Notice2022-23085
Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Expiration Date of the Temporary Amendments Set Forth in SR-FINRA-2020-027 and the Temporary Amendments to FINRA Rule 9341(d) in SR-FINRA-2020-015
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
October 25, 2022
Issuing agencies
Securities and Exchange Commission
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 205 (Tuesday, October 25, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64526-64529]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23085]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-96107; File No. SR-FINRA-2022-029]
Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend the Expiration Date of the Temporary
Amendments Set Forth in SR-FINRA-2020-027 and the Temporary Amendments
to FINRA Rule 9341(d) in SR-FINRA-2020-015
October 19, 2022.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 17, 2022, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by the
Commission. 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\ 17 CFR 240.19b-4.
\3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
FINRA is proposing to extend the expiration date of the temporary
amendments set forth in SR-FINRA-2020-027 and the temporary amendments
to FINRA Rule 9341(d) in SR-FINRA-2020-015 from October 31, 2022, to
January 31, 2023.\4\ The proposed rule change would not make any
changes to the text of FINRA rules.
---------------------------------------------------------------------------
\4\ If FINRA seeks to provide additional temporary relief from
the rule requirements identified in this proposed rule change beyond
January 31, 2023, FINRA will submit a separate rule filing to
further extend the temporary extension of time. The amended FINRA
rules will revert to their original form at the conclusion of the
temporary relief period and any extension thereof.
---------------------------------------------------------------------------
The text of the proposed rule change is available on FINRA's
website at <a href="http://www.finra.org">http://www.finra.org</a>, at the principal office of FINRA and
at the Commission's Public Reference Room.
[[Page 64527]]
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
In response to the COVID-19 global health crisis and the
corresponding need to restrict in-person activities, FINRA filed
proposed rule changes, SR-FINRA-2020-015 and SR-FINRA-2020-027, which
respectively provide temporary relief from some timing, method of
service and other procedural requirements in FINRA rules and allow
FINRA's Office of Hearing Officers (``OHO'') and the National
Adjudicatory Council (``NAC'') 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. In July
2022, FINRA filed a proposed rule change, SR-FINRA-2022-018, to extend
the expiration date of the temporary amendments in both SR-FINRA-2020-
015 and SR-FINRA-2020-027 from July 31, 2022, to October 31, 2022.\5\
Due to the continued presence and uncertainty of COVID-19, FINRA
proposes to extend the expiration date of the temporary amendments in
SR-FINRA-2020-027 and the temporary amendments to FINRA Rule 9341(d) in
SR-FINRA-2020-015 from October 31, 2022, to January 31, 2023.\6\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 95281 (July 14,
2022), 87 FR 43335 (July 20, 2022) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2022-018).
\6\ In June 2022, the Commission approved FINRA's rule proposal
to make permanent the temporary amendments to the electronic service
and filing rules originally set forth in SR-FINRA-2020-015, with
some modifications, as described in the approval order. See
Securities Exchange Act Release No. 95147 (June 23, 2022), 87 FR
38803 (June 29, 2022) (Order Approving File No. SR-FINRA-2022-009).
Those amendments became effective on August 22, 2022. See Regulatory
Notice 22-16 (July 2022). In addition to the electronic service and
filing rules, SR-FINRA-2020-015 also included other temporary
amendments pertaining to certain adjudicatory and review processes.
All of these other temporary amendments expired on the effective
date of SR-FINRA-2022-009, except for the provisions to allow NAC
oral arguments by video conference (FINRA Rule 9341(d)).
---------------------------------------------------------------------------
Due to the public health concerns and restrictions resulting from
the outbreak of COVID-19, along with a corresponding backlog of
disciplinary cases,\7\ FINRA filed, and subsequently extended to
October 31, 2022, SR-FINRA-2020-027 \8\ to temporarily amend FINRA
Rules 1015, 9261, 9524, and 9830 to grant OHO and the NAC authority \9\
to conduct hearings in connection with appeals of Membership
Application Program decisions, disciplinary actions, eligibility
proceedings and temporary and permanent cease and desist orders by
video conference, if warranted by the COVID-19-related public health
risks posed by an in-person hearing.\10\
---------------------------------------------------------------------------
\7\ For example, FINRA began temporarily postponing in-person
hearings as a result of the COVID-19 impacts on March 16, 2020.
