Notice2023-27404
Self-Regulatory Organizations; NYSE National, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Harmonize Rules 10.9261 and 10.9830
Primary source
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Published
December 14, 2023
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 88 Issue 239 (Thursday, December 14, 2023)</title>
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[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86689-86693]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27404]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-99127; File No. SR-NYSENAT-2023-28]
Self-Regulatory Organizations; NYSE National, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Harmonize
Rules 10.9261 and 10.9830
December 8, 2023.
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 November 27, 2023, NYSE National, Inc. (``NYSE National'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the
[[Page 86690]]
proposed rule change as described in Items I, II, and III 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 allow for video conference hearings under specified
conditions. 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
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 allow for video conference
hearings under specified conditions.
Background
In 2018, NYSE National adopted disciplinary rules modeled on the
disciplinary rules of its affiliate NYSE American LLC and the FINRA
Rule 8000 Series and Rule 9000 Series, and which set forth rules for
conducting investigations and enforcement actions.\4\
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\4\ See Securities Exchange Act Release Nos. 83289 (May 17,
2018), 83 FR 23968, 23976 (May 23, 2018) (SR-NYSENAT-2018-02)
(``2018 Approval Order'').
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In adopting disciplinary rules modeled on FINRA's rules, NYSE
National 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 is identical to the
counterpart FINRA rule. Rule 10.9830 is also identical to FINRA's
counterpart rule, except for conforming and technical amendments.\5\
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\5\ See id.
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In 2020, given the 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 FINRA Rules 9261 and 9830.\6\
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\6\ See Securities Exchange Act Release Nos. 83289 (September 2,
2020), 85 FR 55712 (September 9, 2020) (SR-FINRA-2020-027). 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. 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 9524, if the
Chief Regulatory Officer rejects the application, the member
organization 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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In its filing, FINRA represented that its protocol for conducting
hearings by video conference would ensure that such hearings maintain a
fair process for the parties by, among other things, FINRA's use of a
high quality, secure and user-friendly video conferencing service and
provision of thorough instructions, training and technical support to
all hearing participants.\7\ According to FINRA, the 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.\8\
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\7\ See 85 FR at 55713.
\8\ See id.
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Given that FINRA and OHO administer disciplinary hearings on the
Exchange's behalf pursuant to a regulatory services agreement
(``RSA''),\9\ and that the public health concerns addressed by FINRA's
amendments applied equally to the Exchange's disciplinary hearings, in
2020 the Exchange also temporarily amended its disciplinary rules to
allow virtual hearings.\10\ Both FINRA \11\ and the Exchange \12\
extended the temporary relief several times due to the continuing
public health risks and logistical challenges related to COVID-19,
including whether hearing participants could safely travel and abide by
state or local quarantine requirements. The Exchange's temporary
amendments to Rules 10.9261 and 10.9830 expired on April 30, 2023.\13\
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\9\ FINRA's OHO administers all aspects of Exchange
adjudications, including assigning hearing officers to serve as NYSE
National 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.
\10\ See Securities Exchange Act Release No. 90137 (October 8,
2020), 85 FR 65087 (October 14, 2020) (SR-NYSENAT-2020-31).
\11\ See Securities Exchange Act Release No. 90619 (December 9,
2020), 85 FR 81250 (December 15, 2020) (SR-FINRA-2020-042);
Securities Exchange Act Release No. 91495 (April 7, 2021), 86 FR
19306 (April 13, 2021) (SR-FINRA-2021-006); Securities Exchange Act
Release No. 92685 (August 17, 2021), 86 FR 47169 (August 23, 2021)
(SR-FINRA-2021-019); Securities Exchange Act Release No. 93758
(December 13, 2021), 86 FR 71695 (December 17, 2021) (SR-FINRA-2021-
31); Securities Exchange Act Release No. 94430 (March 16, 2022), 87
FR 16262 (March 22, 2022) (SR-FINRA-2022-004); Securities Exchange
Act Release No. 95281 (July 14, 2022), 87 FR 43335 (July 20, 2022)
(SR-FINRA-2022-018); Securities Exchange Act Release No. 96107
(October 19, 2022), 87 FR 64526 (October 25, 2022) (SR-FINRA-2022-
029); and Securities Exchange Act Release No. 96746 (January 25,
2023), 88 FR 6346 (January 31, 2023) (SR-FINRA-2023-001).
