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]

Download as PDF 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] lotter on DSK11XQN23PROD with NOTICES1 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 VerDate Sep<11>2014 19:16 Nov 14, 2022 Jkt 259001 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 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\15NON1.SGM 15NON1 68530 Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 / Notices of Exchange Rules 10.9261 and 10.9830.5 lotter on DSK11XQN23PROD with NOTICES1 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 VerDate Sep<11>2014 19:16 Nov 14, 2022 Jkt 259001 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). PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 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). E:\FR\FM\15NON1.SGM 15NON1 Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 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. VerDate Sep<11>2014 19:16 Nov 14, 2022 Jkt 259001 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 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 68531 30 15 E:\FR\FM\15NON1.SGM U.S.C. 78f(b)(7) & 78f(d). 15NON1 68532 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. lotter on DSK11XQN23PROD with NOTICES1 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 VerDate Sep<11>2014 19:16 Nov 14, 2022 Jkt 259001 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 Frm 00096 Fmt 4703 Sfmt 4703 41 17 E:\FR\FM\15NON1.SGM CFR 200.30–3(a)(12). 15NON1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[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\
---------------------------------------------------------------------------

    \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'').
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    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\
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    \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\
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    \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.
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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\
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    \9\ See Initial FINRA Filing, 85 FR at 55713.
    \10\ See id.
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    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.
---------------------------------------------------------------------------

    \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\
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    \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.
---------------------------------------------------------------------------

    \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

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