\8\ The same COVID-19 public health concerns and restrictions
led FINRA to file SR-FINRA-2020-015, which included the temporary
amendments to allow NAC oral arguments by videoconference. See
Securities Exchange Act Release No. 88917 (May 20, 2020), 85 FR
31832 (May 27, 2020) (Notice of Filing and Immediate Effectiveness
of File No. SR-FINRA-2020-015).
\9\ For OHO hearings under FINRA Rules 9261 and 9830, the
proposed rule change temporarily grants authority to the Chief or
Deputy Chief Hearing Officer to order that a hearing be conducted by
video conference. For NAC hearings under FINRA Rules 1015 and 9524,
this temporary authority is granted to the NAC or the relevant
Subcommittee. With respect to both OHO and NAC hearings, the
temporary authority of the adjudicator is discretionary, so in-
person hearings may continue to take place where safe and
appropriate.
\10\ See Securities Exchange Act Release No. 89737 (September 2,
2020), 85 FR 55712 (September 9, 2020) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2020-027); Securities
Exchange Act Release No. 90619 (December 9, 2020), 85 FR 81250
(December 15, 2020) (Notice of Filing and Immediate Effectiveness of
File No. SR-FINRA-2020-042); Securities Exchange Act Release No.
91495 (April 7, 2021), 86 FR 19306 (April 13, 2021) (Notice of
Filing and Immediate Effectiveness of File No. SR-FINRA-2021-006);
Securities Exchange Act Release No. 92685 (August 17, 2021), 86 FR
47169 (August 23, 2021) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2021-019); Securities Exchange
Act Release No. 93758 (December 13, 2021), 86 FR 71695 (December 17,
2021) (Notice of Filing and Immediate Effectiveness of File No. SR-
FINRA-2021-031); Securities Exchange Act Release No. 94430 (March
16, 2022), 87 FR 16262 (March 22, 2022) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2022-004); supra note
5.
---------------------------------------------------------------------------
Although there has been a downward trend in the number of COVID-19
cases since FINRA filed SR-FINRA-2022-018 in July 2022, FINRA believes
there is a continued need for temporary relief beyond October 31, 2022.
In this regard, FINRA notes 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,\11\ 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.\12\ 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
\13\ and the dissimilar vaccination rates (completed primary series and
a first booster dose) throughout the United States.\14\
---------------------------------------------------------------------------
\11\ See CDC, COVID Data Tracker--Trends in Number of COVID-19
Cases and Deaths in the US Reported to CDC, by State/Territory,
<a href="https://covid.cdc.gov/covid-data-tracker/#trends_dailydeaths_select_00">https://covid.cdc.gov/covid-data-tracker/#trends_dailydeaths_select_00</a> (last visited Oct. 11, 2022).
\12\ See CDC, COVID Data Tracker--COVID-19 Integrated County
View, <a href="https://covid.cdc.gov/covid-data-tracker/#county-view?list_select_state=all_states&list_select_county=all_counties&data-type=CommunityLevels&null=CommunityLevels">https://covid.cdc.gov/covid-data-tracker/#county-view?list_select_state=all_states&list_select_county=all_counties&data-type=CommunityLevels&null=CommunityLevels</a> (last visited Oct. 11,
2022).
\13\ These new Omicron variants include BA.4.6, BF.7, and
BA.2.75. See CDC, COVID Data Tracker--Variant Proportions, <a href="https://covid.cdc.gov/covid-data-tracker/#variant-proportions">https://covid.cdc.gov/covid-data-tracker/#variant-proportions</a> (last visited
Oct. 11, 2022).
\14\ A state-by-state comparison of vaccination rates is
available at <a href="https://covid.cdc.gov/covid-data-tracker/#vaccinations_vacc-people-additional-dose-totalpop">https://covid.cdc.gov/covid-data-tracker/#vaccinations_vacc-people-additional-dose-totalpop</a>.
---------------------------------------------------------------------------
In addition, as set forth in the previous filings, FINRA relies on
the guidance of its health and safety consultant, in conjunction with
COVID-19 data and guidance issued by public health authorities, to
determine whether the current public health risks presented by an in-
person hearing may warrant a hearing by video conference.\15\ FINRA
strives to hold in-person hearings when it is safe to do so, but
because FINRA conducts hearings at locations throughout the United
States, FINRA believes that it may be difficult to conduct in-person
hearings at certain locations based on that data and guidance.
