Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Expiration Date of the Temporary Amendments to Rules 10.9261 and 10.9830., 68529-68532 [2022-24761]
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Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 / Notices
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–ICEEU–
2022–020 and should be submitted on
or before December 6, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022–24766 Filed 11–14–22; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96275; File No. SR–OCC–
2022–010]
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Self-Regulatory Organizations; The
Options Clearing Corporation Notice of
Designation of Longer Period for
Commission Action on Proposed Rule
Change by The Options Clearing
Corporation Concerning a Risk
Management Framework and
Corporate Risk Management Policy
such longer period to be appropriate
and publishes its reasons for so finding,
or as to which the self-regulatory
organization consents, the Commission
shall either approve the proposed rule
change, disapprove the proposed rule
change, or institute proceedings to
determine whether the proposed rule
change should be disapproved. The 45th
day after publication of the Notice of
Filing is November 10, 2022. The
Commission is extending this 45-day
time period.
In order to provide the Commission
with sufficient time to consider the
Proposed Rule Change, the Commission
finds that it is appropriate to designate
a longer period within which to take
action on the Proposed Rule Change.
Accordingly, the Commission,
pursuant to Section 19(b)(2) of the
Exchange Act,6 designates December 25,
2022 as the date by which the
Commission shall either approve,
disapprove, or institute proceedings to
determine whether to disapprove
proposed rule change SR–OCC–2022–
010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
J. Matthew DeLesDernier,
Deputy Secretary.
November 8, 2022.
[FR Doc. 2022–24769 Filed 11–14–22; 8:45 am]
On September 6, 2022, the Options
Clearing Corporation (‘‘OCC’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change SR–OCC–2022–
010 pursuant to Section 19(b) of the
Securities Exchange Act of 1934
(‘‘Exchange Act’’) 1 and Rule 19b–4 2
thereunder to replace OCC’s current
Risk Management Framework Policy
(‘‘RMFP’’) with two new documents: a
Risk Management Framework (‘‘RMF’’)
as well as a Corporate Risk Management
Policy (‘‘CRMP’’).3 The proposed rule
change was published for public
comment in the Federal Register on
September 26, 2022.4 The Commission
has not received comments regarding
the proposal described in the Proposed
Rule Change.
Section 19(b)(2) of the Exchange Act 5
provides that, within 45 days of the
publication of notice of the filing of a
proposed rule change, or within such
longer period up to 90 days as the
Commission may designate if it finds
BILLING CODE 8011–01–P
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Notice of Filing infra note 4, 87 FR at 58409.
4 Securities Exchange Act Release No. 95842
(Sept. 20, 2022), 87 FR 58409 (Sept. 26, 2022) (File
No. SR–OCC–2022–010) (‘‘Notice of Filing’’).
5 15 U.S.C. 78s(b)(2).
1 15
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96260; File No. SR–
NYSECHX–2022–24]
Self-Regulatory Organizations; NYSE
Chicago, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Extending the Expiration
Date of the Temporary Amendments to
Rules 10.9261 and 10.9830.
November 8, 2022.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on October
28, 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
68529
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
The Exchange proposes extending the
expiration date of the temporary
amendments to Rules 10.9261 and
10.9830 as set forth in SR–NYSECHX–
2022–19 from October 31, 2022 to
January 31, 2023, in conformity with
recent changes by the Financial Industry
Regulatory Authority, Inc. (‘‘FINRA’’).
The proposed rule change would not
make any changes to the text of Rules
10.9261 and 10.9830. 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 extending the
expiration date of the temporary
amendments as set forth in NYSECHX–
2022–19 4 to Rules 10.9261 (Evidence
and Procedure in Hearing) and 10.9830
(Hearing) from October 31, 2022 to
January 31, 2023 to harmonize with
recent changes by FINRA to extend the
expiration of temporary amendments to
its Rules 9261 and 9830. NYSECHX–
2022–19 temporarily granted to the
Chief or Deputy Chief Hearing Officer
the authority to order that hearings be
conducted by video conference if
warranted by the current COVID–19
public health risks posed by in-person
hearings. The proposed rule change
would not make any changes to the text
6 Id.
7 17
CFR 200.30–3(a)(31).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
4 See Securities Exchange Act Release No. 95477
(August 11, 2022), 85 FR 50680 (August 17, 2022)
(SR–NYSECHX–2022–19) (‘‘SR–NYSECHX–2022–
19’’).
