Skip to main content
Notice2025-11182

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 6.40P-O

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
June 18, 2025

Issuing agencies

Securities and Exchange Commission

Full Text

<html>
<head>
<title>Federal Register, Volume 90 Issue 116 (Wednesday, June 18, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 116 (Wednesday, June 18, 2025)]
[Notices]
[Pages 26073-26076]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11182]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-103251; File No. SR-NYSEARCA-2025-42]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 
6.40P-O

June 13, 2025.
    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 June 10, 2025, NYSE Arca, Inc. (``NYSE Arca'' or the 
``Exchange'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.40P-O (Pre-Trade and 
Activity-Based Risk Controls) to adopt ``Gross Risk Credit Limits,'' 
which optional pre-trade risk control will be available to Entering 
Firms. 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 amend Rule 6.40P-O (Pre-Trade and 
Activity-Based Risk Controls) to adopt ``Gross Risk Credit Limits,'' 
which optional pre-trade risk control will be available to Entering 
Firms.\4\
---------------------------------------------------------------------------

    \4\ The term ``Entering Firm'' refers to an OTP Holder or OTP 
Firm (including those acting as Market Makers). See Rule 6.40P-
O(a)(1).
---------------------------------------------------------------------------

Background and Proposal
    In 2022, in connection with the Exchange's migration to Pillar and 
to better assist OTP Holders and OTP Firms (collectively, ``OTP 
Holders'') in managing their risk, the Exchange adopted Rule 6.40P-O 
(the ``Rule''), which included pre-trade risk controls, among other 
activity-based controls, wherein an Entering Firm had the option of 
establishing limits or restrictions on certain of its trading behavior 
on the Exchange and authorizing the Exchange to take action if those 
limits or restrictions were exceeded.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 94072 (January 26, 
2022), 87 FR 5592 (February 1, 2022) (Notice of Filing of Amendment 
No. 4 and Order Granting Accelerated Approval of a Proposed Rule 
Change, as Modified by Amendment No. 4) (SR-NYSEArca-2021-47). 
Later, the Exchange amended its rules to make additional pre-trade 
risk controls available to Entering Firms. See, e.g., Securities 
Exchange Act Release No. 96504 (December 15, 2022), 87 FR 78166 
(December 21, 2022) (SR-NYSEARCA-2022-82) (adopting, on an 
immediately effective basis, ``Single-Order Risk Controls'').
---------------------------------------------------------------------------

    The Exchange has recently received requests from market 
participants to adopt Gross Credit Limits, which would provide OTP 
Holders with additional pre-trade risk controls. As detailed below, 
each of the proposed additional risk controls is based on risk settings 
that are already available on the Exchange's equity platform and its 
affiliated equities exchanges, including NYSE American LLC (``NYSE 
American'').\6\ The Exchange notes that similar risk controls are 
offered on at least one other option exchange, Cboe EDGX Exchange, Inc. 
(``Cboe EDGX''). Cboe EDGX offers its members optional risk settings to 
monitor their credit exposure, including a ``Gross Credit Risk Limit--
Executed Only'', which is calculated based solely on executed orders, 
and an ``Aggregate Gross Credit Exposure Limit'', which is calculated 
based on both executed and unexecuted

[[Page 26074]]

orders.\7\ As such, market participants are already familiar with these 
various gross credit risk checks, such that the ones proposed by the 
Exchange in this filing are not novel.
---------------------------------------------------------------------------

    \6\ See Rule 7.19-E(b)(1)(A)-(C) (providing for Gross Credit 
Risk Limit--Open + Executed; Gross Credit Risk Limit--Open Only; and 
Gross Credit Risk Limit--Executed Only) and (f)(3) (allowing firms 
to set one of the following automated breach actions when such risk 
limits are breached: Notification Only, Block Only, and Cancel and 
Block). See also NYSE American Rule 7.19E(b)(1) and (f)(3) (offering 
identical functionality as Exchange Rule 7.19-E).
    \7\ See Cboe EDGX Rule 11.10, Interpretation and Policy .03 
paragraphs (a)(1) and (a)(3) (describing the risk limits) and (e) 
(describing automated breach actions to block all new orders or to 
both block new orders and cancel open orders). Unlike the Exchange, 
Cboe EDGX does not offer a risk check for open (i.e., unexecuted) 
orders only. See also MEMX LLC (MEMX'') Rule 21.17, Interpretation 
and Policy .01(f) (providing optional user-configured credit 
controls on gross exposure that, when breached, prevent submission 
of either all new orders or Market Orders only).
---------------------------------------------------------------------------

