Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Notices 8305 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 93849 

(Dec. 22, 2021), 86 FR 74204 (Dec. 29, 2021 

(‘‘Notice’’). 

4 15 U.S.C. 78s(b)(2). 

5The Commission notes that the exchange has a 

different pending proposed rule change that also 

relates to the NYSE Closing Auction. See Securities 

Exchange Act Release No. 93809 (Dec. 17, 2022), 86 

FR 73060 (Dec. 23, 2021) (File No. SR–NYSE–2021– 

44) (Order Instituting Proceedings). 

6 Id. 

7 17 CFR 200.30–3(a)(31). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 92844 

(September 1, 2021), 86 FR 50411 (September 8, 

2021). Comments on the proposed rule change can 

be found at: https://www.sec.gov/comments/srmemx-2021-10/srmemx202110.htm. 

4See Securities Exchange Act Release No. 93383 

(October 19, 2021), 86 FR 58964 (October 25, 2021). 

5See Securities Exchange Act Release No. 93727 

(December 7, 2021), 86 FR 70874 (December 13, 

2021). 

6 In Amendment No. 1, the Exchange, among 

other things: (1) Eliminated the ability for Users 

(defined below) to elect whether to designate an 

RML Order to be identified as such for purposes of 

the Retail Liquidity Identifier, (2) proposes to allow 

Retail Midpoint Orders to trade with both displayed 

odd lot and non-displayed orders priced better than 

the Midpoint Price (defined below) at those orders’ 

ranked prices rather than at the less aggressive 

Midpoint Price, and (3) proposes to allow a Retail 

Midpoint Order to interact with midpoint peg 

orders (i.e., non-RML Orders) that have elected to 

be able to execute in the Retail Midpoint Liquidity 

Program, though only after the Retail Midpoint 

Order has executed against any better priced 

liquidity and any RML Orders. Cf. Investors 

Continued 

staff members who have an interest in 

the matters also may be present. 

In the event that the time, date, or 

location of this meeting changes, an 

announcement of the change, along with 

the new time, date, and/or place of the 

meeting will be posted on the 

Commission’s website at https://

www.sec.gov. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) 

and (10) and 17 CFR 200.402(a)(3), 

(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and 

(a)(10), permit consideration of the 

scheduled matters at the closed meeting. 

The subject matter of the closed 

meeting will consist of the following 

topics: 

Institution and settlement of 

injunctive actions; 

Institution and settlement of 

administrative proceedings; 

Resolution of litigation claims; and 

Other matters relating to examinations 

and enforcement proceedings. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting agenda items that 

may consist of adjudicatory, 

examination, litigation, or regulatory 

matters. 

CONTACT PERSON FOR MORE INFORMATION: 

For further information; please contact 

Vanessa A. Countryman from the Office 

of the Secretary at (202) 551–5400. 

Authority: 5 U.S.C. 552b. 

Dated: February 10, 2022. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2022–03244 Filed 2–10–22; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 94181; File No. SR–NYSE– 

2021–74] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC, Notice of 

Designation of a Longer Period for 

Commission Action on a Proposed 

Rule Change To Amend the Provisions 

of Rule 7.35B 

February 8, 2022. 

On December 14, 2021, New York 

Stock Exchange LLC (‘‘NYSE’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

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

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 thereunder,2 a proposed rule 

change to amend NYSE Rule 7.35B 

relating to the cancellation of MOC, 

LOC, and Closing IO Orders before the 

Closing Auction. The proposed rule 

change was published for comment in 

the Federal Register on December 29, 

2021.3 The Commission has received no 

comments on the proposal. 

Section 19(b)(2) of the Act 4 provides 

that within 45 days of the publication of 

notice of the filing of a proposed rule 

change, or within such longer period up 

to 90 days as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or as to which the 

self-regulatory organization consents, 

the Commission shall either approve the 

proposed rule change, disapprove the 

proposed rule change, or institute 

proceedings to determine whether the 

proposed rule change should be 

disapproved. The 45th day after 

publication of the notice for the 

proposed rule change is February 12, 

2022. The Commission is extending this 

45-day time period. 

The Commission finds that it is 

appropriate to designate a longer period 

within which to take action on the 

proposed rule change so that it has 

sufficient time to consider the proposed 

rule change.5 Accordingly, the 

Commission, pursuant to Section 

19(b)(2) of the Act,6 designates March 

29, 2022, as the date by which the 

Commission shall either approve or 

disapprove, or institute proceedings to 

determine whether to approve or 

disapprove, the proposed rule change 

(File No. SR–NYSE–2021–74). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–03018 Filed 2–11–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–94189; File No. SR–MEMX– 

2021–10] 

Self-Regulatory Organizations; MEMX 

LLC; Notice of Filing of Amendment 

No. 1 to, and Designation of a Longer 

Period for Commission Action on 

Proceedings To Determine Whether To 

Approve or Disapprove, a Proposed 

Rule Change To Establish a Retail 

Midpoint Liquidity Program 

February 8, 2022. 

On August 18, 2021, MEMX LLC 

(‘‘MEMX’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

establish a Retail Midpoint Liquidity 

Program (‘‘Program’’). The proposed 

rule change was published for comment 

in the Federal Register on September 8, 

2021.3 On October 19, 2021, the 

Commission designated a longer period 

within which to approve the proposed 

rule change, disapprove the proposed 

rule change, or institute proceedings to 

determine whether to disapprove the 

proposed rule change.4 On December 7, 

2021, the Commission instituted 

proceedings under Section 19(b)(2)(B) of 

the Act to determine whether to approve 

or disapprove the proposed rule 

change.5 On January 27, 2022, the 

Exchange filed Amendment No. 1 to the 

proposed rule change, which supersedes 

the original filing in its entirety, and is 

described in Items I and II below, which 

Items have been prepared by the 

Exchange.6 The Commission is 


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