34740 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 

28 15 U.S.C 78s(b)(3)(A). 

29 17 CFR 240.19b–4(f)(6). 

30 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4 15 U.S.C. 78s(b)(3)(A)(iii). 

5 17 CFR 240.19b–4(f)(6). 

6See SR–NYSECHX–2022–10. 

7 In 2013, the Commission approved the New 

York Stock Exchange LLC’s (‘‘NYSE’’) adoption of 

FINRA’s disciplinary rules. See Securities Exchange 

Act Release No. 69045 (March 5, 2013), 78 FR 

15394 (March 11, 2013) (SR–NYSE–2013–02). In 

2016, NYSE American LLC (‘‘NYSE American’’) 

adopted its Rule 8000 and Rule 9000 Series based 

on the NYSE and FINRA Rule 8000 and Rule 9000 

Series. See Securities Exchange Act Release Nos. 

77241 (February 26, 2016), 81 FR 11311 (March 3, 

(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) 28 of the 

Act and paragraph (f) of Rule 19b–4(f)(6) 

thereunder.29

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. 

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– 

NSCC–2022–007 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549. 

All submissions should refer to File 

Number SR–NSCC–2022–007. 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 

10:00 a.m. and 3:00 p.m. Copies of the 

filing also will be available for 

inspection and copying at the principal 

office of NSCC and on DTCC’s website 

(https://dtcc.com/legal/sec-rulefilings.aspx). All comments received 

will be posted without change; the 

Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–NSCC– 

2022–007 and should be submitted on 

or before June 28, 2022. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.30

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–12171 Filed 6–6–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–95015; File No. SR– 

NYSECHX–2022–09] 

Self-Regulatory Organizations; NYSE 

Chicago, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Adopt a New Rule 

11.2210 

June 1, 2022. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on May 20, 

2022, the NYSE Chicago, Inc. (‘‘NYSE 

Chicago’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared by the Exchange. The 

Exchange filed the proposed rule change 

as a ‘‘non-controversial’’ proposed rule 

change pursuant to Section 

19(b)(3)(A)(iii) of the Act 4 and Rule 

19b–4(f)(6) thereunder.5 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, in 

connection with a companion filing to 

adopt investigation, disciplinary, 

sanction, and other procedural rules 

modeled on the rules of its affiliates, to 

adopt a new Rule 11.2210 governing 

communications with the public that 

would incorporate FINRA Rule 2210 by 

reference and rename and amend 

Article 8, Rule 13 governing advertising, 

promotion and telemarketing. 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 

In connection with a companion filing 

to adopt investigation, disciplinary, 

sanction, and other procedural rules 

modeled on the rules of its affiliates,6

the Exchange proposes to adopt a new 

Rule 11.2210 (Communications with the 

Public) governing communications with 

the public that would incorporate 

FINRA Rule 2210 by reference and 

rename and amend Article 8, Rule 13 

governing advertising, promotion and 

telemarketing. 

Background 

Beginning in 2013, each of the 

Exchange’s affiliates have adopted rules 

relating to investigation, discipline, 

sanction, and other procedural rules 

based on the rules of the Financial 

Industry Regulatory Authority 

(‘‘FINRA’’).7 To facilitate rule 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 34741 

2016) (SR–NYSEMKT–2016–30). In 2018, the 

Commission approved NYSE National, Inc.’s 

(‘‘NYSE National’’) adoption of the NYSE National 

Rule 10.8000 and Rule 10.9000 Series based on the 

NYSE American and FINRA Rule 8000 and Rule 

9000 Series. See Securities Exchange Act Release 

No. 83289 (May 17, 2018), 83 FR 23968 (May 23, 

2018) (SR–NYSENat–2018–02). In 2019, NYSE 

Arca, Inc. (‘‘NYSE Arca’’) adopted the NYSE Arca 

Rule 10.8000 and 10.9000 Series based on the NYSE 

American Rule 8000 and Rule 9000 Series. See 

Securities Exchange Act Release No. 85639 (April 

12, 2019), 84 FR 16346 (April 18, 2019) (SR– 

NYSEArca–2019–15). 

8See Securities Exchange Act Release No. 83289 

(May 17, 2018), 83 FR 23968 (May 23, 2018) (SR– 

NYSENat–2018–02). The Exchange also proposes to 

insert a space between ‘‘Rule 11.5190’’ and 

‘‘Notification’’ in the heading following proposed 

Rule 11.2210. 