    In light of these requests, the Exchange proposes to modify Rule 
6.40P-O to adopt three ``Gross Credit Risk Limits,'' each of which 
would allow Entering Firms to set pre-established maximum daily dollar 
amounts for purchases and sales across all symbols where both buy and 
sell orders are counted as positive values, which limits would not 
apply to Market Maker interest.\8\ ``Market Maker interest'' refers 
solely to interest submitted by a Market Maker acting in its registered 
capacity (i.e., for its own account and in fulfillment of its quoting 
obligations).\9\
---------------------------------------------------------------------------

    \8\ See proposed Rule 6.40P-O(a)(2)(B). The Exchange notes that 
Market Maker interest is not excluded from the Gross Credit Risk 
Limits per Rule 7.19-E(b)(1). As discussed infra, the Exchange does 
not believe it is necessary to offer the proposed checks to Market 
Makers because their risk management practices and capital adequacy 
requirements are designed to mitigate their credit risk. Further, 
options Market Makers are subject to mandatory Activity-Based Risk 
Controls for their orders and quotes that are tailored to the high-
frequency, high-volume nature of options market making. See, e.g., 
Rule 6.40P-O(c)(2)(A). The Exchange notes that the Activity-Based 
and Global Risk Controls are unique to the options market and the 
Exchange's equities platform does not offer analogous controls.
    \9\ A Market Maker is an individual who is registered with the 
Exchange for the purpose of making transactions as a dealer-
specialist. See Rule 6.32P-O(a) [sic]. ``Market Maker interest'' as 
used in the proposed Rule does not include interest submitted by a 
market-making firm for an account other than its own (i.e., on 
behalf of a client).
---------------------------------------------------------------------------

    As described below, an Entering Firm will receive notifications if 
it is approaching or has breached its limit.
    <bullet> Proposed subsection (i) of Rule 6.40P-O(a)(2)(B) would 
define the ``Gross Credit Risk Limit--Open + Executed'' risk check to 
include unexecuted orders in the Consolidated Book, orders routed on 
arrival pursuant to Rule 6.76AP-O(b), and executed orders.
    <bullet> Proposed subsection (ii) of Rule 6.40P-O(a)(2)(B) would 
define the ``Gross Credit Risk Limit--Open Only'' risk check to include 
unexecuted orders in the Consolidated Book and orders routed on arrival 
pursuant to Rule 6.76AP-O(b).
    <bullet> Proposed subsection (iii) of Rule 6.40P-O(a)(2)(B) would 
define the ``Gross Credit Risk Limit--Executed Only'' risk check to 
include executed orders only.
    Consistent with current Pre-Trade Risk Controls, the Entering Firm 
can set the proposed Gross Credit Risk Limits at the MPID level or at 
one or more sub-IDs associated with that MPID, or both.\10\ The 
Exchange proposes to add new rule text specifying that, consistent with 
current functionality, ``[i]f a Pre-Trade Risk Control set at the MPID 
level is breached, the Automated Breach Action specified at the MPID 
level will be applied to all sub-IDs associated with that MPID.'' \11\ 
The Exchange believes this additional text, which is included in the 
Exchange's equities rule will add clarity and transparency to the Rule.
---------------------------------------------------------------------------

    \10\ See Rule 6.40P-O(b)(2).
    \11\ See proposed Rule 6.40P-O(b)(2) (describing the options for 
setting and adjusting Pre-Trade Risk Controls). The Exchange notes 
that this rule text is included in the Exchange's analogous equities 
rule (i.e., Rule 7.19-E(f)(4)).
---------------------------------------------------------------------------