1 15
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Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 / Notices
of Exchange Rules 10.9261 and
10.9830.5
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Background
In 2022, NYSE Chicago adopted
disciplinary rules that are, with certain
exceptions, substantially the same as the
disciplinary rules of its affiliate NYSE
Arca, Inc., which are in turn
substantially similar to the FINRA Rule
8000 Series and Rule 9000 Series, and
which set forth rules for conducting
investigations and enforcement actions.6
In adopting disciplinary rules
modeled on FINRA’s rules, NYSE
Chicago adopted the hearing and
evidentiary processes set forth in Rule
10.9261 and in Rule 10.9830 for
hearings in matters involving temporary
and permanent cease and desist orders
under the Rule 9800 Series. As adopted,
the text of Rule 10.9261 and Rule
10.9830 are substantially the same as
the FINRA rules with certain
modifications.7
In 2020, in view of the ongoing spread
of COVID–19 and its effect on FINRA’s
adjudicatory functions nationwide,
FINRA filed a temporary rule change to
grant FINRA’s Office of Hearing Officers
(‘‘OHO’’) and the National Adjudicatory
Council (‘‘NAC’’) the authority to
conduct certain hearings by video
conference, if warranted by the current
COVID–19-related public health risks
posed by in-person hearings. Among the
rules FINRA amended were Rules 9261
and 9830.8
5 The Exchange may submit a separate rule filing
to extend the expiration date of the proposed
temporary amendments if the Exchange requires
temporary relief from the rule requirements
identified in this proposal beyond January 31, 2023.
The amended NYSE Chicago rules will revert back
to their original state at the conclusion of the
temporary relief period and any extension thereof.
6 See Securities Exchange Act Release No. 95020
(June 1, 2022), 87 FR 35034, (June 8, 2022) (SR–
NYSECHX–2022–10) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change
to Adopt Investigation, Disciplinary, Sanction, and
Other Procedural Rules Modeled on the Rules of the
Exchange’s Affiliates) (‘‘2022 Notice of Disciplinary
Rules’’).
7 See id.
8 See Securities Exchange Act Release Nos. 83289
(September 2, 2020), 85 FR 55712 (September 9,
2020) (SR–FINRA–2020–027) (‘‘Initial FINRA
Filing’’). FINRA also proposed to temporarily
amend FINRA Rules 1015 and 9524. FINRA Rule
1015 governs the process by which an applicant for
new or continuing membership can appeal a
decision rendered by FINRA’s Department of
Member Supervision under FINRA Rule 1014 or
1017 and request a hearing which would be
conducted by a subcommittee of the NAC. See id.
at 55714. The Exchange has not adopted FINRA
Rule 1015. FINRA Rule 9524 governs the process
by which a statutorily disqualified member firm or
associated person can appeal the Department’s
recommendation to deny a firm or sponsoring firm’s
application to the NAC. See id. Under the
Exchange’s version of Rule 10.9524, if the CRO
rejects the application, the ETP Holder or applicant
may request a review by the Exchange Board of
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FINRA represented in its filing that its
protocol for conducting hearings by
video conference would ensure that
such hearings maintain fair process for
the parties by, among other things,
FINRA’s use of a high quality, secure
and user-friendly video conferencing
service and provide thorough
instructions, training and technical
support to all hearing participants.9
According to FINRA, the proposed
changes were a reasonable interim
solution to allow FINRA’s critical
adjudicatory processes to continue to
function while protecting the health and
safety of hearing participants as FINRA
works towards resuming in-person
hearings in a manner that is compliant
with the current guidance of public
health authorities.10
Since the Initial FINRA Filing (in
2020), FINRA periodically extended the
temporary relief as the COVID–19
pandemic and concerns surrounding its
spread persisted.11 Due to the continued
presence and uncertainty of COVID–19,
FINRA believes that there is a continued
need for temporary relief beyond
October 31, 2022.12 On date, 2022, the
Exchange filed to temporarily grants the
Chief or Deputy Chief Hearing Officer
the authority to order that hearings be
conducted by video conference if
warranted by public health risks posed
by in-person hearings during the
ongoing COVID–19 pandemic.13
According to FINRA, although there
has been a downward trend in the
number of COVID–19 cases since July
2022—when FINRA last filed to extend
the temporary relief, COVID–19 still
remains a public health concern.14 For
example, according to the Centers for
Disease Control and Prevention
(‘‘CDC’’), the 7-day moving average of
new deaths from COVID–19 in the
United States during September 2022
ranged from approximately 300 to 500
deaths per day,15 and approximately 23
percent of counties in the United States
have a medium or high COVID–19
Directors. This differs from FINRA’s process, which
provides for a hearing before the NAC and further
consideration by the FINRA Board of Directors.
9 See Initial FINRA Filing, 85 FR at 55713.
10 See id.
11 See, e.g., Securities Exchange Act Release No.
94430 (March 16, 2022), 87 FR 16262 (March 22,
2022) (SR–FINRA–2022–018) (earlier extension of
temporary relief from July 31, 2022 until October
31, 2022).
12 See Securities Exchange Act Release No. 96107
(October 19, 2022), 87 FR 64526 (October 25, 2022)
(SR–FINRA–2022–029) (‘‘SR–FINRA–2022–029’’).
13 See supra note 4, SR–NYSECHX–2022–19.
14 See id.
15 See CDC, COVID Data Tracker—Trends in
Number of COVID–19 Cases and Deaths in the U.S.
