRA employee who is an attorney appointed by the
Chief Hearing Officer to adjudicate and fulfill various adjudicative
responsibilities and duties as described in, among other rules, the
Rule 9550 Series regarding expedited proceedings. The use of ``Hearing
Officer'' would be consistent with the rules adopted by the Exchange's
other affiliates, which use ``Hearing Officer'' in their version of
Rule 9560.\6\
---------------------------------------------------------------------------
\6\ See NYSE Rule 9560(c)(1) & (2), (d)(1) & (e); NYSE National
Rule 10.9560(c)(1) & (2), (d)(1) & (e).
---------------------------------------------------------------------------
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Act,\7\ in general, and furthers the objectives of Section 6(b)(5),\8\
in particular, because it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system and, in general, to protect investors and
the public interest.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
In particular, the Exchange believes that the proposed non-
substantive conforming changes would remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in general, protect investors and the public interest because the
proposed non-substantive changes would add clarity, transparency and
consistency to the Exchange's rules. The Exchange believes that market
participants would benefit from the increased clarity, thereby reducing
potential confusion and ensuring that persons subject to the Exchange's
jurisdiction, regulators, and the investing public can more easily
navigate and understand the Exchange's rules.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competitive issues but is rather concerned with
making non-substantive conforming changes to the Exchange rules.
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
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; and (iii)
become operative prior to 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, if consistent
with the protection of investors and the public interest, the proposed
rule change has become effective pursuant to Section 19(b)(3)(A) of the
Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
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\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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At any time within 60 days of the filing of such 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 shall 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
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-NYSEAMER-2022-01 on the subject line.
Paper Comments
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-NYSEAMER-2022-01. 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 (https://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly.
All submissions should refer to File Number SR-NYSEAMER-2022-01 and
[[Page 4990]]
should be submitted on or before February 22, 2022.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-01846 Filed 1-28-22; 8:45 am]
BILLING CODE 8011-01-P
