Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices 78085 

36 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release Nos. 77241 

(February 26, 2016), 81 FR 11311 (March 3, 2016) 

(SR–NYSEMKT–2016–30) (Notice of Filing and 

Immediate Effectiveness of Proposed Rule Change 

Adopting Investigation, Disciplinary, Sanction, and 

Other Procedural Rules Modeled on the Rules of the 

New York Stock Exchange LLC and Certain 

Conforming and Technical Changes). 

4See NYSE MKT Information Memorandum 16– 

02 (March 14, 2016). 

5See Securities Exchange Act Release No. 90344 

(November 4, 2020), 85 FR 71695 (November 10, 

2020) (SR–FINRA–2020–039) (Notice of Filing and 

Immediate Effectiveness of a Proposed Rule Change 

To Amend FINRA Rules To Reflect Name Changes 

to Two FINRA Departments: The Office of Dispute 

Resolution and the Department of Registration and 

Disclosure). 

6 15 U.S.C. 78f(b)(5). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.36

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–25013 Filed 11–13–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98880; File No. SR– 

NYSEAMER–2023–53] 

Self-Regulatory Organizations; NYSE 

American LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend Rules 9521 

and 9522 To Correct Obsolete 

References To a FINRA Department 

November 7, 2023. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (‘‘Act’’) 

and Rule 19b–4 thereunder,2 notice is 

hereby given that, on October 26, 2023, 

NYSE American LLC (‘‘NYSE 

American’’ or the ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend 

Rules 9521 (Purposes and Definitions) 

and 9522 (Initiation of Eligibility 

Proceeding; Member Regulation 

Consideration) to correct an obsolete 

reference to a department of the 

Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’). The 

proposed rule change is available on the 

Exchange’s website at www.nyse.com, 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 proposes to 

amend Rules 9521 (Purposes and 

Definitions) and 9522 (Initiation of 

Eligibility Proceeding; Member 

Regulation Consideration) to correct an 

obsolete reference to a FINRA 

department. 

Background and Proposed Rule Change 

In 2016, NYSE American (then known 

as NYSE MKT LLC) adopted 

disciplinary rules that are, with certain 

exceptions, substantially the same as the 

Rule 8000 Series and Rule 9000 Series 

of its affiliate the New York Stock 

Exchange LLC (‘‘NYSE’’), and which set 

forth rules for conducting investigations 

and enforcement actions and FINRA.3

The NYSE American disciplinary rules 

were implemented on April 15, 2016.4

In adopting disciplinary rules 

modeled on FINRA’s rules, NYSE 

American adopted the procedures set 

forth in the Rule 9520 Series for a 

covered person to become or remain 

associated with a member organization 

or ATP Holder notwithstanding the 

existence of a statutory disqualification 

as defined in Section 3(a)(39) of the Act, 

and for a current member organization 

or covered person to obtain relief from 

the eligibility or qualification 

requirements of the Exchange’s Rules, 

which the rule refers to as ‘‘eligibility 

proceedings.’’ Rule 9521 sets forth 

certain definitions relating to eligibility 

proceedings. Rule 9521(b)(1) defines the 

term ‘‘Application’’ to mean FINRA’s 

Form MC–400 for covered persons or 

Form MC–400A for member 

organizations filed with FINRA’s 

Department of Registration and 

Disclosure’’ (abbreviated as ‘‘RAD’’ in 

the Exchange’s rules). Rule 9522, which 

governs initiation of an eligibility 

proceeding by the Exchange, contains 

references to RAD in subdivisions (b)(1), 

(c) and (e)(3)(A). 

In 2020, FINRA changed RAD’s name 

to ‘‘Credentialing, Registration, 

Education and Disclosure’’ (abbreviated 

as ‘‘CRED’’ in FINRA’s rules) and 

amended, among others, FINRA Rules 

9521 and 9522 to reflect the name 

change.5 The Exchange proposes to 

conform the references in the 

Exchange’s rules. To effectuate this 

change, the Exchange would retain the 

reference to ‘‘FINRA’s Department’’ in 

Rule 9521(b)(1) and change the capital 

‘‘D’’ in department to lowercase [sic]. 