Reported to CDC, by State/Territory, https://
covid.cdc.gov/covid-data-tracker/#trends_
dailydeaths_select_00 (last visited Oct. 11, 2022).
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Community Level based on the CDC’s
most recent calculations.16 Much
uncertainty also remains as to whether
there will be a significant increase in the
number of cases of COVID–19 in the
future given the emergence of new
Omicron variants that the CDC currently
is tracking 17 and the dissimilar
vaccination rates (completed primary
series and a first booster dose)
throughout the United States.18 Due to
the continued presence and uncertainty
of COVID–19, FINRA believes that there
is a continued need for temporary relief
beyond October 31, 2022.19 On October
17, 2022, FINRA accordingly filed to
extend the expiration date of the
temporary rule amendments to, among
other rules, FINRA Rule 9261 and 9830
from October 31, 2022 to January 31,
2023.20
Proposed Rule Change
Consistent with FINRA’s recent
proposal, the Exchange proposes to
extend the expiration date of the
temporary rule amendments to NYSE
Chicago Rules 10.9261 and 10.9830 as
set forth in SR–NYSECHX–2022–19
from October 31, 2022 to January 31,
2023.
As set forth in SR–FINRA–2022–029,
although there has been a downward
trend in the number of COVID–19 cases
since July 2022—when FINRA last filed
to extend the temporary relief, that
COVID–19 still remains a public health
concern. For example, according to the
Centers for Disease Control and
Prevention (‘‘CDC’’), the 7-day moving
average of new deaths from COVID–19
in the United States during September
2022 ranged from approximately 300 to
500 deaths per day,21 and
approximately 23 percent of counties in
the United States have a medium or
high COVID–19 Community Level based
on the CDC’s most recent calculations.22
Much uncertainty also remains as to
16 See CDC, COVID Data Tracker—COVID–19
Integrated County View, https://covid.cdc.gov/
covid-data-tracker/#county-view?list_select_
state=all_states&list_select_county=all_
counties&datatype=CommunityLevels&null=CommunityLevels
(last visited Oct. 11, 2022).
17 These new Omicron variants include BA.4.6,
BF.7, and BA.2.75. See CDC, COVID Data Tracker—
Variant Proportions, https://covid.cdc.gov/coviddata-tracker/#variant-proportions (last visited Oct.
11, 2022).
18 A state-by-state comparison of vaccination rates
is available at https://covid.cdc.gov/covid-datatracker/#vaccinations_vacc-people-additional-dosetotalpop.
19 See SR–FINRA–2022–029, 87 FR at 64526–28.
20 See generally SR–FINRA–2022–029.
21 See supra note 15 (CDC, COVID Data Tracker—
Trends in Number of COVID–19 Cases and Deaths
in the U.S. Reported to CDC, by State/Territory).
22 See supra note 16 (CDC, COVID Data Tracker—
COVID–19 Integrated County View).
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whether there will be a significant
increase in the number of cases of
COVID–19 in the future given the
emergence of new Omicron variants that
the CDC currently is tracking 23 and the
dissimilar vaccination rates (completed
primary series and a first booster dose)
throughout the United States.24 Due to
the continued presence and uncertainty
of COVID–19, FINRA believes that there
is a continued need for temporary relief
beyond October 31, 2022.25 FINRA
accordingly proposed to extend the
expiration date of the temporary rule
amendments from October 31, 2022 to
January 31, 2023.
The Exchange proposes to similarly
extend the expiration date of the
temporary rule amendments to NYSE
Chicago Rules 10.9261 and 10.9830 as
set forth in SR–NYSECHX–2022–19
from October 31, 2022 to January 31,
2023. The Exchange agrees with FINRA
that, although there has been a
downward trend in the number of
COVID–19 cases since July 2022—when
FINRA last filed to extend the
temporary relief, that COVID–19 still
remains a public health concern. The
Exchange also agrees that, due to the
continued presence and uncertainty of
COVID–19, for the reasons set forth in
SR–FINRA–2022–029, there is a
continued need for this temporary relief
beyond October 31, 2022. The proposed
change would permit OHO to continue
to assess, based on critical COVID–19
data and criteria and the guidance of
health and security consultants,
whether an in-person hearing would
compromise the health and safety of the
hearing participants such that the
hearing should proceed by video
conference. As noted in SR–FINRA–
2022–029, in deciding whether to
schedule a hearing by video conference,
OHO may consider a variety of other
factors in addition to COVID–19 trends.
Similarly, as noted in SR–FINRA–2022–
029, in SR–FINRA–2020–027, FINRA
provided a non-exhaustive list of other
factors OHO may take into
consideration, including a hearing
participant’s individual health concerns
and access to the connectivity and
technology necessary to participate in a
video conference hearing.26 The
Exchange believes that this is a
reasonable procedure to continue to
follow for hearings under Rules 10.9261
23 See supra note 17 (regarding the new Omicron
variants include BA.4.6, BF.7, and BA.2.75
described in CDC, COVID Data Tracker—Variant
Proportions).
