Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Article I, Rule 5 To Replace References to Employees and Officers of Intercontinental Exchange Group, Inc., 11100-11102 [2022-04084]
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11100
Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Notices
National Science Foundation, 2415
Eisenhower Avenue, Alexandria,
Virginia 22314 | Virtual.
Registration for the virtual meeting
will be available two weeks prior to the
meeting date. Final agenda and
registration link will be located on the
AC’s website at: https://www.nsf.gov/
geo/opp/advisory.jsp.
Type of Meeting: Open.
Contact Person: Beverly Walker,
National Science Foundation, 2415
Eisenhower Avenue, Alexandria,
Virginia 22314; Telephone: (703) 292–
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Minutes: May be obtained from the
contact person listed above.
Purpose of Meeting: To provide
advice and recommendations to the
National Science Foundation
concerning support for polar research,
education, infrastructure and logistics,
and related activities.
Agenda
March 24, 2022; 11:00 a.m.–4:00 p.m.
(Virtual)
• Upcoming field seasons and COVID–
19
• Advisory Committee Liaison Updates
• Subcommittee on Diversity, Equity,
and Inclusion
• Antarctic Research Vessel Updates
• NSF Geoscience Directorate Activities
Updates
PLACE: NSF, 2415 Eisenhower
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meeting attendance only.
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send your request for the virtual
meeting link to the following email:
cmessam@nsf.gov.
Type of Meeting: Open.
Contact Person: Brenda Williams,
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22314; Telephone: 703–292–8900;
email: bwilliam@nsf.gov.
Purpose of Meeting: The Task Force
shall investigate the feasibility and
advisability of establishing and
sustaining a National Artificial
Intelligence Research Resource; and
propose a roadmap detailing how such
resource should be established and
sustained.
Agenda: In this meeting, the Task
Force members will deliberate on the
Task Force’s interim report to the
President and Congress. The Task Force
members will also discuss their work
plan for the remainder of 2022 and
identify the key issues to study as they
develop implementation-focused
recommendations for inclusion in their
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BILLING CODE 7555–01–P
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A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
Dated: February 22, 2022.
Crystal Robinson,
Committee Management Officer.
[FR Doc. 2022–04101 Filed 2–25–22; 8:45 am]
[Release No. 34–94298; File No. SR–
NYSECHX–2022–02]
Self-Regulatory Organizations; NYSE
Chicago, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Article I, Rule
5 To Replace References to Employees
and Officers of Intercontinental
Exchange Group, Inc.
Dated: February 22, 2022.
Crystal Robinson,
Committee Management Officer.
[FR Doc. 2022–04100 Filed 2–25–22; 8:45 am]
BILLING CODE 7555–01–P
February 22, 2022.
NATIONAL SCIENCE FOUNDATION
khammond on DSKJM1Z7X2PROD with NOTICES
National Artificial Intelligence
Research Resource Task Force; Notice
of Meeting
In accordance with the Federal
Advisory Committee Act (Pub., L. 92–
463, as amended), the National Science
Foundation (NSF) announces the
following meeting:
Name and Committee Code: National
Artificial Intelligence Research Resource
Task Force (84629).
Date and Time: April 8, 2022, 11:00
a.m. to 5:00 p.m. EDT.
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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
Article I, Rule 5 (Designation of
Authority) to replace references to
employees and officers of
Intercontinental Exchange Group, Inc.,
the Exchange’s indirect parent
company, with references to employees
and officers of the Exchange. 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
self-regulatory organization 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.
March 25, 2022; 11:00 a.m.–4:00 p.m.
(Virtual)
• Polar Partnerships
• Meeting with the NSF Director &
Chief Operating Officer
• NASEM Mid-Term Report
• South Pole Station
• Russian Science Collaborations
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
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 February
14, 2022, the NYSE Chicago, Inc.
(‘‘NYSE Chicago’’ or 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
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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Frm 00063
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1. Purpose
The Exchange proposes to amend
Article I, Rule 5 (Designation of
Authority) to replace references to
employees and officers of
Intercontinental Exchange Group, Inc.
(‘‘ICE’’), the Exchange’s indirect parent
company, with references to employees
and officers of the Exchange.