\12\ See Securities Exchange Act Release No. 90822 (December 30,
2020), 86 FR 627 (January 6, 2021) (SR-NYSENAT-2020-39); Securities
Exchange Act Release No. 91634 (April 22, 2021), 86 FR 22477 (April
28, 2021) (SR-NYSENAT-2021-11); Securities Exchange Act Release No.
92908 (September 9, 2021), 86 FR 51424 (September 15, 2021) (SR-
NYSENAT-2021-16); Securities Exchange Act Release No. 93919 (January
6, 2022), 87 FR 1804 (January 12, 2022) (SR-NYSENAT-2021-25);
Securities Exchange Act Release No. 94662 (April 11, 2022), 87 FR
22601 (April 15, 2022) (SR-NYSENAT-2022-03); Securities Exchange Act
Release No. 95476 (August 11, 2022), 87 FR 50668 (August17, 2022)
(SR-NYSENAT-2022-14); Securities Exchange Act Release No. 96262
(November 8, 2022), 87 FR 68540 (November 15, 2022) (SR-NYSENAT-
2022-24); and Securities Exchange Act Release No. 96868 (February 9,
2023), 88 FR 9930 (February 15, 2023) (SR-NYSENAT-2023-006).
\13\ See Securities Exchange Act Release No. 96868 (February 9,
2023), 88 FR 9930 (February 15, 2023) (SR-NYSENAT-2023-006)
(extending the expiration date of the temporary rule amendments to,
among other rules, FINRA Rules 9261 and 9830 from January 31, 2023
to April 30, 2023). The temporary amendments expired on April 30,
2023, because the Exchange did not file another proposed rule change
again extending the temporary amendments beyond that date. See id.
at 9931.
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[[Page 86691]]
Recently, the Commission approved FINRA's proposal to make the
temporary amendments regarding video conference hearings permanent,
with some modifications, to permit the use of video conferences for
reasons beyond COVID-19.\14\ Specifically, FINRA amended, among other
rules, FINRA Rules 9261 and 9830 to extend OHO's authority to order
hearings by video conference to other similar situations in which
proceeding in person could endanger the health or safety of the
participant or alternatively would be impracticable (e.g., an uncommon
situation or extraordinary circumstances such as a natural disaster or
terrorist attack that caused travel to be cancelled for an extended
period of time).\15\ As approved, OHO has discretion to determine
whether the circumstances for a video hearing have been met and can act
quickly if a future unexpected event impairs their ability to conduct
in-person hearings safely.\16\ In addition, OHO has authority to order
hearings to occur by video conference based on a motion, which was not
permitted under the previous temporary amendments to FINRA Rules 9261
and 9830.\17\
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\14\ See Securities Exchange Act Release Nos. 98029 (August 4,
2023), 88 FR 51879 (August 4, 2023) (SR-FINRA-2023-008) (Order
Approving a Proposed Rule Change To Amend FINRA Rules 1015, 9261,
9341, 9524, 9830 and Funding Portal Rule 900 (Code of Procedure) To
Permit Hearings Under Those Rules To Be Conducted by Video
Conference) (``FINRA Approval Order'').
\15\ See FINRA Approval Order, 88 FR at 51880.
\16\ See id.
\17\ See id.
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As the FINRA Approval Order noted, FINRA represented that it will
utilize the same protocols for conducting video conference hearings as
those employed under the temporary amendments, including using a high
quality, secure, user-friendly video conferencing service and providing
thorough instructions, training, and technical support to all hearing
participants.\18\ In addition, the FINRA Approval Order noted that,
according to FINRA, the parties could file a joint motion requesting
the hearing to occur, in whole or in part, by video conference based on
a showing of good cause. In-person hearings, however, would remain the
default method for conducting hearings.\19\
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\18\ See id.
\19\ See id.
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Further, as noted in the FINRA Approval Order, given the nature of
evidentiary hearings,\20\ which often occur over multiple days and
generally include numerous documents in evidence and witness testimony,
motions for a hearing by video conference would need to be joined by
all parties, and even joint motions could be denied if the adjudicator
determines that good cause has not been shown.\21\ According to FINRA,
OHO would have reasonable discretion based on a joint motion of the
parties to exercise its authority to determine whether a hearing should
occur by video conference under the proposed rule change.\22\ Moreover,
in deciding whether to schedule a hearing by video conference, OHO
could consider and balance a variety of factors including, for example
and without limitation, a hearing participant's individual health
concerns and access to the connectivity and technology necessary to
participate in a video conference hearing. Additionally, as noted
above, OHO may consider whether a situation is uncommon or there are
extraordinary circumstances.\23\
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\20\ As used herein, ``evidentiary hearings'' refers to hearings
conducted before OHO under Rules 10.9261 and 10.9830. See id., 88 FR
at 51880, n. 25.