24 See supra note 18 (regarding state-by-state
comparison of COVID–19 vaccination rates).
25 See SR–FINRA–2022–029, 87 FR at 64526–28.
26 See SR–FINRA–2022–029, 87 FR at 64527, n.
15.
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and 10.9830 chaired by a FINRA
employee.
As noted below, the Exchange has
filed the proposed rule change for
immediate effectiveness and has
requested that the SEC waive the
requirement that the proposed rule
change not become operative for 30 days
after the date of the filing, so the
Exchange can implement the proposed
rule change immediately.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) of the
Act,27 in general, and furthers the
objectives of Section 6(b)(5),28 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. Additionally, the
Exchange believes the proposed rule
change is designed to provide a fair
procedure for the disciplining of
members and persons associated with
members, consistent with Sections
6(b)(7) and 6(d) of the Act.29
The Exchange believes that the
proposed rule change support the
objectives of the Act by providing
greater harmonization between
Exchange rules and FINRA rules of
similar purpose, resulting in less
burdensome and more efficient
regulatory compliance. As such, the
proposed rule change will foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities and will
remove impediments to and perfect the
mechanism of a free and open market
and a national market system.
The proposed rule change, which
extends the expiration date of the
temporary amendments to Exchange
rules consistent with FINRA’s extension
to its Rules 9261 and 9830 as set forth
in SR–FINRA–2022–029, will permit the
Exchange to continue to effectively
conduct hearings given the continued
presence and uncertainty of COVID–19.
Given that COVID–19 remains a public
health concern and the uncertainty
around a potential spike in cases of the
disease, without this relief allowing
OHO to proceed by video conference,
some or all hearings may have to be
27 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
29 15 U.S.C. 78f(b)(7) and 78f(d).
postponed. The ability to conduct
hearings by video conference will
permit the adjudicatory functions of the
Exchange’s disciplinary rules to
continue unabated, thereby avoiding
protracted delays. The Exchange
believes that this is especially important
in matters where temporary and
permanent cease and desist orders are
sought because the proposed rule
change would enable those hearings to
continue to proceed without delay,
thereby enabling the Exchange to
continue to take immediate action to
stop significant, ongoing customer
harm, to the benefit of the investing
public.
As set forth in detail in NYSECHX–
2022–19, the temporary relief to permit
hearings to be conducted via video
conference maintains fair process and
will continue to provide fair process
consistent with Sections 6(b)(7) and 6(d)
of the Act 30 while striking an
appropriate balance between providing
fair process and enabling the Exchange
to fulfill its statutory obligations to
protect investors and maintain fair and
orderly markets while avoiding the
COVID–19-related public health risks
for hearing participants. The Exchange
notes that this proposal, like
NYSECHX–2022–19, provides only
temporary relief. As proposed, the
changes would be in place through
January 31, 2023. As noted in
NYSECHX–2022–19 and above, the
amended rules will revert back to their
original state at the conclusion of the
temporary relief period and, if
applicable, any extension thereof.
Accordingly, the proposed rule
change extending this temporary relief
is in the public interest and consistent
with the Act’s purpose.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed temporary 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 intended to extend
temporary relief necessitated by the
continued presence and uncertainty of
COVID–19 and the related health and
safety risks of conducting in-person
activities. The Exchange believes that
the proposed rule change will prevent
unnecessary impediments to critical
adjudicatory processes and its ability to
fulfill its statutory obligations to protect
investors and maintain fair and orderly
markets that would otherwise result if
28 15
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30 15
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U.S.C. 78f(b)(7) & 78f(d).
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Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 / Notices
the temporary amendments were to
expire on October 31, 2022.
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.
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III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 31 and Rule
19b–4(f)(6) thereunder.32 Because the
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 and Rule 19b–4(f)(6)(iii)
thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) 33 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b4(f)(6)(iii),34 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest. The
Exchange has asked the Commission to
waive the 30-day operative delay so that
the proposal may become operative
immediately upon filing. The Exchange
has indicated that there is a continued
need to extend the temporary relief
because the Exchange agrees with
FINRA that the COVID–19 related
health concerns necessitating this relief
will continue beyond October 31,
2022.35 The Exchange also states that
the temporary relief provided in this
proposal immediately upon filing and
without a 30-day operative delay will
allow the Exchange to continue critical
adjudicatory and review processes so
that the Exchange may continue to
operate effectively and meet its critical
investor protection goals, while also
protecting the health and safety of
hearing participants.36 The Commission
31 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
33 17 CFR 240.19b–4(f)(6).
34 17 CFR 240.19b–4(f)(6)(iii).
35 See supra Item II; see also SR–FINRA–2022–
029, 87 FR 64526, at 64527.
