Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change of Non-Substantive Conforming Changes to Rules 10.9120 and 10.9560, 4970-4972 [2022-01849]
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4970
Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Notices
For User, Security Key Revoked, User
Invite Sent, Temporary Password
Viewed, 2-Step Verification Turned Off,
User Session Unblocked, Profile Photo
Updated, User Advanced Protection
Unenroll, User Archived, User Birthdate
Changed, User Created, User Deleted,
User Downgraded From Social Media
Application, User Enrolled In 2-Step
Verification, User List Downloaded,
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Renamed, User Strong Auth Unenrolled,
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Upgraded To Social Media Application.
102. Application Authoring
application audit log elements: App
synced, App edited, App added, App
deleted, App invocation added, App
invocation edited, App invocation
deleted, App invocation action
performed, App read call made, App bot
invocation.
RECORD SOURCE CATEGORIES:
Employees; contractors; customers.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Standard routine uses 1. through 9.
apply. In addition:
(a) To appropriate agencies, entities,
and persons when (1) the Postal Service
suspects or has confirmed that there has
been a breach of the system of records;
(2) the Postal Service has determined
that as a result of the suspected or
confirmed breach there is a risk of harm
to individuals, the Postal Service
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with the Postal Service’s
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
SECURITIES AND EXCHANGE
COMMISSION
Paper records, computers, and
computer storage media are located in
controlled-access areas under
supervision of program personnel.
Computer access is limited to
authorized personnel with a current
security clearance, and physical access
is limited to authorized personnel who
must be identified with a badge.
Access to records is limited to
individuals whose official duties require
such access. Contractors and licensees
are subject to contract controls and
unannounced on-site audits and
inspections.
Computers are protected by
encryption, mechanical locks, card key
systems, or other physical access control
methods. The use of computer systems
is regulated with installed security
software, computer logon
identifications, and operating system
controls including access controls,
terminal and transaction logging, and
file management software.
[Release No. 34–94050; File No. SR–
NYSEARCA–2022–01]
RECORD ACCESS PROCEDURES:
Requests for access must be made in
accordance with the Notification
Procedure above and USPS Privacy Act
regulations regarding access to records
and verification of identity under 39
CFR 266.5.
CONTESTING RECORD PROCEDURES:
See Notification Procedure and
Record Access Procedures above.
NOTIFICATION PROCEDURES:
Customers wanting to know if other
information about them is maintained in
this system of records must address
inquiries in writing to the Chief
Information Officer and Executive Vice
President and include their name and
address.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
Automated database, computer
storage media, and paper.
HISTORY:
khammond on DSKJM1Z7X2PROD with NOTICES
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
May 10th, 2021; 86 FR 24902.
*
*
*
*
*
Records relating to system
administration are retrievable by user
ID.
Joshua J. Hofer,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2022–01064 Filed 1–28–22; 8:45 am]
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
BILLING CODE 7710–12–P
Records relating to system
administration are retained for twentyfour months.
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Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change of Non-Substantive
Conforming Changes to Rules 10.9120
and 10.9560
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 Arca, Inc. (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
Rules 10.9120 and 10.9560 of the
Exchange’s disciplinary rules. 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 nonsubstantive conforming changes to
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Notices
Rules 10.9120 (Definitions) and 10.9560
(Expedited Suspension Proceeding) of
the Exchange’s disciplinary rules.
In 2019, the Exchange adopted rules
relating to investigation, discipline,
sanction, and other procedural rules
based on the rules of its affiliate NYSE
American LLC and the Financial
Industry Regulatory Authority
(‘‘FINRA’’).4 Rule 10.9120 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 10.9120(m)
includes the Department of Market
Regulation of FINRA as defined in Rule
10.9120(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 10.9120(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
of FINRA from the definition of
Enforcement in Rule 10.9120(m). As
proposed, Rule 10.9120(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 10.9000 Series, imposing sanctions
on an ETP Holder, OTP Holder, OTP
Firm or covered person and (B) the
Department of Enforcement of FINRA.
Rule 10.9560 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 10.9560(c)(1)
& (2), (d)(1) and (e) use the term ‘‘Chief
Hearing Officer.’’ Rule 10.9120(c)
defines ‘‘Chief Hearing Officer’’ as the
Hearing Officer that manages the Office
of Hearing Officers, or his or her
delegatee. Rule 10.9120(r) defines
‘‘Hearing Officer,’’ on the other hand, as
a FINRA employee who is an attorney
appointed by the Chief Hearing Officer
to adjudicate and fulfill various
4 See Securities Exchange Act Release No. 85639
(April 12, 2019), 84 FR 16346 (April 18, 2019) (SR–
NYSEArca–2019–15).
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.
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adjudicative responsibilities and duties
as described in, among other rules, the
Rule 10.9550 Series regarding expedited
proceedings. Since Rule 10.9560(c)(1) &
(2), (d)(1) and (e) govern various aspects
of the adjudicative process for expedited
hearings—Rule 10.9560(c) governs
hearings, Rule 10.9560(d) governs
issuance of suspension orders by the
hearing panel, and Rule 10.9560(e)
governs hearing panel reviews—the
references to Chief Hearing Officer in
each of these subsections is incorrect.