    Proposed Rule 6.40P-O(c)(1)(B) would set forth the potential Breach 
Actions the Entering Firms would authorize the Exchange to take if a 
designated Gross Credit Risk Limit is breached, which automated action 
will be applied to its orders in the affected class of options. As 
proposed, the Entering Firm would select one of the following automated 
breach actions that the Exchange would take in the event of a breach:
    <bullet> ``Notification Only.'' As set forth in proposed Rule 
6.40P-O(c)(1)(B)(i), if this option is selected, the Exchange would 
continue to accept new order messages and related instructions and 
would not cancel any unexecuted orders in the Consolidated Book. 
Instead, the Exchange would only notify the Entering Firm of the 
breach.\12\
---------------------------------------------------------------------------

    \12\ This proposed automated breach action is substantially 
similar to the risk check of the same name on the Exchange's 
equities platform. Compare proposed Rule 6.40P-O(c)(1)(B)(i) with 
Rule 7.19-E(f)(3)(A)(i).
---------------------------------------------------------------------------

    <bullet> ``Block Only.'' As set forth in proposed Rule 6.40P-
O(c)(1)(B)(ii), if this option is selected, the Exchange would reject 
new order messages and related instructions. The Exchange would 
continue to process instructions from the Entering Firm to cancel one 
or more orders in full (including Auction-Only Orders) or any of the 
instructions specified in paragraph (e) of this Rule. The Exchange 
would not, however, take any automated action to cancel orders.\13\
---------------------------------------------------------------------------

    \13\ This proposed automated breach action is substantially 
similar to the risk check of the same name on the Exchange's 
equities platform. Compare proposed Rule 6.40P-O(c)(1)(B)(ii) with 
Rule 7.19-E(f)(3)(A)(ii).
---------------------------------------------------------------------------

    <bullet> ``Cancel and Block.'' As set forth in proposed Rule 6.40P-
O(c)(1)(B)(iii), if this option is selected, in addition to the Block 
actions described above, the Exchange would also cancel all unexecuted 
orders in the Consolidated Book other than Auction-Only Orders as well 
as orders designated as GTC.\14\
---------------------------------------------------------------------------

    \14\ This proposed automated breach action is substantially 
similar to the risk check of the same name on the Exchange's 
equities platform (except that the proposed Rule includes reference 
to GTC orders, which order type is not available on the Exchange's 
equities platform). Compare proposed Rule 6.40P-O(c)(1)(B)(iii) with 
Rule 7.19-E(f)(3)(A)(iii).
---------------------------------------------------------------------------

    Current Rule 6.40P-O(d) describes the requirements for reinstating 
Entering Firms following the trigger of the ``Block Only'' or ``Cancel 
and Block'' automated breach actions. The Exchange proposes to modify 
this provision to include the reinstatement of Entering Firms taken out 
of the market for breach of a Gross Credit Risk Limits, which will add 
clarity and internal consistency to the Rule.\15\
---------------------------------------------------------------------------

    \15\ See proposed Rule 6.40P-O(d) (adding reference to breach of 
Gross Credit Risk Limit).
---------------------------------------------------------------------------

    As is the case with the existing Pre-Trade Risk Controls, all 
orders on the Exchange would pass through these risk checks regardless 
of whether a firm opts to utilize them. As such, there would be no 
difference in the latency experienced by OTP Holders who have opted to 
use the proposed risk checks versus those who have not. In addition, 
like the existing Pre-Trade Risk Controls, the Exchange expects that 
any latency added by the proposed risk controls would be de minimis.
Technical Changes
    The Exchange proposes to modify Rule 6.40P-O(c)(1)(A) to specify 
that it describes the breach action applicable to the Single-Order 
(pre-trade) Risk Controls, which distinguishes it from the breach 
actions applicable to the new Gross Credit Risk Limits described in 
proposed Rule 6.40P-O(c)(1)(B).\16\ The Exchange also proposes to 
correct a typographical error by removing an errant open parathesis 
from Rule 6.40P-O(c)(1)(A)(iii). These proposed changes are non-
substantive and are meant to add clarity and transparency to the Rule.
---------------------------------------------------------------------------