36 See 87 FR 64526, at 64528–29 (noting the same
in granting FINRA’s request to waive the 30-day
32 17
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also notes that this proposal extends
without change the temporary relief
previously provided by SR–NYSECHX–
2022–19.37 As proposed, the temporary
changes would be in place through
January 31, 2023 and the amended rules
will revert back to their original state at
the conclusion of the temporary relief
period and, if applicable, any extension
thereof.38 For these reasons, the
Commission believes that waiver of the
30-day operative delay for this proposal
is consistent with the protection of
investors and the public interest.
Accordingly, the Commission hereby
waives the 30-day operative delay and
designates the proposal operative upon
filing.39
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
under Section 19(b)(2)(B) 40 of the Act 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–2022–24 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–2022–24. 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–NYSECHX–2022–24 and
should be submitted on or before
December 6, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.41
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–24761 Filed 11–14–22; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
2:00 p.m. on Thursday,
November 17, 2022.
PLACE: The meeting will be held via
remote means and/or at the
Commission’s headquarters, 100 F
Street NE, Washington, DC 20549.
STATUS: This meeting will be closed to
the public.
MATTERS TO BE CONSIDERED:
Commissioners, Counsel to the
Commissioners, the Secretary to the
TIME AND DATE:
operative delay so that SR–FINRA–2022–029 would
become operative immediately upon filing).
37 See supra note 4.
38 See supra note 5. As noted above, the Exchange
states that if it requires temporary relief from the
rule requirements identified in this proposal
beyond January 31, 2023, it may submit a separate
rule filing to extend the effectiveness of the
temporary relief under these rules.
39 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule change’s impact on efficiency,
competition, and capital formation. See 15 U.S.C.
78c(f).
40 15 U.S.C. 78s(b)(2)(B).
PO 00000
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CFR 200.30–3(a)(12).
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]]>Agencies
[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Notices]
[Pages 68529-68532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24761]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-96260; File No. SR-NYSECHX-2022-24]
Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Extending
the Expiration Date of the Temporary Amendments to Rules 10.9261 and
10.9830.
November 8, 2022.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on October 28, 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 extending the expiration date of the
temporary amendments to Rules 10.9261 and 10.9830 as set forth in SR-
NYSECHX-2022-19 from October 31, 2022 to January 31, 2023, in
conformity with recent changes by the Financial Industry Regulatory
Authority, Inc. (``FINRA''). The proposed rule change would not make
any changes to the text of Rules 10.9261 and 10.9830. 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 extending the expiration date of the
temporary amendments as set forth in NYSECHX-2022-19 \4\ to Rules
10.9261 (Evidence and Procedure in Hearing) and 10.9830 (Hearing) from
October 31, 2022 to January 31, 2023 to harmonize with recent changes
by FINRA to extend the expiration of temporary amendments to its Rules
9261 and 9830. NYSECHX-2022-19 temporarily granted to the Chief or
Deputy Chief Hearing Officer the authority to order that hearings be
conducted by video conference if warranted by the current COVID-19
public health risks posed by in-person hearings. The proposed rule
change would not make any changes to the text
[[Page 68530]]
of Exchange Rules 10.9261 and 10.9830.\5\
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\4\ See Securities Exchange Act Release No. 95477 (August 11,
2022), 85 FR 50680 (August 17, 2022) (SR-NYSECHX-2022-19) (``SR-
NYSECHX-2022-19'').
\5\ The Exchange may submit a separate rule filing to extend the
expiration date of the proposed temporary amendments if the Exchange
requires temporary relief from the rule requirements identified in
this proposal beyond January 31, 2023. The amended NYSE Chicago
rules will revert back to their original state at the conclusion of
the temporary relief period and any extension thereof.
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Background
In 2022, NYSE Chicago adopted disciplinary rules that are, with
certain exceptions, substantially the same as the disciplinary rules of
its affiliate NYSE Arca, Inc., which are in turn substantially similar
to the FINRA Rule 8000 Series and Rule 9000 Series, and which set forth
rules for conducting investigations and enforcement actions.\6\
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\6\ See Securities Exchange Act Release No. 95020 (June 1,
2022), 87 FR 35034, (June 8, 2022) (SR-NYSECHX-2022-10) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Adopt
Investigation, Disciplinary, Sanction, and Other Procedural Rules
Modeled on the Rules of the Exchange's Affiliates) (``2022 Notice of
Disciplinary Rules'').
---------------------------------------------------------------------------
In adopting disciplinary rules modeled on FINRA's rules, NYSE
Chicago adopted the hearing and evidentiary processes set forth in Rule
10.9261 and in Rule 10.9830 for hearings in matters involving temporary
and permanent cease and desist orders under the Rule 9800 Series. As
adopted, the text of Rule 10.9261 and Rule 10.9830 are substantially
the same as the FINRA rules with certain modifications.\7\
---------------------------------------------------------------------------
\7\ See id.