\21\ See id. at 51881.
\22\ See id.
\23\ See text accompanying note 15, supra.
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Finally, the FINRA Approval Order noted that for approximately two
and a half years, while the temporary amendments were in effect, OHO
successfully conducted numerous hearings by video conference using
Zoom, a system which was vetted by FINRA's information technology
staff.\24\ FINRA stated that this use of video conference technology
has been an effective and efficient alternative to in-person
hearings.\25\
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\24\ See FINRA Approval Order, 88 FR at 51880.
\25\ See id.
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As discussed below, the Exchange proposes to delete the temporary
rule text in Rule 10.9261 and Rule 10.9830 permitting video conferences
that expired earlier this year and replace it with rule text based on
FINRA's recently approved amendments to its Rules 9261 and 9830
permitting video conference hearings under specified conditions.
Proposed Rule Change
NYSE National Rule 10.9261(b) provides 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. Similarly, NYSE National
Rule 10.9830 outlines the requirements for hearings for temporary and
permanent cease and desist orders. NYSE National 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 that
expired earlier this year, both NYSE National rules temporarily granted
the Chief or Deputy Chief Hearing Officer temporary authority to order,
upon consideration of COVID-19-related public health risks presented by
an in-person hearing, that a hearing under those rules be conducted by
video conference.
The Exchange proposes to delete the temporary amendments to Rules
10.9261 and 10.9830 and conform these rules to FINRA Rules 9261 and
9830 as recently amended. The Exchange would add text to the rules
permitting the Chief or Deputy Chief Hearing Officer to order the
hearing to be conducted in whole or in part by video conference
consistent with the FINRA Approval Order either based upon an
assessment that proceeding in person may endanger the health or safety
of the participants or would be impracticable or upon consideration of
a joint motion of the parties for good cause shown. As noted, FINRA has
adopted a detailed and thorough protocol to ensure that hearings
conducted by video conference will maintain a fair process for the
parties.\26\ Moreover, the proposed rule change would modernize
existing procedures and allow parties who jointly prefer video
conference to potentially save travel costs and time. As proposed, the
use of video conferences would be limited and controlled, and in-person
hearings would continue to be the default method for conducting
hearings.\27\ Furthermore, the proposed rule includes procedural
safeguards to ensure fairness, such as the requirement for evidentiary
hearings that any motions be joined by all parties and show good
cause.\28\ 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.
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\26\ See text accompanying notes 7 & 18, supra.
\27\ See FINRA Approval Order, 88 FR at 51882.
\28\ See id.
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To effectuate these changes, the Exchange proposes to add the
following deletions (bracketed) and additions (italicized) to Rule
10.9261(b):
If a hearing is held, a Party shall be entitled to be heard in
person, by counsel, or by the Party's representative. [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.]Upon a
determination that proceeding in person may endanger the health or
safety of the participants or would be impracticable, or upon
consideration of a joint motion of the Parties for good cause shown,
the Chief Hearing Officer or Deputy Chief Hearing
[[Page 86692]]
Officer may, in the exercise of reasonable discretion, order the
hearing to be conducted, in whole or in part, by video conference.
The proposed text is identical to the language adopted by
FINRA.\29\
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\29\ See Exchange Act Release No. 97403 (May 4, 2023), 88 FR
28645 (May 4, 2023) (File No. SR-FINRA-2023-008) (Notice of Filing
of a Proposed Rule Change To Amend FINRA Rules 1015, 9261, 9341,
9524, 9830 and Funding Portal Rule 900 (Code of Procedure) To Permit
Hearings Under Those Rules To Be Conducted by Video Conference).
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Similarly, the Exchange proposes the following deletions and
additions to Rule 10.9830(a):
The hearing shall be held not later than 15 days after service
of the notice and filing initiating the temporary cease and desist
proceeding, unless otherwise extended by the Chief Hearing Officer
or Deputy Chief Hearing Officer for good cause shown. If a Hearing
Officer or Hearing Panelist is recused or disqualified, the hearing
shall be held not later than five days after a replacement Hearing
Officer or Hearing Panelist is appointed. [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.]Upon a determination that
proceeding in person may endanger the health or safety of the
participants or would be impracticable, or upon consideration of a
joint motion of the Parties for good cause shown, the Chief Hearing
Officer or Deputy Chief Hearing Officer may, in the exercise of
reasonable discretion, order the hearing to be conducted, in whole
or in part, by video conference.