The Exchange adopted Rule 5 in 2019,
stating that Rule 5 was substantially
similar to the third paragraph of New
York Stock Exchange Rule 1 (‘‘NYSE
Rule 1’’).4
Like NYSE Rule 1, Rule 5 provides
that, if the person named in a rule is not
available, the chief executive officer
(‘‘CEO’’) or chief regulatory officer
(‘‘CRO’’) of the Exchange may designate
one or more qualified employees of ICE
to act in their place. Rule 5 goes on to
4 See Securities Exchange Act Release No. 85190
(February 25, 2019), 84 FR 7154 (March 1, 2019)
(SR–NYSECHX–2019–02) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change
To Amend the Rules of the Exchange To Adopt
Article 1, Rule 5).
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khammond on DSKJM1Z7X2PROD with NOTICES
state that, for purposes of a designation
by the CEO, a qualified employee
includes, among other things, any
officer of ICE deemed by the CEO to
possess the requisite knowledge and job
qualifications.5
In practice, designations under Rule 5
are limited to Exchange employees and
officers. To more accurately reflect
actual practice, the Exchange proposes
to replace the references to employees
and officers of ICE in Rule 5 with
references to employees and officers of
the Exchange, as follows:
• In the first sentence,
‘‘Intercontinental Exchange Group, Inc.
(‘ICE’)’’ would be replaced with ‘‘the
Exchange’’; and
• In clause (1) of the second sentence,
‘‘Exchange’’ would be added before
‘‘officer,’’ and ‘‘of ICE’’ would be
deleted.
The proposed changes would not
result in any practical changes regarding
which individuals would be eligible to
perform the functions specified in Rule
5 and would not require the Exchange
to change which individuals may
currently performing these functions.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,6 in general, and
furthers the objectives of Section 6(b)(5)
of the Act,7 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.
The Exchange believes that the
proposed rule change would promote
clarity and transparency in its rules. The
Exchange believes that the change
would not be inconsistent with the
public interest and the protection of
investors because investors will not be
harmed and in fact would benefit from
the increased clarity and transparency
that the change would introduce,
thereby reducing potential confusion.
The Exchange believes that the
proposed rule change 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 it would remove any
5 Article
1, Rule 5.
U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(5).
potential confusion among market
participants that may result if the
Exchange retained references to ICE
employees and ICE officers in Rule 5,
adding clarity and transparency to
Exchange rules. Moreover, the proposed
change to the first prong of the
definition of ‘‘qualified employee’’ for
purposes of designation by the CEO
would make it consistent with the first
prong of the definition of ‘‘qualified
employee’’ for purposes of designation
by the CRO, reducing any potential
confusion among market participants.
In practice, Exchange employees and
officers, and not ICE employees and
officers, are designated pursuant to Rule
5. The proposed changes would ensure
that remained true, as under the changes
only Exchange officers or Exchange
employees could be qualified employees
delegated authority by the CEO
pursuant to Rule 5. For that reason, the
Exchange believes that the proposed
change 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.
For these reasons, the Exchange
believes that the proposal is consistent
with the Act.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
In accordance with Section 6(b)(8) of
the Act,8 the Exchange believes that the
proposed rule change will not impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed change is not designed to
address any competitive issue but rather
serve to promote clarity and
consistency, thereby reducing burdens
on the marketplace and facilitating
investor protection. The proposed
changes would be administrative and
would apply only to the Exchange, and
therefore would not impose any
unnecessary competitive burden on
third parties.
For the reasons described above, the
Exchange believes that the proposed
rule change reflects this competitive
environment.
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.
6 15
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U.S.C. 78f(b)(8).
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11101
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 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 9 and Rule 19b–4(f)(6) 10 thereunder.
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
• 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–
NYSECHX–2022–02 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–NYSECHX–2022–02. 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/
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
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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11102
Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Notices
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–NYSECHX–2022–02 and
should be submitted on or before March
21, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2022–04084 Filed 2–25–22; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–94292; File No. SR–CBOE–
2022–005]
Self-Regulatory Organizations; Cboe
Exchange, Inc.; Notice of Filing of a
Proposed Rule Change To Permit P.M.Settled S&P 500 Index Options That
Expire on Tuesday or Thursday Under
Its Nonstandard Expirations Pilot
Program
khammond on DSKJM1Z7X2PROD with NOTICES
February 22, 2022.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on February
8, 2022, Cboe Exchange, Inc. (the
‘‘Exchange’’ or ‘‘Cboe Options’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
11 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
have been prepared by the Exchange.
