Notice2022-00379
Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Expiration Date of the Temporary Amendments to Rules 9261 and 9830
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 12, 2022
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 87 Issue 8 (Wednesday, January 12, 2022)</title>
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[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1825-1828]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00379]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-93917; File No. SR-NYSEAMER-2021-49]
Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Extending
the Expiration Date of the Temporary Amendments to Rules 9261 and 9830
January 6, 2022.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on December 27, 2021, NYSE American LLC (``NYSE American''
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.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
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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 9261 and 9830 as set forth in SR-
NYSEAMER-2020-69 from December 31, 2021 to March 31, 2022, 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 NYSE American Rules 9261 and 9830. The
proposed rule change is available on the Exchange's website at
<a href="http://www.nyse.com">www.nyse.com</a>, 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 SR-NYSEAMER-2020-69 \4\ to Rules
9261 (Evidence and Procedure in Hearing) and 9830 (Hearing) from
December 31, 2021 to March 31, 2022, to harmonize with recent changes
by FINRA to extend the expiration date of the temporary amendments to
its Rules 9261 and 9830. SR-NYSEAMER-2020-69 temporarily granted to 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.
The proposed rule change would not make any changes to the text of
Exchange Rules 9261 and 9830.\5\
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\4\ See Securities Exchange Act Release No. 90085 (October 2,
2020), 85 FR 63603 (October 8, 2020) (SR-NYSEAMER-2020-69) (``SR-
NYSEAMER-2020-69'').
\5\ The Exchange may submit a separate rule filing to extend the
expiration date of the proposed extension beyond March 31, 2022 if
the Exchange requires additional temporary relief from the rule
requirements identified in SR-NYSEAMER-2020-69. The amended NYSE
American 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 2016, NYSE American (then known as NYSE MKT LLC) adopted
disciplinary rules that are, with certain exceptions, substantially the
same as the Rule 8000 Series and Rule 9000 Series of FINRA and its
affiliate the New York Stock Exchange LLC (``NYSE''), and which set
forth rules for conducting investigations and enforcement actions.\6\
The NYSE American disciplinary rules were implemented on April 15,
2016.\7\
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\6\ See Securities Exchange Act Release Nos. 77241 (February 26,
2016), 81 FR 11311 (March 3, 2016) (SR-NYSEMKT-2016-30) (``2016
Notice'').
\7\ See NYSE MKT Information Memorandum 16-02 (March 14, 2016).
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In adopting disciplinary rules modeled on FINRA's rules, NYSE
American adopted the hearing and evidentiary processes set forth in
Rule 9261 and in Rule 9830 for hearings in matters involving temporary
and permanent cease and desist orders under the Rule 9800 Series. As
adopted, the text of Rule 9261 and Rule 9830 are substantially the same
as the FINRA rules with certain modifications.\8\
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\8\ See 2016 Notice, 81 FR at 11327 & 11332.
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In response to the COVID-19 global health crisis and the
corresponding need to restrict in-person activities, on August 31,
2020, FINRA filed with the Commission a proposed rule change for
immediate effectiveness, SR-FINRA-2020-027, which allowed FINRA's
Office of Hearing Officers (``OHO'') to conduct hearings, on a
temporary basis, by video conference, if warranted by the current
COVID-19-related public health risks posed by an in-person hearing.
Among the rules FINRA amended were Rules 9261 and 9830.\9\
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\9\ See Securities Exchange Act Release No. 89737 (September 2,
2020), 85 FR 55712 (September 9, 2020) (SR-FINRA-2020-027) (``SR-
FINRA-2020-027'').
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Given that FINRA and OHO administers disciplinary hearings on the
Exchange's behalf, and that the public health concerns addressed by
FINRA's amendments apply equally to Exchange disciplinary hearings, on
September 15, 2020, the Exchange filed to temporarily amend Rule 9261
and Rule 9830 to permit FINRA to conduct virtual hearings on its
behalf.\10\ In December 2020, FINRA filed a proposed rule change, SR-
FINRA-2020-042, to extend the expiration date of the temporary
amendments in SR-FINRA-2020-027 from December 31, 2020, to April 30,
2021.\11\ On December 22, 2020, the Exchange similarly filed to extend
the temporary amendments to Rule 9261 and Rule 9830 to April 30,
2021.\12\ On April 1, 2021, FINRA filed a proposed rule change, SR-
FINRA-2021-006, to extend the expiration date of the
[[Page 1826]]
temporary rule amendments to, among other rules, FINRA Rule 9261 and
9830 from April 30, 2021, to August 31, 2021.\13\ On April 20, 2021,
the Exchange filed to extend the temporary amendments to Rule 9261 and
Rule 9830 to August 31, 2021.\14\ On August 13, 2021, FINRA filed a
proposed rule change, SR-FINRA-2021-019, to extend the expiration date
of the temporary amendments to, among other rules, FINRA Rule 9261 and
9830 from August 31, 2021, to December 31, 2021.\15\ On August 27,
2021, the Exchange filed to extend the temporary amendments to Rule
9261 and Rule 9830 to December 31, 2021, after which the temporary
amendments will expire absent another proposed rule change filing by
the Exchange.\16\
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\10\ See note 4, supra.
