Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Notices 13337 

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

2 17 CFR 240.19b–4. 3 17 CFR 240.19b–4(f)(6). 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING

Day Event/activity 

0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 

10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: 

Supporting the standing of a potential party identified by name and address; describing the need for the information in order 

for the potential party to participate meaningfully in an adjudicatory proceeding. 

60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 

20 ...................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for 

access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 

25 ...................... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling 

to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief 

Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any 

party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to 

file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 ...................... (Receipt + 30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing 

and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure

Agreement for SUNSI. 

A ....................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access 

to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a 

final adverse determination by the NRC staff. 

A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. 

A + 28 ............... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days 

remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as

established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its

SUNSI contentions by that later deadline. 

A + 53 ............... (Contention receipt + 25) Answers to contentions whose development depends upon access to SUNSI. 

A + 60 ............... (Answer receipt + 7) Petitioner/Intervenor reply to answers. 

>A + 60 ............. Decision on contention admission. 

[FR Doc. 2022–04931 Filed 3–8–22; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting; Cancellation 

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: 87 FR 12748, March 7, 

2022. 

PREVIOUSLY ANNOUNCED TIME AND DATE OF

THE MEETING: Wednesday, March 9, 2022 

at 12:00 p.m. 

CHANGES IN THE MEETING: The Closed 

Meeting scheduled for Wednesday, 

March 9, 2022 at 12:00 p.m., has been 

cancelled. 

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: March 7, 2022. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2022–05097 Filed 3–7–22; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–94356; File No. SR–FINRA– 

2022–003] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Extend the 

Implementation Date of Certain 

Amendments to FINRA Rule 4210 

Approved Pursuant to SR–FINRA– 

2015–036 

March 3, 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 February 

25, 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

FINRA is proposing to extend, to 

October 26, 2022, the implementation 

date of the amendments to FINRA Rule 

4210 (Margin Requirements) pursuant to 

SR–FINRA–2015–036, other than the 

amendments pursuant to SR–FINRA– 

2015–036 that were implemented on 

December 15, 2016. The proposed rule 

change would not make any changes to 

the text of FINRA rules. 

The text of the proposed rule change 

is available on FINRA’s website at 

http://www.finra.org, at the principal 

office of FINRA and at the 

Commission’s Public Reference Room. 


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13338 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Notices 

4See Securities Exchange Act Release No. 78081 

(June 15, 2016), 81 FR 40364 (June 21, 2016) (Notice 

of Filing of Amendment No. 3 and Order Granting 

Accelerated Approval to a Proposed Rule Change to 

Amend FINRA Rule 4210 (Margin Requirements) to 

Establish Margin Requirements for the TBA Market, 

as Modified by Amendment Nos. 1, 2, and 3; File 

No. SR–FINRA–2015–036). 

5See Partial Amendment No. 3 to SR–FINRA– 

2015–036 and Regulatory Notice 16–31 (August 

2016), both available at: <www.finra.org>. 

6Available at: <www.finra.org/rules-guidance/ 

guidance/faqs>. Further, staff of the SEC’s Division 

of Trading and Markets made available a set of 

Frequently Asked Questions regarding Exchange 

Act Rule 15c3–1 and Rule 15c3–3 in connection 

with Covered Agency Transactions under FINRA 

Rule 4210, also available at: <www.finra.org/rulesguidance/guidance/faqs>. 

7See Securities Exchange Act Release No. 81722 

(September 26, 2017), 82 FR 45915 (October 2, 

2017) (Notice of Filing and Immediate Effectiveness 

of a Proposed Rule Change to Delay the 

Implementation Date of Certain Amendments to 

FINRA Rule 4210 Approved Pursuant to SR– 

FINRA–2015–036; File No. SR–FINRA–2017–029); 

see also Regulatory Notice 17–28 (September 2017). 

8See Securities Exchange Act Release No. 93630 

(November 19, 2021), 86 FR 67557 (November 26, 

2021) (Notice of Filing and Immediate Effectiveness 

of a Proposed Rule Change to Extend the 

Implementation Date of Certain Amendments to 

FINRA Rule 4210 Approved Pursuant to SR– 

FINRA–2015–036; File No. SR–FINRA–2021–028). 