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 Substance of
the Proposed Rule Change
Cboe Exchange, Inc. (the ‘‘Exchange’’
or ‘‘Cboe Options’’) proposes to permit
P.M.-settled S&P 500 Index (‘‘SPX’’)
options that expire on Tuesday or
Thursday under its Nonstandard
Expirations Pilot Program. The text of
the proposed rule change is provided in
Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (https://www.cboe.com/
AboutCBOE/CBOELegal
RegulatoryHome.aspx), at the
Exchange’s Office of the Secretary, 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 these
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 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 Exchange proposes to amend
Rule 4.13(e), which governs its
Nonstandard Expirations Pilot Program
(‘‘Pilot Program’’), to permit P.M.-settled
SPX options that expire on Tuesday or
Thursday. Under the existing Pilot
Program, the Exchange is permitted to
list P.M.-settled options on broad-based
indexes that expire on: (1) Any Monday,
Wednesday, or Friday (‘‘Weekly
Expirations’’ or ‘‘EOWs’’) and (2) the
last trading day of the month (‘‘End of
Month Expirations’’ or ‘‘EOMs’’).3
Specifically, the proposed rule change
amends Rule 4.13(e)(1) to add P.M.settled SPX Weekly (‘‘SPXW’’) options
that expire on Tuesday or Thursday as
permissible Weekly Expirations under
the Pilot Program (currently set to
1 15
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expire on May 2, 2022). The Exchange
notes that permitting SPXW options
with Tuesday and Thursday expirations,
as proposed, is in addition to the SPXW
options with Monday, Wednesday and
Friday expirations that the Exchange
may (and does) already list, as they are
permissible Weekly Expirations for
options on a broad-based index (e.g.,
SPX) pursuant to Rule 4.13(e)(1). The
Pilot Program for Weekly Expirations
will apply to SPXW options with
Tuesday and Thursday expirations in
the same manner as it currently applies
to P.M.-settled broad-based index
options with Monday, Wednesday and
Friday expirations. That is, as proposed,
Rule 4.13(e)(1) provides that the
Exchange may open for trading Weekly
Expirations on any broad-based index
eligible for standard options trading to
expire on any Monday, Wednesday, or
Friday (other than the third Friday-ofthe-month or days that coincide with an
EOM expiration). In addition, the
Exchange may also open for trading
Weekly Expirations on S&P 500 Index
options to expire on any Tuesday or
Thursday (other than days that coincide
with an EOM expiration). Weekly
Expirations shall be subject to all
provisions of this Rule and treated the
same as options on the same underlying
index that expire on the third Friday of
the expiration month; provided,
however, that Weekly Expirations shall
be P.M.-settled and new series in
Weekly Expirations may be added up to
and including on the expiration date for
an expiring Weekly Expiration. The
maximum number of expirations that
may be listed for each Weekly
Expiration (i.e., a Monday expiration,
Tuesday expiration, Wednesday
expiration, Thursday expiration, or
Friday expiration, as applicable) in a
given class is the same as the maximum
number of expirations permitted in Rule
4.13(a)(2) for standard options on the
same broad-based index (which is 12 for
SPX options). Weekly Expirations need
not be for consecutive Monday,
Tuesday, Wednesday, Thursday, or
Friday expirations as applicable;
however, the expiration date of a nonconsecutive expiration may not be
beyond what would be considered the
last expiration date if the maximum
number of expirations were listed
consecutively. Weekly Expirations that
are first listed in a given class may
expire up to four weeks from the actual
listing date. If the Exchange lists EOMs
and Weekly Expirations as applicable in
a given class, the Exchange will list an
EOM instead of a Weekly Expiration
that expires on the same day in the
E:\FR\FM\28FEN1.SGM
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Agencies
[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Notices]
[Pages 11100-11102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04084]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-94298; File No. SR-NYSECHX-2022-02]
Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Article I, Rule 5 To Replace References to Employees and Officers of
Intercontinental Exchange Group, Inc.