    \16\ See proposed Rule 6.40P-O(c)(1)(A) (specifying ``Breach 
Action for Single-Order Risk Controls'').
---------------------------------------------------------------------------

Continuing Obligations of OTP Holders Under Rule 15c3-5
    Like the existing Pre-Trade Risk Controls, the proposed Gross 
Credit Risk Limits are meant to supplement, and not replace, the OTP 
Holders' own internal systems, monitoring, and procedures

[[Page 26075]]

related to risk management.\17\ As such, the Exchange does not 
guarantee that these Pre-Trade Controls (including the proposed Credit 
Risk Limits) will be sufficiently comprehensive to meet all of an OTP 
Holder's needs as these controls are not designed to be the sole means 
of risk management and use of these controls will not necessarily meet 
an OTP Holder's obligations required by Exchange or federal rules 
(including, without limitation, the Rule 15c3-5 under the Act \18\ 
(``Rule 15c3-5'')).\19\ Further, as is the case today, use of the 
Exchange's Pre-Trade Risk Controls (including the proposed Gross Credit 
Risk Limits) will not automatically constitute compliance with Exchange 
or federal rules and responsibility for compliance with all Exchange 
and SEC rules remains with the OTP Holder.\20\
---------------------------------------------------------------------------

    \17\ See Commentary .01 to Rule 6.40P-O.
    \18\ See 17 CFR 240.15c3-5.
    \19\ See id.
    \20\ See id.
---------------------------------------------------------------------------

Timing and Implementation
    The Exchange anticipates implementing the proposed change in the 
second quarter of 2025 and, in any event, will implement the proposed 
rule change no later than the end of September 2025. The Exchange will 
announce the timing of such changes by Trader Update.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\21\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\22\ 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 regulating, 
clearing, settling, processing information with respect to, and 
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, 
and because it is not designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f(b).
    \22\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that the proposed rule change 
will remove impediments to and perfect the mechanism of a free and open 
market and a national market system because the proposed additional 
Gross Credit Risk Limits would provide Entering Firms with enhanced 
abilities to manage their risk with respect to orders on the Exchange. 
As noted herein, these new Pre-Trade Risk Controls are not novel; they 
are based on existing risk settings already in place on the Exchange's 
(and its affiliates) equities platform, and similar to those on Cboe 
EDGX.\23\ Accordingly, market participants are already familiar with 
the types of protections that the proposed risk controls afford. As 
such, the Exchange believes that the proposed additional Pre-Trade Risk 
Controls would provide a means to address potentially market-impacting 
events, helping to ensure the proper functioning of the market. 
Moreover, the proposed Gross Credit Risk Limits (like the existing Pre-
Trade Risk Controls) are optional, and Entering Firms are free to 
utilize them or not at their discretion. In addition, because all 
orders on the Exchange would pass through the proposed risk checks, 
there would be no difference in the latency experienced by OTP Holders 
that opt to use the proposed Gross Credit Risk Limits versus those that 
opt not to use them. In addition, the Exchange expects that any latency 
added by the proposed pre-trade risk controls would be de minimis.
---------------------------------------------------------------------------

    \23\ See supra notes 6-7.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change will protect 
investors and the public interest because the proposed Gross Credit 
Risk Limits are a form of impact mitigation that will aid Entering 
Firms in minimizing their risk exposure and reduce the potential for 
disruptive, market-wide events. As such, the Exchange believes that the 
proposed risk checks will help to ensure the proper functioning of the 
market.
    The Exchange believes that excluding Market Maker interest from the 
proposed Gross Credit Risk Limits will remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system because, while they may accumulate credit risk from their 
trading activities, Market Makers' risk management practices and 
capital adequacy requirements are designed to mitigate this risk. More 
importantly, Market Makers must utilize real-time Activity-Based Risk 
Controls for their orders and quotes that dynamically manage exposure 
at the transaction level.\24\ Market Makers often quote across 
thousands of strikes simultaneously. The Activity-Based Controls are 
tailored to the high-frequency, high-volume nature of options market 
making as they allow Market Makers to track (and limit) their exposure 
across all strikes and sides of the market.\25\ The Exchange believes 
these mandatory risk controls offer robust and layered safeguards and 
thus neutralize the need for Market Makers to avail themselves of the 
(static) pre-trade Gross Credit Risk Limits.
---------------------------------------------------------------------------