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In 2020, in view of the ongoing spread of COVID-19 and its effect
on FINRA's adjudicatory functions nationwide, FINRA filed a temporary
rule change to grant FINRA's Office of Hearing Officers (``OHO'') and
the National Adjudicatory Council (``NAC'') the authority to conduct
certain hearings by video conference, if warranted by the current
COVID-19-related public health risks posed by in-person hearings. Among
the rules FINRA amended were Rules 9261 and 9830.\8\
---------------------------------------------------------------------------
\8\ See Securities Exchange Act Release Nos. 83289 (September 2,
2020), 85 FR 55712 (September 9, 2020) (SR-FINRA-2020-027)
(``Initial FINRA Filing''). FINRA also proposed to temporarily amend
FINRA Rules 1015 and 9524. FINRA Rule 1015 governs the process by
which an applicant for new or continuing membership can appeal a
decision rendered by FINRA's Department of Member Supervision under
FINRA Rule 1014 or 1017 and request a hearing which would be
conducted by a subcommittee of the NAC. See id. at 55714. The
Exchange has not adopted FINRA Rule 1015. FINRA Rule 9524 governs
the process by which a statutorily disqualified member firm or
associated person can appeal the Department's recommendation to deny
a firm or sponsoring firm's application to the NAC. See id. Under
the Exchange's version of Rule 10.9524, if the CRO rejects the
application, the ETP Holder or applicant may request a review by the
Exchange Board of Directors. This differs from FINRA's process,
which provides for a hearing before the NAC and further
consideration by the FINRA Board of Directors.
---------------------------------------------------------------------------
FINRA represented in its filing that its protocol for conducting
hearings by video conference would ensure that such hearings maintain
fair process for the parties by, among other things, FINRA's use of a
high quality, secure and user-friendly video conferencing service and
provide thorough instructions, training and technical support to all
hearing participants.\9\ According to FINRA, the proposed changes were
a reasonable interim solution to allow FINRA's critical adjudicatory
processes to continue to function while protecting the health and
safety of hearing participants as FINRA works towards resuming in-
person hearings in a manner that is compliant with the current guidance
of public health authorities.\10\
---------------------------------------------------------------------------
\9\ See Initial FINRA Filing, 85 FR at 55713.
\10\ See id.
---------------------------------------------------------------------------
Since the Initial FINRA Filing (in 2020), FINRA periodically
extended the temporary relief as the COVID-19 pandemic and concerns
surrounding its spread persisted.\11\ Due to the continued presence and
uncertainty of COVID-19, FINRA believes that there is a continued need
for temporary relief beyond October 31, 2022.\12\ On date, 2022, the
Exchange filed to temporarily grants the Chief or Deputy Chief Hearing
Officer the authority to order that hearings be conducted by video
conference if warranted by public health risks posed by in-person
hearings during the ongoing COVID-19 pandemic.\13\
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\11\ See, e.g., Securities Exchange Act Release No. 94430 (March
16, 2022), 87 FR 16262 (March 22, 2022) (SR-FINRA-2022-018) (earlier
extension of temporary relief from July 31, 2022 until October 31,
2022).
\12\ See Securities Exchange Act Release No. 96107 (October 19,
2022), 87 FR 64526 (October 25, 2022) (SR-FINRA-2022-029) (``SR-
FINRA-2022-029'').
\13\ See supra note 4, SR-NYSECHX-2022-19.
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According to FINRA, although there has been a downward trend in the
number of COVID-19 cases since July 2022--when FINRA last filed to
extend the temporary relief, COVID-19 still remains a public health
concern.\14\ For example, according to the Centers for Disease Control
and Prevention (``CDC''), the 7-day moving average of new deaths from
COVID-19 in the United States during September 2022 ranged from
approximately 300 to 500 deaths per day,\15\ and approximately 23
percent of counties in the United States have a medium or high COVID-19
Community Level based on the CDC's most recent calculations.\16\ Much
uncertainty also remains as to whether there will be a significant
increase in the number of cases of COVID-19 in the future given the
emergence of new Omicron variants that the CDC currently is tracking
\17\ and the dissimilar vaccination rates (completed primary series and
a first booster dose) throughout the United States.\18\ Due to the
continued presence and uncertainty of COVID-19, FINRA believes that
there is a continued need for temporary relief beyond October 31,
2022.\19\ On October 17, 2022, FINRA accordingly filed to extend the
expiration date of the temporary rule amendments to, among other rules,
FINRA Rule 9261 and 9830 from October 31, 2022 to January 31, 2023.\20\
---------------------------------------------------------------------------
\14\ See id.
\15\ See CDC, COVID Data Tracker--Trends in Number of COVID-19
Cases and Deaths in the U.S. Reported to CDC, by State/Territory,
https://covid.cdc.gov/covid-data-tracker/#trends_dailydeaths_select_00 (last visited Oct. 11, 2022).
\16\ See CDC, COVID Data Tracker--COVID-19 Integrated County
View, https://covid.cdc.gov/covid-data-tracker/#county-view?list_select_state=all_states&list_select_county=all_counties&data-type=CommunityLevels&null=CommunityLevels (last visited Oct. 11,
2022).