9See Securities Exchange Act Release No. 91937 

(May 19, 2021), 86 FR 28161 (May 25, 2021) (Notice 

of Filing of a Proposed Rule Change to Amend the 

Requirements for Covered Agency Transactions 

Under FINRA Rule 4210 (Margin Requirements) as 

Approved Pursuant to SR–FINRA–2015–036; File 

No. SR–FINRA–2021–010). See also Partial 

Amendment No. 1 to SR–FINRA–2021–010, and 

Letter from Adam Arkel, Associate General 

Counsel, Office of General Counsel, FINRA, to 

Vanessa Countryman, Secretary, SEC, dated 

September 16, 2021, both available at: 

<www.finra.org>. 

10See Securities Exchange Act Release No. 94013 

(January 20, 2022), 87 FR 4076 (January 26, 2022) 

(Order Granting Approval of a Proposed Rule 

Change, as Modified by Amendment No. 1, to 

Amend the Requirements for Covered Agency 

Transactions Under FINRA Rule 4210 (Margin 

Requirements) as Approved Pursuant to SR– 

FINRA–2015–036). 

11See Letter from J. Matthew DeLesDernier, 

Assistant Secretary, SEC, to Adam Arkel, Associate 

General Counsel, Office of General Counsel, FINRA, 

dated January 27, 2022, available at: sec.gov. 

12 15 U.S.C. 78o–3(b)(6). 

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 

On October 6, 2015, FINRA filed with 

the Commission proposed rule change 

SR–FINRA–2015–036, which proposed 

to amend FINRA Rule 4210 to establish 

margin requirements for (1) To Be 

Announced (‘‘TBA’’) transactions, 

inclusive of adjustable rate mortgage 

(‘‘ARM’’) transactions; (2) Specified 

Pool Transactions; and (3) transactions 

in Collateralized Mortgage Obligations 

(‘‘CMOs’’), issued in conformity with a 

program of an agency or GovernmentSponsored Enterprise (‘‘GSE’’), with 

forward settlement dates, as defined 

more fully in the filing (collectively, 

‘‘Covered Agency Transactions’’). The 

Commission approved SR–FINRA– 

2015–036 on June 15, 2016 (the 

‘‘Approval Date’’).4

Pursuant to Partial Amendment No. 3 

to SR–FINRA–2015–036, FINRA 

announced in Regulatory Notice 16–31 

that the rule change would become 

effective on December 15, 2017, 18 

months from the Approval Date, except 

that the risk limit determination 

requirements as set forth in paragraphs 

(e)(2)(F), (e)(2)(G) and (e)(2)(H) of Rule 

4210 and in new Supplementary 

Material .05, each as respectively 

amended or established by SR–FINRA– 

2015–036 (collectively, the ‘‘risk limit 

determination requirements’’), would 

become effective on December 15, 2016, 

six months from the Approval Date.5

Industry participants sought 

clarification regarding the 

implementation of the requirements 

pursuant to SR–FINRA–2015–036. 

Industry participants also requested 

additional time to make system changes 

necessary to comply with the 

requirements, including time to test the 

system changes, and requested 

additional time to update or amend 

margining agreements and related 

documentation. In response, FINRA 

made available a set of Frequently 

Asked Questions & Guidance 6 and, 

pursuant to SR–FINRA–2017–029,7

extended the implementation date of the 

requirements of SR–FINRA–2015–036 to 

June 25, 2018, except for the risk limit 

determination requirements, which, as 

announced in Regulatory Notice 16–31, 

became effective on December 15, 2016. 