Once again, the proposed language is identical to the language
adopted by FINRA.\30\
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\30\ See id.
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2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Act,\31\ in general, and furthers the objectives of Section
6(b)(5),\32\ 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.\33\
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\31\ 15 U.S.C. 78f(b).
\32\ 15 U.S.C. 78f(b)(5).
\33\ 15 U.S.C. 78f(b)(7) & 78f(d).
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The Exchange believes that the proposed rule changes support the
objectives of the Act by harmonizing Exchange rules modeled on FINRA's
rules, resulting in less burdensome and more efficient regulatory
compliance. As previously noted, the additional text proposed for Rule
10.9261 and Rule 10.9830 is identical to the text in the counterpart
FINRA rules. As such, the proposed rule change would facilitate rule
harmonization among self-regulatory organizations with respect to the
conduct of video conference hearings, thereby fostering 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 rule change protects
investors and the public interest by permitting the use of broadly
available technology to allow hearings to proceed by video conference
under certain circumstances. The Exchange's disciplinary proceedings
serve a critical role in providing investor protection and maintaining
fair and orderly markets by, for example, sanctioning misconduct and
preventing further customer harm by members and associated persons. The
proposed rule change would encourage the prompt resolution of these
cases while preserving fair process. 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.
The proposed rule change promotes efficiency by permitting hearings
to occur by video conference in situations where the hearings would
otherwise be postponed for an uncertain period of time. Moreover, as
noted, FINRA will utilize the same protocols for conducting video
conference hearings as those employed under the temporary amendments,
including using a high quality, secure, user-friendly video
conferencing service and providing thorough instructions, training, and
technical support to all hearing participants.\34\ Moreover, the Chief
or Deputy Chief Hearing Officer may take into consideration, among
other things, a hearing participant's individual health concerns and
access to the connectivity and technology necessary to participate in a
video conference hearing.\35\
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\34\ See FINRA Approval Order, 88 FR at 51880.
\35\ See id. at 51881 & n. 36.
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For the same reasons, the Exchange believes that the proposed
changes are 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.\36\ The Exchange believes that
the proposed rule change provides a fair procedure by allowing hearings
to proceed by video conference not only due to public health or safety
reasons, but also at a party or the parties' request for reasons
particular to them. The Chief or Deputy Chief Hearing Officer could
allow a hearing to proceed by video conference in the exercise of
reasonable discretion and subject to procedural safeguards that ensure
fairness, including the requirement that any motions be joined by all
parties and show good cause. Overall, the proposed rule change
represents a significant step toward modernizing disciplinary process
procedures in a manner that preserves in-person hearings but allows for
the use of video conference technology under certain circumstances.
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\36\ 15 U.S.C. 78f(b)(7) and 78f(d).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed 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 create permanent rules that would allow video conference
hearings if OHO determines that proceeding in person may endanger the
health or safety of the participants or would be impracticable, or
where both parties prefer doing so and show good cause, thereby
providing greater harmonization with approved FINRA rules.
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
[[Page 86693]]
19(b)(3)(A)(iii) of the Act \37\ and Rule 19b-4(f)(6) thereunder.\38\
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.\39\
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\37\ 15 U.S.C. 78s(b)(3)(A)(iii).
\38\ 17 CFR 240.19b-4(f)(6).
\39\ Rule 19b-4(f)(6)(iii) requires a self-regulatory
organization to give the Commission written notice of its intent to
file the proposed rule change, along with a brief description and
text of the proposed rule change, at least five business days prior
to the date of filing of the proposed rule change, or such shorter
time as designated by the Commission. The Exchange has satisfied
this requirement.
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A proposed rule change filed under Rule 19b-4(f)(6) \40\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\41\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
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\40\ 17 CFR 240.19b-4(f)(6).
\41\ 17 CFR 240.19b-4(f)(6)(iii).
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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) \42\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\42\ 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="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#4634332a236b25292b2b232832350635232568212930"><span class="__cf_email__" data-cfemail="453730292068262a2828202b3136053620266b222a33">[email protected]</span></a>. Please include
file number SR-NYSENAT-2023-28 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-NYSENAT-2023-28. 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="https://www.sec.gov/rules/sro.shtml">https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection.
All submissions should refer to file number SR-NYSENAT-2023-28 and
should be submitted on or before January 4, 2024.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\43\
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\43\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-27404 Filed 12-13-23; 8:45 am]
BILLING CODE 8011-01-P
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