February 22, 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 February 14, 2022, the NYSE Chicago, Inc. (``NYSE
Chicago'' or 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 Substance
of the Proposed Rule Change
The Exchange proposes to amend Article I, Rule 5 (Designation of
Authority) to replace references to employees and officers of
Intercontinental Exchange Group, Inc., the Exchange's indirect parent
company, with references to employees and officers of the Exchange. 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 self-regulatory organization
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 to amend Article I, Rule 5 (Designation of
Authority) to replace references to employees and officers of
Intercontinental Exchange Group, Inc. (``ICE''), the Exchange's
indirect parent company, with references to employees and officers of
the Exchange.
The Exchange adopted Rule 5 in 2019, stating that Rule 5 was
substantially similar to the third paragraph of New York Stock Exchange
Rule 1 (``NYSE Rule 1'').\4\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 85190 (February 25,
2019), 84 FR 7154 (March 1, 2019) (SR-NYSECHX-2019-02) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
the Rules of the Exchange To Adopt Article 1, Rule 5).
---------------------------------------------------------------------------
Like NYSE Rule 1, Rule 5 provides that, if the person named in a
rule is not available, the chief executive officer (``CEO'') or chief
regulatory officer (``CRO'') of the Exchange may designate one or more
qualified employees of ICE to act in their place. Rule 5 goes on to
[[Page 11101]]
state that, for purposes of a designation by the CEO, a qualified
employee includes, among other things, any officer of ICE deemed by the
CEO to possess the requisite knowledge and job qualifications.\5\
---------------------------------------------------------------------------
\5\ Article 1, Rule 5.
---------------------------------------------------------------------------
In practice, designations under Rule 5 are limited to Exchange
employees and officers. To more accurately reflect actual practice, the
Exchange proposes to replace the references to employees and officers
of ICE in Rule 5 with references to employees and officers of the
Exchange, as follows:
In the first sentence, ``Intercontinental Exchange Group,
Inc. (`ICE')'' would be replaced with ``the Exchange''; and
In clause (1) of the second sentence, ``Exchange'' would
be added before ``officer,'' and ``of ICE'' would be deleted.
The proposed changes would not result in any practical changes
regarding which individuals would be eligible to perform the functions
specified in Rule 5 and would not require the Exchange to change which
individuals may currently performing these functions.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\7\ 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.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule change would promote
clarity and transparency in its rules. The Exchange believes that the
change would not be inconsistent with the public interest and the
protection of investors because investors will not be harmed and in
fact would benefit from the increased clarity and transparency that the
change would introduce, thereby reducing potential confusion.
The Exchange believes that the proposed rule change 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 it would remove any potential confusion among
market participants that may result if the Exchange retained references
to ICE employees and ICE officers in Rule 5, adding clarity and
transparency to Exchange rules. Moreover, the proposed change to the
first prong of the definition of ``qualified employee'' for purposes of
designation by the CEO would make it consistent with the first prong of
the definition of ``qualified employee'' for purposes of designation by
the CRO, reducing any potential confusion among market participants.
In practice, Exchange employees and officers, and not ICE employees
and officers, are designated pursuant to Rule 5. The proposed changes
would ensure that remained true, as under the changes only Exchange
officers or Exchange employees could be qualified employees delegated
authority by the CEO pursuant to Rule 5. For that reason, the Exchange
believes that the proposed change 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.
For these reasons, the Exchange believes that the proposal is
consistent with the Act.
B. Self-Regulatory Organization's Statement on Burden on Competition
In accordance with Section 6(b)(8) of the Act,\8\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The proposed change is not designed to address any
competitive issue but rather serve to promote clarity and consistency,
thereby reducing burdens on the marketplace and facilitating investor
protection. The proposed changes would be administrative and would
apply only to the Exchange, and therefore would not impose any
unnecessary competitive burden on third parties.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------
For the reasons described above, the Exchange believes that the
proposed rule change reflects this competitive environment.
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 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 \9\ and Rule 19b-
4(f)(6) \10\ thereunder.
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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)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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 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
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-NYSECHX-2022-02 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-NYSECHX-2022-02. 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/
[[Page 11102]]
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-NYSECHX-2022-02 and should
be submitted on or before March 21, 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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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2022-04084 Filed 2-25-22; 8:45 am]
BILLING CODE 8011-01-P