---------------------------------------------------------------------------
\15\ As noted in SR-FINRA-2020-027, the temporary proposed rule
change grants discretion to OHO and the NAC to order a video
conference hearing. In deciding whether to schedule a hearing by
video conference, OHO and the NAC may consider a variety of other
factors in addition to COVID-19 trends. In SR-FINRA-2020-027, FINRA
provided a non-exhaustive list of other factors OHO and the NAC 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.
---------------------------------------------------------------------------
As a result, FINRA believes there will be a continued need for
temporary relief beyond October 31, 2022. Accordingly, FINRA proposes
to extend the expiration date of the temporary amendments originally
set forth in SR-FINRA-2020-027 and the temporary
[[Page 64528]]
amendments to FINRA Rule 9341(d) in SR-FINRA-2020-015 from October 31,
2022, to January 31, 2023.\16\ As previously noted, FINRA strives to
hold in-person hearings when it is safe to do so and the extension of
temporary relief therefore does not mean a video conference hearing
will be ordered in every case.\17\ Given the uncertainty regarding
COVID-19, however, the extension of these temporary amendments allowing
for specified OHO and NAC hearings to proceed by video conference will
ensure that FINRA's critical adjudicatory functions continue to operate
effectively in these circumstances--enabling FINRA to fulfill its
statutory obligations to protect investors and maintain fair and
orderly markets--while also protecting the health and safety of hearing
participants.\18\
---------------------------------------------------------------------------
\16\ See supra note 5.
\17\ In fact, FINRA began to hold in-person hearings at a single
location last year. In July 2021 FINRA held its first in-person
hearing since the temporary amendments were implemented. A
subsequent surge in case numbers for the Delta variant of the COVID-
19 virus caused FINRA's outside health and safety consultant to
recommend in early August 2021 against in-person hearings.
Accordingly, the Chief Hearing Officer converted hearings scheduled
after mid-September 2021 from in-person to video conference on a
case-by-case basis. In July 2022 FINRA scheduled another in-person
hearing but shortly before it began the parties jointly requested
that the hearing be conducted via video conference instead, and the
Chief Hearing Officer used her discretion to order that the hearing
be conducted by video conference.
\18\ Since the temporary amendments were implemented, OHO and
the NAC have conducted several hearings by video conference. As of
October 10, 2022, OHO has conducted 17 disciplinary hearings by
video conference (decisions have been issued in all of these cases).
In six of these disciplinary hearings, all of the parties agreed to
proceed by video conference; the other 11 were ordered to proceed by
video conference by the Chief Hearing Officer. OHO currently has
hearings scheduled in five additional disciplinary matters. No
determination has yet been made regarding whether these five
hearings will be in-person or by video conference. Also, as of
October 10, 2022, the NAC, through the relevant Subcommittee, has
conducted 16 oral arguments by video conference in connection with
appeals of FINRA disciplinary proceedings pursuant to FINRA Rule
9341(d), as temporarily amended. Furthermore, the NAC has conducted
via video conference a one-day evidentiary hearing in a membership
application proceeding pursuant to FINRA Rule 1015, as temporarily
amended. The NAC also has conducted via video conference three
evidentiary hearings in eligibility matters pursuant to FINRA Rule
9524, as temporarily amended.
---------------------------------------------------------------------------
FINRA 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 FINRA can implement the proposed rule change
immediately.
2. Statutory Basis
FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\19\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change is also
consistent with Section 15A(b)(8) of the Act,\20\ which requires, among
other things, that FINRA rules provide a fair procedure for the
disciplining of members and persons associated with members.
---------------------------------------------------------------------------
\19\ 15 U.S.C. 78o-3(b)(6).
\20\ 15 U.S.C. 78o-3(b)(8).
---------------------------------------------------------------------------
The proposed rule change, which extends the expiration date of the
temporary amendments to FINRA rules set forth in SR-FINRA-2020-027 and
the temporary amendments to FINRA Rule 9341(d) in SR-FINRA-2020-015,
will continue to aid FINRA's efforts to timely conduct hearings in
connection with its core adjudicatory functions. 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 and NAC
hearings to proceed by video conference, FINRA might be required to
postpone some or almost all hearings for a significant period of time.
