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Notice2022-17667

Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Harmonize Rules 10.9261 and 10.9830 With Recent Changes by the Financial Industry Regulatory Authority, Inc.

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Published

August 17, 2022

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 87 Issue 158 (Wednesday, August 17, 2022)</title>
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[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Notices]
[Pages 50680-50684]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17667]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95477; File No. SR-NYSECHX-2022-19]

Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Harmonize
Rules 10.9261 and 10.9830 With Recent Changes by the Financial Industry
Regulatory Authority, Inc.

August 11, 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 July 29, 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.
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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 to harmonize Rules 10.9261 and 10.9830 with
recent changes by the Financial Industry Regulatory Authority, Inc.
(``FINRA'') that 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 novel coronavirus (``COVID-19'') pandemic.
As proposed, these temporary amendments would be in effect through
October 31, 2022. 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 to harmonize Rules 10.9261 (Evidence and
Procedure in Hearing) and 10.9830 (Hearing) with recent changes by
FINRA to its Rules 9261 and 9830 that temporarily grants 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. As
proposed, these temporary amendments would be in effect through October
31, 2022.\4\
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\4\ 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 October 31, 2022. The amended NYSE Chicago
rules will revert back to their original [current] [sic] 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

[[Page 50681]]

8000 Series and Rule 9000 Series, and which set forth rules for
conducting investigations and enforcement actions.\5\
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\5\ 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.\6\
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\6\ 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.\7\
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\7\ 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.\8\ 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.\9\
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\8\ See Initial FINRA Filing, 85 FR at 55713.
\9\ 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.\10\ According to FINRA, even though
it has been more than two years since the World Health Organization
declared COVID-19 a pandemic, uncertainty still remains around this
disease. The continued presence of COVID-19 variants including the
quickly emerging Omicron BA.4 and BA.5 subvariants, dissimilar
vaccination rates throughout the United States, and the current medium
to high COVID-19 community levels in many states indicate that COVID-19
remains an active and real public health concern.\11\
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\10\ See, e.g., Securities Exchange Act Release No. 94430 (March
16, 2022), 87 FR 16262 (March 22, 2022) (SR-FINRA-2022-004) (most
recent extension of temporary relief until July 31, 2022).
\11\ See Securities Exchange Act Release No. 95281 (July 14,
2022), 87 FR 43335 (July 20, 2022) (SR-FINRA-2022-018) (``SR-FINRA-
2022-018''). FINRA noted that, for example, there has been a notable
upward trend in the number of daily COVID-19 cases in the United
States since April 1, 2022. See <a href="https://covid.cdc.gov/covid-data-tracker/#trends_dailycases">https://covid.cdc.gov/covid-data-tracker/#trends_dailycases</a>. In addition, on June 9, 2022, the Biden
Administration announced its operational plan for COVID-19
vaccinations for children under the age of five. See <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/09/fact-sheetbiden-administration-announces-operational-plan-for-covid-19-vaccinations-for-children-under-5/">https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/09/fact-sheetbiden-administration-announces-operational-plan-for-covid-19-vaccinations-for-children-under-5/</a>. See SR-FINRA-2022-018, 87 FR
at 43335, n. 6.
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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,\12\ FINRA believes that there is a
continued need for temporary relief beyond its most recent extension
until July 31, 2022.\13\ On July 8, 2022, FINRA accordingly filed to
extend the expiration date of the temporary rule amendments to, among
other rules, FINRA Rule 9261 and 9830 from July 31, 2022, to October
31, 2022.\14\
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\12\ For instance, FINRA noted that the Centers for Disease
Control and Prevention (``CDC'') recommends that people wear a mask
in public indoor settings in areas with a high COVID-19 community
level regardless of vaccination status or individual risk. See
<a href="https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-coverings.html">https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-coverings.html</a>. The CDC also recommends that people wear
a mask in indoor areas of public transportation and transportation
hubs to protect themselves and those around them and help keep
travel and public transportation safer for everyone. See <a href="https://www.cdc.gov/coronavirus/2019-ncov/travelers/masks-public-transportation.html">https://www.cdc.gov/coronavirus/2019-ncov/travelers/masks-public-transportation.html</a>. Furthermore, numerous states currently have
mask mandates in certain settings, such as healthcare and
correctional facilities. See SR-FINRA-2022-018, 87 FR at 43335, n.
7.
\13\ See SR-FINRA-2022-018, 87 FR at 43335.
\14\ See SR-FINRA-2022-018, 87 FR at 43335-36.
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Pursuant to a regulatory services agreement (``RSA''), FINRA's
Office of Hearing Officers will administer all aspects of
adjudications, including assigning hearing officers to serve as NYSE
Chicago hearing officers. A hearing officer from OHO will, among other
things, preside over the disciplinary hearing, select and chair the
hearing panel, and prepare and issue written decisions. The Chief or
Deputy Hearing Officer for all Exchange disciplinary hearings are
currently drawn from OHO and are all FINRA employees. The Exchange
believes that OHO will utilize the same video conference protocol and
processes for Exchange matters under the RSA as it proposes for FINRA
matters.
Given that FINRA and its Office of Hearing Officers administers
disciplinary hearings on the Exchange's behalf, and given that the
public health concerns addressed by FINRA's amendments apply equally to
the Exchange's disciplinary hearings, the Exchange proposes to
temporarily amend its disciplinary rules to allow FINRA to conduct
virtual hearings on its behalf.
Proposed Rule Change
Rule 10.9261(b) states that if a disciplinary hearing is held, a
party shall be entitled to be heard in-person, by counsel, or by the
party's representative. Absent an agreement by all parties to proceed
in another manner, an Exchange disciplinary hearings are in-person. As
noted, the Chief and Deputy Hearing Officers for all Exchange and
cross-market matters are supplied by OHO and are FINRA employees.
Accordingly, absent an agreement by all parties to proceed in another
manner, under Rule 10.9261(b) the Chief or Deputy Hearing Officer
conducts disciplinary hearings in-person.
Similarly, Rule 10.9830 outlines the requirements for hearings for
temporary and permanent cease and desist orders. Rule 10.9830(a),
however, does not specify that a party shall be entitled to be heard
in-person, by counsel, or by the party's representative.
Consistent with FINRA's temporary amendment to FINRA Rules 9261 and
9830, the Exchange proposes to temporarily grant the Chief or Deputy
Chief Hearing Officer temporary authority to order, upon consideration