9Article 8, Rule 13(a) is currently subject to a 

plan for the allocation of regulatory responsibilities 

pursuant to Rule 17d–2 of the Act that the Exchange 

and FINRA have filed with the Commission (‘‘17d– 

2 Plan’’). See 17 CFR 240.17d–2; Securities 

Exchange Act Release No. 62657 (August 5, 2010), 

75 FR 49005 (August 12, 2010) (No. 4–274) (Notice); 

Securities Exchange Act Release No. 62866 

(September 8, 2010), 75 FR 55833 (August 14, 2010) 

(No. 4–274) (Order). The Exchange and FINRA are 

also parties to a Regulatory Services Agreement 

pursuant to which FINRA has agreed to perform 

certain regulatory functions of the Exchange on 

behalf of the Exchange and which cover the 

remaining subsections of Article 8, Rule 13 with the 

exception of subsection (d). See note 8, infra. 

10Article 8, Rule 13(d) is in fact part of the 

existing 17d–2 Plan. See Securities Exchange Act 

Release No. 85921 (May 23, 2019), 84 FR 25105 

(May 30, 2019) (No. 4–274) (Notice); Securities 

Exchange Act Release No. 86161 (June 20, 2019), 84 

FR 29923 (June 25, 2019) (No. 4–274) (Order). 

11See 15 U.S.C. 78s(b). 

12 15 U.S.C. 78f(b). 

13 15 U.S.C. 78f(b)(5). 

harmonization among self-regulatory 

organizations, the Exchange has 

separately proposed the NYSE Chicago 

Rule 10.8000 and 10.9000 Series based 

on the text of the NYSE Arca Rule 

10.8000 and Rule 10.9000 Series, with 

certain changes, as described in its 

companion filing. 

The proposed NYSE Chicago Rule 

10.8000 and 10.9000 Series contain 

rules that presume that the Exchange 

has adopted FINRA Rule 2210. 

Specifically, Rule 10.9551 (Failure to 

Comply with Public Communication 

Standards Pursuant to FINRA Rule 2210 

as Incorporated by Reference in Rule 

11.2210) would permit Exchange 

regulatory staff to issue a written notice 

requiring a Participant or Participant 

Firm to file communications with 

FINRA’s Advertising Regulation 

Department at least 10 days prior to use 

if the staff determined that the 

Participant or Participant Firm had 

departed from the standards of proposed 

Rule 11.2210. The Participant or 

Participant Firm could file a written 

request for a hearing with the Office of 

Hearing Officers pursuant to proposed 

Rule 10.9559. FINRA Rule 2210 

proposed to be incorporated by 

reference in proposed Rule 11.2210 

references the procedures in FINRA 

Rules 9551 and 9559, which are 

substantially the same as those in 

proposed Rules 10.9551 and 10.9559. 

Similarly, FINRA Rule 2210 proposed to 

be incorporated by reference in 

proposed Rule 11.2210 references the 

procedures in the FINRA Rule 9600 

Series for obtaining exemptive relief as 

permitted under FINRA Rule 2210. The 

FINRA Rule 9600 Series is substantially 

the same as the proposed Rule 10.9600 

Series. 

Current Article 8, Rule 13 governs 

advertising, promotion and 

telemarketing. 

Proposed Rule Change 

Proposed Rule 11.2210 would provide 

that Participants, Participant Firms and 

covered persons shall comply with 

FINRA Rule 2210, which is 

incorporated by reference herein, as if 

such Rule were part of the Exchange’s 

rules. The proposed rule would further 

provide that references to FINRA Rule 

2210 would be construed as references 

to Rule 11.2210. The proposed rule 

would also provide that references to 

FINRA Rules 9551 and 9559 and to the 

FINRA Rule 9600 Series in FINRA Rule 

2210 shall be construed as references to 

the Exchange’s Rules 10.9551 and 

10.9559 and to the Rule 10.9600 Series, 

respectively. Finally, proposed Rule 

11.2210 would provide that all defined 

terms, including any variations thereof, 

contained in the rule shall be read to 

refer to the Exchange-related meaning of 

such term. The proposed rule is the 

same as the version adopted by the 

Exchange’s affiliate NYSE National 

except that the Exchange would use 

‘‘Participants’’ and ‘‘Participant Firms’’ 

rather than ‘‘ETP Holders’’ and would 

use ‘‘covered persons’’ rather than 

‘‘Associated Persons of ETP Holders.’’ 8

Article 8, Rule 13, which governs 

advertising, promotion and 

telemarketing, would be renamed 

‘‘Telemarketing’’ by deleting 

‘‘Advertising’’ and ‘‘Promotion’’ from 

the current heading. The Exchange 

would also amend current Article 8, 

Rule 13 to remove those portions of the 

current rule that are duplicative of the 

standards set forth in FINRA Rule 2210. 