FINRA must be able to perform its critical adjudicatory functions to
fulfill its statutory obligations to protect investors and maintain
fair and orderly markets. As such, this relief is essential to FINRA's
ability to fulfill its statutory obligations and allows hearing
participants to avoid the COVID-19-related health and safety risks
associated with in-person hearings.
Among other things, this relief will allow OHO to conduct temporary
cease and desist proceedings by video conference so that FINRA can take
immediate action to stop ongoing customer harm and will allow the NAC
to timely provide members, disqualified individuals and other
applicants an approval or denial of their applications. As set forth in
detail in the original filings, this temporary relief allowing OHO and
NAC hearings to proceed by video conference accounts for fair process
considerations and will continue to provide fair process while avoiding
the COVID-19-related public health risks for hearing participants.
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
FINRA does not believe that the temporary proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As set forth in
SR-FINRA-2020-027 and, with respect to FINRA Rule 9341(d), in SR-FINRA-
2020-015, the proposed rule change is intended solely to extend
temporary relief necessitated by the continued presence of COVID-19 and
the related health and safety risks of conducting in-person activities.
FINRA believes that the proposed rule change will prevent unnecessary
impediments to FINRA's 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 October 31, 2022.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \21\ and Rule 19b-
4(f)(6) thereunder.\22\
---------------------------------------------------------------------------
\21\ 15 U.S.C. 78s(b)(3)(A).
\22\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a
shorter time if such action is consistent with the protection of
investors and the public interest. As FINRA requested in connection
with SR-FINRA-2020-015 and related extensions,\23\ FINRA has also asked
the
[[Page 64529]]
Commission to waive the 30-day operative delay so that this proposed
rule change may become operative immediately upon filing.
---------------------------------------------------------------------------
\23\ See SR-FINRA-2020-015, 85 FR 31836. Although FINRA did not
request that the Commission waive the 30-day operative delay for SR-
FINRA-2020-027, FINRA did request that the Commission waive the 30-
day operative delay for SR-FINRA-2020-042, SR-FINRA-2021-006, SR-
FINRA-2021-019, SR-FINRA-2021-031, SR-FINRA-2022-004, and SR-FINRA-
2022-018 which extended the expiration date of the temporary
amendments originally set forth in SR-FINRA-2020-027.
---------------------------------------------------------------------------
FINRA has indicated that extending the relief provided originally
in SR-FINRA-2020-015 and SR-FINRA-2020-027 will continue to provide
FINRA the ability to safely conduct hearings in connection with its
core functions during the COVID-19 outbreak. Importantly, extending the
relief provided in these prior rule changes immediately upon filing and
without a 30-day operative delay will allow FINRA 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 its employees.\24\
The Commission also notes that this proposal, like SR-FINRA-2020-015
and SR-FINRA-2020-027, provides only temporary relief during the period
in which FINRA's operations are impacted by COVID-19. As proposed, the
changes would be in place through January 31, 2023.\25\ FINRA also
noted in both SR-FINRA-2020-015 and SR-FINRA-2020-027 that the amended
rules will revert back to their original state at the conclusion of the
temporary relief period and, if applicable, any extension thereof.\26\
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.\27\
---------------------------------------------------------------------------
\24\ See supra Item II.A.1; see also SR-FINRA-2020-015, 85 FR
31833.
\25\ As noted above, see supra note 4, FINRA stated 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.
\26\ See SR-FINRA-2020-015, 85 FR 31833; see also SR-FINRA-2020-
027, 85 FR 55712.
\27\ 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 the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule 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
<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#186a6d747d357b7775757d766c6b586b7d7b367f776e"><span class="__cf_email__" data-cfemail="e391968f86ce808c8e8e868d9790a3908680cd848c95">[email protected]</span></a>. Please include
File Number SR-FINRA-2022-029 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-FINRA-2022-029. 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 such filing also will be available for inspection
and copying at the principal office of FINRA. 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-FINRA-2022-029 and should be submitted
on or before November 15, 2022.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
---------------------------------------------------------------------------
\28\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-23085 Filed 10-24-22; 8:45 am]
BILLING CODE 8011-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 25, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.