[[Page 50682]]

of the current COVID-19-related public health risks presented by an in-
person hearing, that a hearing under those rules be conducted by video
conference. The proposed change will permit OHO to make an assessment,
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, FINRA has adopted a
detailed and thorough protocol to ensure that hearings conducted by
video conference will maintain fair process for the parties.\15\ The
Exchange believes that this is a reasonable procedure to follow in
hearings under Rules 10.9261 and 10.9830 chaired by a FINRA
employee.\16\
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\15\ See Initial FINRA Filing, 85 FR at 55713.
\16\ The Exchange notes, as did FINRA, that SEC's Rules of
Practice pertaining to temporary cease-and-desist orders provide
that parties and witnesses may participate by telephone or, in the
Commission's discretion, through the use of alternative technologies
that allow remote access, such as a video link. See SEC Rule of
Practice 511(d)(3); Comment (d); see Initial FINRA Filing, 85 FR at
55714, n. 21.
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To effectuate these changes, the Exchange proposes to add the
following sentence to Rule 10.9261(b):

Upon consideration of the current public health risks presented
by an in-person hearing, the Chief Hearing Officer or Deputy Chief
Hearing Officer may, on a temporary basis, determine that the
hearing shall be conducted, in whole or in part, by video
conference.

The proposed text is identical to the language adopted by
FINRA.\17\
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\17\ See Initial FINRA Filing, 85 FR at 55712.
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Similarly, the Exchange proposes to add the following text to Rule
10.9830(a):