\11\ See Securities Exchange Act Release No. 90619 (December 9,
2020), 85 FR 81250 (December 15, 2020) (SR-FINRA-2020-042).
\12\ See Securities Exchange Act Release No. 90823 (December 30,
2020), 86 FR 650 (January 6, 2021) (SR-NYSEAMER-2020-88).
\13\ See Securities Exchange Act Release No. 91495 (April 7,
2021), 86 FR 19306 (April 13, 2021) (SR-FINRA-2021-006).
\14\ See Securities Exchange Act Release No. 91631 (April 22,
2021), 86 FR 22471 (April 28, 2021) (SR-NYSEAMER-2021-23).
\15\ See Securities Exchange Act Release No. 92685 (August 17,
2021), 86 FR 47169 (August 23, 2021) (SR-FINRA-2021-019).
\16\ See Securities Exchange Act Release No. 92910 (September 9,
2021), 86 FR 51418 (September 15, 2021) (SR-NYSEAMER-2021-37).
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While there are signs of improvement, FINRA has determined that
much uncertainty remains for the coming months. The presence of the
Delta variant, dissimilar vaccination rates throughout the United
States, and the uptick in transmissions in many locations indicate that
COVID-19 remains an active and real public health concern.\17\ Due to
the uncertainty and the lack of a clear timeframe for a sustained and
widespread abatement of COVID-19-related health concerns and
corresponding restrictions,\18\ FINRA believes that there is a
continued need for temporary relief beyond December 31, 2021.\19\ On
December 7, 2021, FINRA accordingly filed to extend the expiration date
of the temporary rule amendments to, among other rules, FINRA Rule 9261
and 9830 from December 31, 2021, to March 31, 2022.\20\
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\17\ See Securities Exchange Act Release No. 93758 (December 13,
2021), 86 FR 71695 (December 17, 2021) (SR-FINRA-2021-031) (``SR-
FINRA-2021-031''). FINRA noted that, for example, President Joe
Biden on July 29, 2021, announced several measures to increase the
number of people vaccinated against COVID-19 and to slow the spread
of the Delta variant, including strengthening safety protocols for
federal government employees and contractors. See <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/29/factsheet-president-biden-to-announce-new-actions-to-get-more-americansvaccinated-and-slow-the-spread-of-the-delta-variant/">https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/29/factsheet-president-biden-to-announce-new-actions-to-get-more-americansvaccinated-and-slow-the-spread-of-the-delta-variant/</a>.
Thereafter, the Biden Administration announced on November 4, 2021,
details of two major vaccination policies to further help fight
COVID-19. See <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/04/factsheet-biden-administration-announces-details-of-two-major-vaccination-policies/">https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/04/factsheet-biden-administration-announces-details-of-two-major-vaccination-policies/</a>. Most recently, President
Biden announced several new actions to help protect Americans
against the Delta and Omicron variants. See <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/02/factsheet-president-biden-announces-new-actions-to-protect-americans-against-thedelta-and-omicron-variants-as-we-battle-covid-19-this-winter/">https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/02/factsheet-president-biden-announces-new-actions-to-protect-americans-against-thedelta-and-omicron-variants-as-we-battle-covid-19-this-winter/</a>. See SR-FINRA-2021-031, 86 FR at 71695, n. 6.
\18\ For instance, FINRA noted that the Centers for Disease
Control and Prevention (``CDC'') recently announced that the first
confirmed case of COVID-19 caused by the Omicron variant was
detected in the United States. See <a href="https://www.cdc.gov/media/releases/2021/s1201-omicron-variant.html">https://www.cdc.gov/media/releases/2021/s1201-omicron-variant.html</a>. The CDC also recommends
that fully vaccinated people wear a mask in public indoor settings
in areas of substantial or high transmission and noted that fully
vaccinated people might choose to wear a mask regardless of the
level of transmission, particularly if they are immunocompromised or
at increased risk for severe disease from COVID-19. See <a href="https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-guidance.html">https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-guidance.html</a>. Furthermore, as FINRA also noted, numerous states
currently have COVID-19 restrictions in place. Six states (Hawaii,
Illinois, Nevada, New Mexico, Oregon, and Washington) require most
people to wear masks in indoor public places regardless of
vaccination status, and three states (California, Connecticut, and
New York) have mask mandates in indoor public places for those
individuals who are unvaccinated. Several other states have mask
mandates in certain settings, such as healthcare facilities,
schools, and correctional facilities. See SR-FINRA-2021-031, 86 FR
at 71696, n. 7.
\19\ See SR-FINRA-2021-031, 86 FR at 71695-96.
\20\ See SR-FINRA-2021-031, 86 FR at 71695.
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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
American Rules 9261 and 9830 as set forth in SR-NYSEAMER-2020-69 from
December 31, 2021, to March 31, 2022.