\17\ These new Omicron variants include BA.4.6, BF.7, and
BA.2.75. See CDC, COVID Data Tracker--Variant Proportions, https://covid.cdc.gov/covid-data-tracker/#variant-proportions (last visited
Oct. 11, 2022).
\18\ A state-by-state comparison of vaccination rates is
available at https://covid.cdc.gov/covid-data-tracker/#vaccinations_vacc-people-additional-dose-totalpop.
\19\ See SR-FINRA-2022-029, 87 FR at 64526-28.
\20\ See generally SR-FINRA-2022-029.
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Proposed Rule Change
Consistent with FINRA's recent proposal, the Exchange proposes to
extend the expiration date of the temporary rule amendments to NYSE
Chicago Rules 10.9261 and 10.9830 as set forth in SR-NYSECHX-2022-19
from October 31, 2022 to January 31, 2023.
As set forth in SR-FINRA-2022-029, although there has been a
downward trend in the number of COVID-19 cases since July 2022--when
FINRA last filed to extend the temporary relief, that COVID-19 still
remains a public health concern. For example, according to the Centers
for Disease Control and Prevention (``CDC''), the 7-day moving average
of new deaths from COVID-19 in the United States during September 2022
ranged from approximately 300 to 500 deaths per day,\21\ and
approximately 23 percent of counties in the United States have a medium
or high COVID-19 Community Level based on the CDC's most recent
calculations.\22\ Much uncertainty also remains as to
[[Page 68531]]
whether there will be a significant increase in the number of cases of
COVID-19 in the future given the emergence of new Omicron variants that
the CDC currently is tracking \23\ and the dissimilar vaccination rates
(completed primary series and a first booster dose) throughout the
United States.\24\ Due to the continued presence and uncertainty of
COVID-19, FINRA believes that there is a continued need for temporary
relief beyond October 31, 2022.\25\ FINRA accordingly proposed to
extend the expiration date of the temporary rule amendments from
October 31, 2022 to January 31, 2023.
---------------------------------------------------------------------------
\21\ See supra note 15 (CDC, COVID Data Tracker--Trends in
Number of COVID-19 Cases and Deaths in the U.S. Reported to CDC, by
State/Territory).
\22\ See supra note 16 (CDC, COVID Data Tracker--COVID-19
Integrated County View).
\23\ See supra note 17 (regarding the new Omicron variants
include BA.4.6, BF.7, and BA.2.75 described in CDC, COVID Data
Tracker--Variant Proportions).
\24\ See supra note 18 (regarding state-by-state comparison of
COVID-19 vaccination rates).
\25\ See SR-FINRA-2022-029, 87 FR at 64526-28.
---------------------------------------------------------------------------
The Exchange proposes to similarly extend the expiration date of
the temporary rule amendments to NYSE Chicago Rules 10.9261 and 10.9830
as set forth in SR-NYSECHX-2022-19 from October 31, 2022 to January 31,
2023. The Exchange agrees with FINRA that, although there has been a
downward trend in the number of COVID-19 cases since July 2022--when
FINRA last filed to extend the temporary relief, that COVID-19 still
remains a public health concern. The Exchange also agrees that, due to
the continued presence and uncertainty of COVID-19, for the reasons set
forth in SR-FINRA-2022-029, there is a continued need for this
temporary relief beyond October 31, 2022. The proposed change would
permit OHO to continue to assess, based on critical COVID-19 data and
criteria and the guidance of health and security consultants, whether
an in-person hearing would compromise the health and safety of the
hearing participants such that the hearing should proceed by video
conference. As noted in SR-FINRA-2022-029, in deciding whether to
schedule a hearing by video conference, OHO may consider a variety of
other factors in addition to COVID-19 trends. Similarly, as noted in
SR-FINRA-2022-029, in SR-FINRA-2020-027, FINRA provided a non-
exhaustive list of other factors OHO may take into consideration,
including a hearing participant's individual health concerns and access
to the connectivity and technology necessary to participate in a video
conference hearing.\26\ The Exchange believes that this is a reasonable
procedure to continue to follow for hearings under Rules 10.9261 and
10.9830 chaired by a FINRA employee.
---------------------------------------------------------------------------
\26\ See SR-FINRA-2022-029, 87 FR at 64527, n. 15.
---------------------------------------------------------------------------
As noted below, the Exchange has filed the proposed rule change for
immediate effectiveness and has requested that the SEC waive the
requirement that the proposed rule change not become operative for 30
days after the date of the filing, so the Exchange can implement the
proposed rule change immediately.
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Act,\27\ in general, and furthers the objectives of Section
6(b)(5),\28\ 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. Additionally, the Exchange believes
the proposed rule change is designed to provide a fair procedure for
the disciplining of members and persons associated with members,
consistent with Sections 6(b)(7) and 6(d) of the Act.\29\
---------------------------------------------------------------------------
\27\ 15 U.S.C. 78f(b).
\28\ 15 U.S.C. 78f(b)(5).