Once again, the proposed language is identical to the language
adopted by FINRA.\18\
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\18\ Id.
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Consistent with FINRA's most recent filing, the Exchange proposes
that these temporary amendments would be in effect through October 31,
2022.\19\
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\19\ See SR-FINRA-2022-018, 87 FR at 43337. See supra note 4.
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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,\20\ in general, and furthers the objectives of Section
6(b)(5),\21\ 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.\22\
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\20\ 15 U.S.C. 78f(b).
\21\ 15 U.S.C. 78f(b)(5).
\22\ 15 U.S.C. 78f(b)(7) and 78f(d).
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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 previously
noted, the text of Rule 10.9261 and Rule 10.9830 is substantially the
same as FINRA's rule. 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 Exchange believes that the proposed temporary rule change will
permit the Exchange to effectively conduct hearings during the COVID-19
pandemic in situations where in-person hearings present likely public
health risks. 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 thereby
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 proceed without delay,
thereby enabling the Exchange to take immediate action to stop
significant, ongoing customer harm, to the benefit of the investing
public.
Conducting hearings via video conference will give the parties and
adjudicators simultaneous visual and oral communication without the
risks inherent in physical proximity during a pandemic. Temporarily
permitting hearings for disciplinary matters to proceed by video
conference maintains fair process by providing respondents a timely
opportunity to address and potentially resolve any allegations of
misconduct.
As noted, FINRA will use a high quality, secure video conferencing
technology with features that will allow the parties to reasonably
approximate those tasks that are typically performed at an in-person
hearing, such as sharing documents, marking documents, and utilizing
breakout rooms. FINRA will also provide training for participants on
how to use the video conferencing platform and detailed guidance on the
procedures that will govern such hearings. Moreover, the Chief or
Deputy Chief Hearing Officer may take into consideration, among other
things, a hearing participant's access to connectivity and technology
in scheduling a video conference hearing and can also, at their
discretion, allow a party or witness to participate by telephone, if
necessary, to address such access issues.\23\
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\23\ See text accompanying note 8, supra.
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The Exchange believes that 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 \24\ 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
provides only temporary relief, which would be in place through October
31, 2022. As noted in herein (see supra note 4), the amended rules will
revert back to their original state at the conclusion of the temporary
relief

[[Page 50683]]

period and, if applicable, any extension thereof.
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\24\ 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 temporary relief given the impacts of the
COVID-19 pandemic and the related health and safety risks of conducting
in-person activities. In the Initial FINRA Filing, FINRA provides an
abbreviated economic impact assessment maintaining that the changes are
necessary to temporarily rebalance the attendant benefits and costs of
the obligations under FINRA Rules 1015, 9261, 9524 and 9830 in response
to the impacts of the COVID-19 pandemic that is equally applicable to
the changes the Exchange proposes.\25\ The Exchange accordingly
incorporates FINRA's abbreviated economic impact assessment by
reference. 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 not in place.
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\25\ See Initial FINRA Filing, 85 FR at 55716.
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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 \26\ and Rule 19b-4(f)(6) thereunder.\27\
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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\26\ 15 U.S.C. 78s(b)(3)(A)(iii).
\27\ 17 CFR 240.19b-4(f)(6).
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A proposed rule change filed under Rule 19b-4(f)(6) \28\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\29\ 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 proposal would provide greater harmonization between
Exchange rules and FINRA rules of similar purpose, resulting in less
burdensome and more efficient regulatory compliance at a time when the
health risks of in-person hearings are significant. 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.\30\ As proposed, the temporary changes would
be in place through October 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.\31\ 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.\32\
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\28\ 17 CFR 240.19b-4(f)(6).
\29\ 17 CFR 240.19b-4(f)(6)(iii).
\30\ See 87 FR 43335, at 43337-38 (noting the same in granting
FINRA's request to waive the 30-day operative delay so that SR-
FINRA-2022-018 would become operative immediately upon filing).
\31\ See supra note 4. As noted above, the Exchange states that
if it requires temporary relief from the rule requirements
identified in this proposal beyond October 31, 2022, it may submit a
separate rule filing to extend the effectiveness of the temporary
relief under these rules.
\32\ 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) \33\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\33\ 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#1765627b723a74787a7a727963645764727439707861"><span class="__cf_email__" data-cfemail="e391968f86ce808c8e8e868d9790a3908680cd848c95">[email&#160;protected]</span></a>. Please include
File Number SR-NYSECHX-2022-19 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-NYSECHX-2022-19. 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

[[Page 50684]]

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-2022-19 and should be submitted
on or before September 7, 2022.

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
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\34\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-17667 Filed 8-16-22; 8:45 am]
BILLING CODE 8011-01-P

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