As set forth in SR-FINRA-2021-031, while there are signs of
improvement, much uncertainty remains for the coming months. The
presence of the Delta variant, dissimilar vaccination rates throughout
the United States, and the uptick in transmissions in many locations
indicate that COVID-19 remains an active and real public health
concern.\21\ Due to the uncertainty and the lack of a clear timeframe
for a sustained and widespread abatement of COVID-19-related health
concerns and corresponding restrictions,\22\ FINRA believes that there
is a continued need for temporary relief beyond March 31, 2022.\23\
FINRA accordingly proposed to extend the expiration date of the
temporary rule amendments from December 31, 2021, to March 31, 2022.
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\21\ See note 17, supra.
\22\ See note 18, supra.
\23\ See SR-FINRA-2021-031, 86 FR at 71695.
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The Exchange proposes to similarly extend the expiration date of
the temporary rule amendments to NYSE American Rules 9261 and 9830 as
set forth in SR-NYSEAMER-2020-69 from December 31, 2021, to March 31,
2022. The Exchange agrees with FINRA that, while there are signs of
improvement, much uncertainty remains for the coming months. The
Exchange also agrees that, due to the uncertainty and the lack of a
clear timeframe for a sustained and widespread abatement of COVID-19-
related health concerns and corresponding restrictions, for the reasons
set forth in SR-FINRA-2021-031, there is a continued need for this
temporary relief beyond December 31, 2021. 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-2021-031, 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-2021-031, 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.\24\ The Exchange believes that this is a reasonable
procedure to continue to follow for hearings under Rules 9261 and 9830
chaired by a FINRA employee.
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\24\ See SR-FINRA-2021-031, 86 FR at 71695, n. 13.
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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,\25\ in general, and furthers the objectives of Section
6(b)(5),\26\ 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
[[Page 1827]]
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.\27\
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\25\ 15 U.S.C. 78f(b).
\26\ 15 U.S.C. 78f(b)(5).
\27\ 15 U.S.C. 78f(b)(7) & 78f(d).
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The Exchange believes that the proposed rule change supports 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-2021-031,
will permit the Exchange to continue to effectively conduct hearings
during the COVID-19 pandemic. Given the current and frequently changing
COVID-19 conditions and the uncertainty around when those conditions
will see meaningful, widespread and sustained improvement, 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 the SR-NYSEAMER-2020-69, 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 \28\ 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 SR-NYSEAMER-2020-69, provides
only temporary relief. As proposed, the changes would be in place
through March 31, 2022. As noted in SR-NYSEAMER-2020-69 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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\28\ 15 U.S.C. 78f(b)(7) & 78f(d).
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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 solely to provide continued temporary relief given the impacts
of the COVID-19 pandemic 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 the temporary amendments were to expire
on December 31, 2021.
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 \29\ and Rule 19b-4(f)(6) thereunder.\30\
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.
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\29\ 15 U.S.C. 78s(b)(3)(A)(iii).
\30\ 17 CFR 240.19b-4(f)(6).
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A proposed rule change filed under Rule 19b-4(f)(6) \31\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\32\ 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 the proposed rule change to extend the expiration date
will continue to prevent unnecessary impediments to its 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 the temporary amendments were to expire
on December 31, 2021.\33\ Importantly, the Exchange has also stated
that extending the relief provided in SR-NYSEAMER-2020-69 immediately
upon filing and without a 30-day operative delay will allow the
Exchange to continue critical adjudicatory and review processes in a
reasonable and fair manner and meet its critical investor protection
goals, while also following best practices with respect to the health
and safety of hearing participants.\34\ The Commission also notes that
this proposal extends without change the temporary relief previously
provided by SR-NYSEAMER-2020-69.\35\ As proposed, the changes would be
in place through March 31, 2022 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.\36\ For these
reasons, the Commission believes that waiver of the 30-day operative
delay for this proposal is consistent
[[Page 1828]]
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.\37\
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\31\ 17 CFR 240.19b-4(f)(6).
\32\ 17 CFR 240.19b-4(f)(6)(iii).
\33\ See supra Item II.
\34\ See SR-FINRA-2021-031 at 71698 (noting the same with
respect to the health and safety of FINRA employees in granting
FINRA's request to waive the 30-day operative delay so that SR-
FINRA-2021-031 would become operative immediately upon filing).
\35\ See supra note 4.
\36\ 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 March 31, 2022 it may submit a
separate rule filing to extend the effectiveness of the temporary
relief under these rules.
\37\ 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).
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At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \38\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\38\ 15 U.S.C. 78s(b)(2)(B).
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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
<bullet> Use the Commission's internet comment form (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#a9dbdcc5cc84cac6c4c4ccc7dddae9daccca87cec6df"><span class="__cf_email__" data-cfemail="2c5e594049014f4341414942585f6c5f494f024b435a">[email protected]</span></a>. Please include
File Number SR-NYSEAMER-2021-49 on the subject line.
Paper Comments
<bullet> Send paper comments in triplicate to: Secretary,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549-1090.
All submissions should refer to File Number SR-NYSEAMER-2021-49. 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 (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2021-49 and should be submitted
on or before February 2, 2022.
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\39\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\39\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-00379 Filed 1-11-22; 8:45 am]
BILLING CODE 8011-01-P
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