Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Notices 38225 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4The terms ‘‘Floor’’ and ‘‘Trading Floor’’ are 

defined in Rule 900.2NY(30) to mean ‘‘the options 

trading floor located at 11 Wall Street, New York, 

NY.’’ 

5See Rule 902NY(c). 

6See Securities Exchange Act Release No. 94217 

(February 10, 2022), 87 FR 8901 (February 16, 2022) 

(SR–NYSE–2021–73) (Order). 

7See Rule 6.2–O(c) establishing the Standards of 

Dress and Conduct and requirement that ‘‘[a]ll OTP 

Holders and OTP Firms are required to act in a 

manner consistent with a fair and orderly market 

and with the maintenance of public confidence in 

the Exchange. Accordingly, appropriate standards 

pertaining to dress and conduct on the Options 

Trading Floor, including, but not limited to, the 

following standards shall be observed:’’ 

8See proposed Rule 902NY(c). 

9 15 U.S.C. 78f(b). 

10 15 U.S.C. 78f(b)(4) and (5). 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–95135; File No. SR– 

NYSEAMER–2022–26] 

Self-Regulatory Organizations; NYSE 

American, LLC.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend Rule 902NY To 

Remove an Obsolete Reference 

June 21, 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 June 16, 

2022, NYSE American, LLC (‘‘NYSE 

American’’ 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend 

Rule 902NY(c) (Admission and Conduct 

on the Options Trading Floor) to remove 

an obsolete reference. 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 amend 

Rule 902NY(c) regarding that Standards 

of Dress and Conduct on the Exchange 

to remove an obsolete reference. 

Rule 902NYspecifies the requirements 

for conduct and dress for person to 

follow while on the Options Trading 

Floor.4 Rule 902NY(c) ‘‘Standards of 

Dress and Conduct’’, as follows: 

All ATP Holders are required to act in a 

manner consistent with a fair and orderly 

market and with the maintenance of public 

confidence in the Exchange. All persons on 

the Options Trading Floor shall comply with 

the standards of dress and conduct in 

Chapter 13, Floor Conduct Policy, of the 

NYSE Floor Officials Manual.5

The reference to Chapter 13, Floor 

Conduct Policy, of the NYSE Floor 

Officials Manual is obsolete. 

Historically, the behavior and conduct 

of NYSE members on the NYSE equities 

trading Floor was regulated by Floor 

Conduct and Safety Guidelines 

administered by NYSE Floor Officials. 

In 2021, however, the NYSE eliminated 

the role and function of NYSE Floor 

Officials and adopted a new Rule 37, 

setting forth standards of dress and 

conduct for the NYSE equities trading 

Floor modeled on Rule 902NY.6 As 

such, the second sentence of current 

Rule 902NY(c) is no longer applicable 

and the Exchange proposes to eliminate 

it. 

In place of the obsolete reference, the 

Exchange proposes to revise Rule 

902NY(c) to mirror language set forth in 

the analogous rule in place on the 

Exchange’s affiliate NYSE Arca 

(‘‘Arca’’). Arca Rule 6.2–O (Admission 

to and Conduct on the Options Trading 

Floor), is substantially similar to Rule 

902NY(c) in establishing standards of 

conduct and dress for persons while on 

the Arca options trading floors.7

Consistent with Arca Rule 6.2–O(c), 

proposed 902NY(c), regarding 

‘‘Standards of Dress and Conduct,’’ 

would establish that: 

All ATP Holders are required to act in a 

manner consistent with a fair and orderly 

market and with the maintenance of public 

confidence in the Exchange. Accordingly, 

appropriate standards pertaining to dress 

and conduct on the Options Trading Floor, 

including, but not limited to, the following 

standards shall be observed:’’ (emphasis 

added).8

The Exchange is not proposing any 

other changes to the standards of dress 

and conduct expected of ATP Holders 

when on the Options Trading Floor. 

2. Statutory Basis 

For the reasons set forth above, the 

Exchange believes the proposed rule 

change is consistent with Section 6(b) of 

the Act 9 in general, and furthers the 

objectives of Sections 6(b)(4) and (5) of 

the Act,10 in that it is designed to 

promote just and equitable principles of 

trade, 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 rule change would remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system by 

removing an obsolete reference (to the 

no longer used NYSE Floor Conduct 

Policy) and replacing this text with 

substantially identical text in the 

analogous rule on Arca, the Exchange 

affiliate options market. Moreover, the 

Exchange believes that by providing 

greater harmonization between 

Exchange rules and those of its affiliates 

that also have trading floors regarding 

access, conduct and decorum, the 

proposed rule change will foster 

cooperation and coordination with 

persons engaged in facilitating 

transactions in securities and will 

remove impediments to and perfect the 

mechanism of a free and open market 

and a national market system. 

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 rule change is not designed to 

address any competitive issues but 

rather relates to the removal of an 

outdated reference contained in rules 

regarding access, conduct and decorum 

on the Exchange’s trading floor and 

replacing such reference with language 

that is consistent with that of the 

Exchange’s affiliate options exchange— 

NYSE Arca, thus harmonizing rules 

across these exchanges. 


jspears on DSK121TN23PROD with NOTICES1
38226 Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Notices 

11 15 U.S.C. 78s(b)(3)(A)(iii). 

12 17 CFR 240.19b–4(f)(6). 

13 15 U.S.C. 78s(b)(3)(A)(iii). 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 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 Commission notes that the 

Exchange satisfied this requirement. 

14 17 CFR 240.19b–4(f)(6). 

15 17 CFR 240.19b–4(f)(6)(iii). 

16For 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). 

17 15 U.S.C. 78s(b)(2)(B). 

18 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. 

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 11 and Rule 

19b–4(f)(6) thereunder.12 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.13

A proposed rule change filed under 

Rule 19b–4(f)(6) 14 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b–4(f)(6)(iii),15 the 

Commission may designate a shorter 

time if such action is consistent with the 

protection of investors and the public 

interest. The Exchange has asked the 

Commission to waive the 30-day 

operative delay so it can immediately 

remove an obsolete reference in Rule 

902NY. The Commission is waiving the 

30-day operative delay as the proposal 

raises no new or novel issue and would 

allow the Exchange to immediately 

update its rule text to avoid potential 

investor confusion. Thus, the 

Commission believes waiving the 

operative delay is consistent with the 

protection of investors and the public 

interest. Accordingly, the Commission 

hereby waives the operative delay and 

designates the proposed rule change 

operative upon filing.16

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 

under Section 19(b)(2)(B) of the Act 17 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– 

NYSEAMER–2022–26 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–2022–26. 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–NYSEAMER–2022–26 and 

should be submitted on or before July 

18, 2022. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.18

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–13593 Filed 6–24–22; 8:45 am] 

BILLING CODE P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–95128; File No. SR– 

NYSENAT–2022–08] 

Self-Regulatory Organizations; NYSE 

National, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend the Certificate 

of Incorporation and Bylaws of Its 

Ultimate Parent Company, 

Intercontinental Exchange, Inc. 

June 21, 2022. 

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 15, 

2022, NYSE National, Inc. (‘‘NYSE 

National’’ 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 the 

certificate of incorporation and bylaws 

of its ultimate parent company, 

Intercontinental Exchange, Inc. (‘‘ICE’’), 

to (a) eliminate the supermajority voting 

provisions for amending the certificate 

of incorporation and bylaws, (b) provide 


jspears on DSK121TN23PROD with NOTICES1