    \24\ See Rule 6.40P-O(c)(2)(A). Market Makers must set limits on 
transactions, contracts, or market volume percentages for each 
symbol within a defined interval. See Rule 6.40P-O(a)(3). If these 
controls are breached repeatedly, Market Makers are removed from the 
market to reassess risk. See Rule 6.40P-O(c)(3)(A).
    \25\ As noted supra, Activity-Based and Global Risk Controls are 
unique to the options market and are not offered on the Exchange's 
equities platform.
---------------------------------------------------------------------------

    The Exchange understands that OTP Holders implement a number of 
different risk-based controls, including those required by Rule 15c3-5. 
The controls proposed here will serve as an additional tool for 
Entering Firms to assist them in identifying any risk exposure. The 
Exchange believes the proposed additional Pre-Trade Risk Controls will 
assist Entering Firms in managing their financial exposure which, in 
turn, could enhance the integrity of trading on the securities markets 
and help to assure the stability of the financial system.
    Finally, the Exchange believes the proposed (non-substantive) 
technical changes to delineate the automated breach actions for Single-
Order Risk Controls as opposed to the new Gross Credit Risk Limits and 
to correct a typo will remove impediments to a free and open market 
because they will add clarity and transparency to the Rule, which 
benefits investors and the investing public.

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. In fact, the Exchange 
believes that the proposal will have a positive effect on competition 
because, by providing Entering Firms additional means to monitor and 
control risk, the proposed rule will increase confidence in the proper 
functioning of the markets. The Exchange believes the proposed 
additional Gross Credit Risk Limits will assist Entering Firms in 
managing their financial exposure which, in turn, could enhance the 
integrity of trading on the securities markets and help to assure the 
stability of the financial system. As a result, the level of 
competition should increase as public confidence in the markets is 
solidified.
    The Exchange believes that excluding Market Makers interest from 
the proposed risk checks will not impose an

[[Page 26076]]

undue burden on intra-market competition because Market Makers' risk 
management practices and capital adequacy requirements are designed to 
mitigate their credit risk. Further, as discussed herein, Market Makers 
are subject to mandatory Activity-Based Risk Controls designed to 
dynamically manage their exposure in the high-frequency, high-volume 
options market. The Exchange believes these mandatory real-time risk 
controls neutralize the need to offer the Gross Credit Risk Limit to 
Market Makers.
    Finally, the Exchange believes the proposed (non-substantive) 
technical changes do not raise competitive issues but instead will 
benefit investors and the investing public by adding clarity and 
transparency to the Rule.

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.\28\
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \27\ 17 CFR 240.19b-4(f)(6).
    \28\ 17 CFR 240.19b-4(f)(6). In addition, 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \29\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\30\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has 
requested that the Commission waive the 30-day operative delay so that 
it may offer the proposed Gross Credit Risk Limits immediately. The 
Commission believes that waiver of the operative delay would be 
consistent with the protection of investors and the public interest 
because the proposal raises no novel issues and would assist Entering 
Firms in managing their financial exposure which, in turn, could 
enhance the integrity of trading on the securities markets. 
Accordingly, the Commission hereby waives the 30-day operative delay 
and designates the proposed rule change as operative upon filing.\31\
---------------------------------------------------------------------------

    \29\ 17 CFR 240.19b-4(f)(6).
    \30\ 17 CFR 240.19b-4(f)(6)(iii).
    \31\ For purposes only of waiving the 30-day operative delay, 
the Commission also has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \32\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

    <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#4b393e272e66282426262e253f380b382e28652c243d"><span class="__cf_email__" data-cfemail="4a383f262f67292527272f243e390a392f29642d253c">[email&#160;protected]</span></a>. Please include 
file number SR-NYSEARCA-2025-42 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-NYSEARCA-2025-42. 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-NYSEARCA-2025-42 and should 
be submitted on or before July 9, 2025.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2025-11182 Filed 6-17-25; 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 June 18, 2025.

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.