Specifically, the Exchange would delete 

subsection (a) prohibiting false and 

misleading advertisement, which is 

duplicative of FINRA Rule 

2210(d)(1)(B); 9 subsection (b) setting 

forth categories and standards of 

advertisement, which is duplicative of 

FINRA Rule 2210(a); and subsection (c) 

governing market letters and sales 

literature, which is duplicative of the 

approval and review requirements set 

forth in FINRA Rule 2210(b). The 

remaining thirteen subsections of 

Article 8, Rule 13 from (d) to (p) 

governing telemarketing practices 

would become new subsections (a) to 

(m), respectively. The remaining 

subsections of Article 8, Rule 13 overlap 

with FINRA Rule 3230 

(Telemarketing).10

Exemption Request 

The Exchange will request an 

exemption under Section 36 of the Act 

from the rule filing requirements of 

Section 19(b) of the Act with respect to 

the incorporation by reference of 

proposed Rule 11.2210 and to the extent 

Rule 11.2210 is effected solely by virtue 

of a change to cross-referenced FINRA 

rule.11

Implementation 

The proposed rule changes that are 

the subject of this filing will be 

operative on the same date that the new 

disciplinary rules will be effective but 

only if the Exchange’s request for an 

exemption under Section 36 of the Act 

from filing proposed rule changes, 

described above, is granted by that date. 

As explained in the Exchange’s 

companion filing to adopt new 

disciplinary rules, once that proposed 

rule change is effective, the Exchange 

intends to announce by Information 

Memorandum with at least 30 days 

advance notice the operative date of the 

new rules. In the event the exemption 

is not granted by date announced in the 

proposed Information Memorandum, 

the Exchange will submit a filing to 

designate a different operative date. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) of the 

Act,12 in general, and furthers the 

objectives of Section 6(b)(5) of the Act,13

in particular, 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 proposed 

Rule 11.2210, which would be new for 

the Exchange, would provide for a 

harmonized approach and promote 

application of consistent regulatory 

standards to Participant and Participant 


jspears on DSK121TN23PROD with NOTICES1
34742 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 

14 15 U.S.C. 78s(b)(3)(A)(iii). 

15 17 CFR 240.19b–4(f)(6). 16 15 U.S.C. 78s(b)(2)(B). 17 17 CFR 200.30–3(a)(12). 

Firm requirements relating to 

communications with the public by 

incorporating by reference the FINRA 

communications with the public rule, 

thereby promoting just and equitable 

principles of trade and removing 

impediments to and perfecting the 

mechanism of a free and open market 

and a national market system, and in 

general, protecting investors and the 

public interest. In addition, 

incorporation of FINRA Rule 2210 by 

reference would add clarity and 

transparency to the Exchange’s rules by 

separating the standards governing 

communications with the public and 

telemarketing into distinct rules similar 

to the approach taken by FINRA. 

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 change is not designed to 

address any competitive issue but rather 

to provide greater harmonization 

between Exchange and FINRA rules of 

similar purpose relating to 

communications with the public. 

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 14 and Rule 

19b–4(f)(6) thereunder.15 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. 

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) 16 of the Act 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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

NYSECHX–2022–09 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–NYSECHX–2022–09. 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 

10:00 a.m. and 3:00 p.m. Copies of the 

filing also will be available for 

inspection and copying at the principal 

office of the Exchange. 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–NYSECHX–2022–09 and 

should be submitted on or before June 

28, 2022. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–12167 Filed 6–6–22; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #17383 and #17384; 

WASHINGTON Disaster Number WA–00104] 

Presidential Declaration of a Major 

Disaster for the State of Washington 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 1. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for the State of Washington 

(FEMA–4650–DR), dated 03/29/2022. 

Incident: Severe Winter Storms, 

Straight-line Winds, Flooding, 

Landslides, and Mudslides. 

Incident Period: 12/26/2021 through 

01/15/2022. 

DATES: Issued on 05/17/2022. 

Physical Loan Application Deadline 

Date: 05/30/2022. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 12/29/2022. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street SW, Suite 6050, 

Washington, DC 20416, (202) 205–6734. 

SUPPLEMENTARY INFORMATION: The notice 

of the President’s major disaster 

declaration for the State of Washington, 

dated 03/29/2022, is hereby amended to 

re-establish the incident period for this 

disaster as beginning 12/26/2021 

through 01/15/2022. 

All other information in the original 

declaration remains unchanged. 


jspears on DSK121TN23PROD with NOTICES1