The Exchange would replace 

‘‘Registration and Disclosure (‘RAD’)’’ in 

Rule 9521(b)(1) with ‘‘Credentialing, 

Registration, Education and Disclosure 

(‘CRED’)’’. The Exchange would also 

replace ‘‘RAD’’ with ‘‘CRED’’ in Rules 

9522(b)(1) (one reference), (c) (two 

references) and (e)(3)(A) (one reference). 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b)(5) of the Exchange Act,6 in 

that 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. 

The Exchange believes that the 

proposed change to Rules 9521 and 

9522 to update and replace obsolete 

references to a FINRA department 

would increase the clarity and 

transparency of the Exchange’s rules 

and remove impediments to and perfect 

the mechanism of a free and open 

market by ensuring that persons subject 

to the Exchange’s jurisdiction, 

regulators, and the investing public 

could more easily navigate and 

understand the Exchange rules. The 

Exchange further believes that the 

proposed change would not be 

inconsistent with the public interest and 

the protection of investors because 

investors will not be harmed and in fact 

would benefit from increased clarity, 

thereby reducing potential confusion. 


khammond on DSKJM1Z7X2PROD with NOTICES
78086 Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices 

7 15 U.S.C. 78f(b)(8). 

8 15 U.S.C. 78(b)(3)(A). 

9 17 CFR 240.19b–4(f)(6). 

10 15 U.S.C. 78s(b)(3)(A). 

11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the Exchange to give the 

Commission written notice of the Exchange’s 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. 

12 17 CFR 240.19b–4(f)(6). 

13 17 CFR 240.19b–4(f)(6)(iii). 

14For 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). 15 17 CFR 200.30–3(a)(12), (59). 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

In accordance with Section 6(b)(8) of 

the Act,7 the Exchange believes that the 

proposed rule change would not 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 

concerned with deleting and replacing 

obsolete references in its rules. Since 

the proposal does not substantively 

modify system functionality or 

processes on the Exchange, the 

proposed changes will not impose any 

burden on competition. 

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) of the Act 8 and Rule 19b– 

4(f)(6) 9 thereunder. 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 10 and Rule 19b– 

4(f)(6) 11 thereunder. 

A proposed rule change filed under 

Rule 19b–4(f)(6) 12 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b–4(f)(6)(iii),13 the 

Commission may designate a shorter 

time if such action is consistent with 

protection of investors and the public 

interest. The Exchange has asked the 

Commission to waive the 30-day 

operative delay so that the proposed 

rule change may become operative 

immediately upon filing. The 

Commission believes that waving the 

30-day operative delay is consistent 

with the protection of investors and the 

public interest, because it will allow the 

Exchange to correct obsolete references 

to a FINRA department in its rule text. 

Accordingly, the Commission 

designates the proposed rule change to 

be operative upon filing.14

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 will institute proceedings 

to determine whether the proposed rule 

change 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 

• Use the Commission’s internet 

comment form (https://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include file number SR– 

NYSEAMER–2023–53 on the subject 

line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549–1090. 

All submissions should refer to file 

number SR–NYSEAMER–2023–53. 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 (https://www.sec.gov/ 

rules/sro.shtml). 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–NYSEAMER–2023–53 and should 

be submitted on or before December 5, 

2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–25010 Filed 11–13–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. IA– 

6478] 

Notice of Intention to Cancel 

Registration Pursuant to Section 

203(h) of the Investment Advisers Act 

of 1940 

November 7, 2023. 

Notice is given that the Securities and 

Exchange Commission (the 

‘‘Commission’’) intends to issue an 

order, pursuant to Section 203(h) of the 

Investment Advisers Act of 1940 (the 

‘‘Act’’), cancelling the registration of 

Ramos, Mario, File No. 801–127334, 

hereinafter referred to as the 

‘‘registrant.’’ Section 203(h) provides, in 

pertinent part, that if the Commission 

finds that any person registered under 

Section 203, or who has pending an 

application for registration filed under 

that section, is no longer in existence, is 

not engaged in business as an 

investment adviser, or is prohibited 

from registering as an investment 

adviser under section 203A, the 

Commission shall by order, cancel the 

registration of such person. 


khammond on DSKJM1Z7X2PROD with NOTICES