The correct reference should be
‘‘Hearing Officer’’ consistent with the
rules adopted by the Exchange’s other
affiliates, which use ‘‘Hearing Officer’’
in their version of Rule 10.9560.6
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
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
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).
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4971
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
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–
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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Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Notices
NYSEARCA–2022–01 on the subject
line.
Commission’s headquarters, 100 F
Street NE, Washington, DC 20549.
SECURITIES AND EXCHANGE
COMMISSION
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–NYSEARCA–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–NYSEARCA–2022–01 and
should be submitted on or before
February 22, 2022.
STATUS:
This meeting will be closed to
the public.
[Release No. 34–94047; File No. SR–NYSE–
2022–02]
MATTERS TO BE CONSIDERED:
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the closed meeting. Certain
staff members who have an interest in
the matters also may be present.
In the event that the time, date, or
location of this meeting changes, an
announcement of the change, along with
the new time, date, and/or place of the
meeting will be posted on the
Commission’s website at https://
www.sec.gov.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
and (10) and 17 CFR 200.402(a)(3),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and
(a)(10), permit consideration of the
scheduled matters at the closed meeting.
The subject matter of the closed
meeting will consist of the following
topics:
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings;
Resolution of litigation claims; and
Other matters relating to examinations
and enforcement proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting agenda items that
may consist of adjudicatory,
examination, litigation, or regulatory
matters.
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change of NonSubstantive Conforming Changes to
Rule 9120
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–01849 Filed 1–28–22; 8:45 am]
For further information; please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.
Authority: 5 U.S.C. 552b.
Dated: January 27, 2022.
Vanessa A. Countryman,
Secretary.
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
khammond on DSKJM1Z7X2PROD with NOTICES
CONTACT PERSON FOR MORE INFORMATION:
[FR Doc. 2022–02063 Filed 1–27–22; 4:15 pm]
BILLING CODE 8011–01–P
Sunshine Act Meetings
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, New York Stock Exchange
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 of the Exchange’s disciplinary
rules. 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
2:00 p.m. on Thursday,
February 3, 2022.
PLACE: The meeting will be held via
remote means and/or at the
TIME AND DATE:
The Exchange proposes nonsubstantive conforming changes to Rule
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
11 17
CFR 200.30–3(a)(12).
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]]>Agencies
[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Pages 4970-4972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01849]
=======================================================================
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-94050; File No. SR-NYSEARCA-2022-01]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change of Non-Substantive
Conforming Changes to Rules 10.9120 and 10.9560
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 Arca, Inc. (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 Rules
10.9120 and 10.9560 of the Exchange's disciplinary rules. 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
[[Page 4971]]
Rules 10.9120 (Definitions) and 10.9560 (Expedited Suspension
Proceeding) of the Exchange's disciplinary rules.
In 2019, the Exchange adopted rules relating to investigation,
discipline, sanction, and other procedural rules based on the rules of
its affiliate NYSE American LLC and the Financial Industry Regulatory
Authority (``FINRA'').\4\ Rule 10.9120 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 10.9120(m) includes the Department of
Market Regulation of FINRA as defined in Rule 10.9120(i).
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 85639 (April 12,
2019), 84 FR 16346 (April 18, 2019) (SR-NYSEArca-2019-15).
---------------------------------------------------------------------------
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 10.9120(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 of FINRA from the definition of Enforcement in Rule
10.9120(m). As proposed, Rule 10.9120(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 10.9000 Series, imposing sanctions on an ETP Holder, OTP
Holder, OTP Firm 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 10.9560 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
10.9560(c)(1) & (2), (d)(1) and (e) use the term ``Chief Hearing
Officer.'' Rule 10.9120(c) defines ``Chief Hearing Officer'' as the
Hearing Officer that manages the Office of Hearing Officers, or his or
her delegatee. Rule 10.9120(r) defines ``Hearing Officer,'' on the
other hand, 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 10.9550 Series regarding expedited proceedings. Since Rule
10.9560(c)(1) & (2), (d)(1) and (e) govern various aspects of the
adjudicative process for expedited hearings--Rule 10.9560(c) governs
hearings, Rule 10.9560(d) governs issuance of suspension orders by the
hearing panel, and Rule 10.9560(e) governs hearing panel reviews--the
references to Chief Hearing Officer in each of these subsections is
incorrect. The correct reference should be ``Hearing Officer''
consistent with the rules adopted by the Exchange's other affiliates,
which use ``Hearing Officer'' in their version of Rule 10.9560.\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-
[[Page 4972]]
NYSEARCA-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-NYSEARCA-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-NYSEARCA-2022-01 and
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. 2022-01849 Filed 1-28-22; 8:45 am]
BILLING CODE 8011-01-P