\29\ 15 U.S.C. 78f(b)(7) and 78f(d).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule change support the
objectives of the Act by providing greater harmonization between
Exchange rules and FINRA rules of similar purpose, resulting in less
burdensome and more efficient regulatory compliance. As such, the
proposed rule change will foster cooperation and coordination with
persons engaged in facilitating transactions in securities and will
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
The proposed rule change, which extends the expiration date of the
temporary amendments to Exchange rules consistent with FINRA's
extension to its Rules 9261 and 9830 as set forth in SR-FINRA-2022-029,
will permit the Exchange to continue to effectively conduct hearings
given the continued presence and uncertainty of COVID-19. Given that
COVID-19 remains a public health concern and the uncertainty around a
potential spike in cases of the disease, without this relief allowing
OHO to proceed by video conference, some or all hearings may have to be
postponed. The ability to conduct hearings by video conference will
permit the adjudicatory functions of the Exchange's disciplinary rules
to continue unabated, thereby avoiding protracted delays. The Exchange
believes that this is especially important in matters where temporary
and permanent cease and desist orders are sought because the proposed
rule change would enable those hearings to continue to proceed without
delay, thereby enabling the Exchange to continue to take immediate
action to stop significant, ongoing customer harm, to the benefit of
the investing public.
As set forth in detail in NYSECHX-2022-19, the temporary relief to
permit hearings to be conducted via video conference maintains fair
process and will continue to provide fair process consistent with
Sections 6(b)(7) and 6(d) of the Act \30\ while striking an appropriate
balance between providing fair process and enabling the Exchange to
fulfill its statutory obligations to protect investors and maintain
fair and orderly markets while avoiding the COVID-19-related public
health risks for hearing participants. The Exchange notes that this
proposal, like NYSECHX-2022-19, provides only temporary relief. As
proposed, the changes would be in place through January 31, 2023. As
noted in NYSECHX-2022-19 and above, the amended rules will revert back
to their original state at the conclusion of the temporary relief
period and, if applicable, any extension thereof.
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\30\ 15 U.S.C. 78f(b)(7) & 78f(d).
---------------------------------------------------------------------------
Accordingly, the proposed rule change extending this temporary
relief is in the public interest and consistent with the Act's purpose.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed temporary 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
intended to extend temporary relief necessitated by the continued
presence and uncertainty of COVID-19 and the related health and safety
risks of conducting in-person activities. The Exchange believes that
the proposed rule change will prevent unnecessary impediments to
critical adjudicatory processes and its ability to fulfill its
statutory obligations to protect investors and maintain fair and
orderly markets that would otherwise result if
[[Page 68532]]
the temporary amendments were to expire on October 31, 2022.
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
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \31\ and Rule 19b-4(f)(6) thereunder.\32\
Because the 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 and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------
\31\ 15 U.S.C. 78s(b)(3)(A)(iii).
\32\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) \33\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\34\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange has
indicated that there is a continued need to extend the temporary relief
because the Exchange agrees with FINRA that the COVID-19 related health
concerns necessitating this relief will continue beyond October 31,
2022.\35\ The Exchange also states that the temporary relief provided
in this proposal immediately upon filing and without a 30-day operative
delay will allow the Exchange to continue critical adjudicatory and
review processes so that the Exchange may continue to operate
effectively and meet its critical investor protection goals, while also
protecting the health and safety of hearing participants.\36\ The
Commission also notes that this proposal extends without change the
temporary relief previously provided by SR-NYSECHX-2022-19.\37\ As
proposed, the temporary changes would be in place through January 31,
2023 and the amended rules will revert back to their original state at
the conclusion of the temporary relief period and, if applicable, any
extension thereof.\38\ For these reasons, the Commission believes that
waiver of the 30-day operative delay for this proposal is consistent
with the protection of investors and the public interest. Accordingly,
the Commission hereby waives the 30-day operative delay and designates
the proposal operative upon filing.\39\
---------------------------------------------------------------------------
\33\ 17 CFR 240.19b-4(f)(6).
\34\ 17 CFR 240.19b-4(f)(6)(iii).
\35\ See supra Item II; see also SR-FINRA-2022-029, 87 FR 64526,
at 64527.
\36\ See 87 FR 64526, at 64528-29 (noting the same in granting
FINRA's request to waive the 30-day operative delay so that SR-
FINRA-2022-029 would become operative immediately upon filing).
\37\ See supra note 4.
\38\ See supra note 5. As noted above, the Exchange states that
if it requires temporary relief from the rule requirements
identified in this proposal beyond January 31, 2023, it may submit a
separate rule filing to extend the effectiveness of the temporary
relief under these rules.
\39\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
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 under
Section 19(b)(2)(B) \40\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\40\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------
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-2022-24 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-2022-24. 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-NYSECHX-2022-24 and should be submitted
on or before December 6, 2022.
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\41\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\41\
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-24761 Filed 11-14-22; 8:45 am]
BILLING CODE 8011-01-P