Industry participants requested that 

FINRA reconsider the potential impact 

of certain requirements pursuant to SR– 

FINRA–2015–036 on smaller and midsized firms. Industry participants also 

requested that FINRA extend the 

implementation date pending such 

reconsideration. In response to these 

concerns, FINRA further extended the 

implementation date of the 

requirements of SR–FINRA–2015–036, 

other than the risk limit determination 

requirements, most recently to April 26, 

2022 (the ‘‘April 26, 2022 

implementation date’’),8 and, informed 

by extensive dialogue, both with 

industry participants and other 

regulators, including the staff of the SEC 

and the Federal Reserve System, FINRA 

proposed amendments to the 

requirements of SR–FINRA–2015–036 

(the ‘‘Proposed Amendments’’).9

The SEC, pursuant to delegated 

authority, approved the Proposed 

Amendments on January 20, 2022; 10

however, the Commission has stated 

that, in accordance with Rule 431(e) of 

the Commission’s Rules of Practice, the 

action approving the Proposed 

Amendments is stayed until the 

Commission orders otherwise.11 FINRA 

believes it is appropriate, in the interest 

of regulatory clarity, to adjust the 

implementation of the requirements 

pursuant to SR–FINRA–2015–036 

pending further action by the 

Commission on the Proposed 

Amendments. As such, FINRA is 

proposing to extend the April 26, 2022 

implementation date to October 26, 

2022. FINRA notes that the risk limit 

determination requirements pursuant to 

SR–FINRA–2015–036 became effective 

on December 15, 2016, and, as such, the 

implementation of such requirements is 

not affected by the proposed rule 

change. 

FINRA has filed the proposed rule 

change for immediate effectiveness and 

has requested that the Commission 

waive the requirement that the proposed 

rule change not become operative for 30 

days after the date of the filing. The 

operative date will be the date of filing 

of the proposed rule change. 

2. Statutory Basis 

FINRA believes that the proposed rule 

change is consistent with the provisions 

of Section 15A(b)(6) of the Act,12 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 serves the interest 

of regulatory clarity in the Covered 

Agency Transaction market pending 

further Commission action on the 

Proposed Amendments. FINRA believes 

that this will thereby protect investors 

and the public interest by helping to 

promote stability in the Covered Agency 

Transaction market. 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Notices 13339 

13 15 U.S.C. 78s(b)(3)(A). 

14 17 CFR 240.19b–4(f)(6). 

15 17 CFR 240.19b–4(f)(6). 

16 17 CFR 240.19b–4(f)(6)(iii). 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. 

FINRA has satisfied this requirement. 

17For purposes of waiving the 30-day operative 

delay, the Commission has also considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

18 17 CFR 200.30–3(a)(12). 

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

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

FINRA does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. FINRA 

believes that extending the April 26, 

2022 implementation date to October 

26, 2022, pending further Commission 

action on the Proposed Amendments, 

will help to provide clarity to industry 

participants and to promote stability in 

the Covered Agency Transaction market, 

thereby benefiting all parties. 

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 13 and Rule 19b– 

4(f)(6) thereunder.14

A proposed rule change filed under 

Rule 19b–4(f)(6) 15 normally does not 

become operative for 30 days after the 

date of filing. However, pursuant to 

Rule 19b–(f)(6)(iii),16 the Commission 

may designate a shorter time if such 

action is consistent with the protection 

of investors and the public interest. 

FINRA has requested that the 

Commission waive the 30-day operative 

delay so that the proposal may become 

operative upon filing. FINRA has stated 

that the proposed rule change will help 

to provide clarity to industry 

participants and to promote stability in 

the Covered Agency Transaction market 

pending further Commission Action on 

the Proposed Amendments. 

The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest 

because the proposal to extend the 

implementation date of the amendments 

to Rule 4210 pursuant to SR–FINRA– 

2015–036 (other than the amendments 

pursuant to SR–FINRA–2015–036 that 

were implemented on December 15, 

2016) does not raise any new or novel 

issues and will reduce any potential 

uncertainty in the Covered Agency 

Transaction market. Therefore, the 

Commission hereby waives the 30-day 

operative delay requirement and 

designates the proposed rule change as 

operative upon filing.17

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 

• Use the Commission’s internet 

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

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

FINRA–2022–003 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–FINRA–2022–003. 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 (http://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 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–2022–003 

and should be submitted on or before 

March 30, 2022. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.18

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–04920 Filed 3–8–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–94353; File No. SR–MIAX– 

2021–58] 

Self-Regulatory Organizations; Miami 

International Securities Exchange, 

LLC; Notice of Filing of Amendment 

Nos. 1 and 2 and Order Granting 

Accelerated Approval of a Proposed 

Rule Change, as Modified by 

Amendment Nos. 1 and 2, To Adopt 

Exchange Rule 532, Order and Quote 

Price Protection Mechanisms and Risk 

Controls 

March 3, 2022. 

I. Introduction 

On November 16, 2021, Miami 

International Securities Exchange, LLC 

(‘‘MIAX Options’’ or the ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (the ‘‘Commission’’), 

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

Securities Exchange Act of 1934 (the 


jspears on DSK121TN23PROD with NOTICES1