[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Notices]
[Pages 12748-12752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04673]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94334; File No. SR-NYSEAMER-2022-11]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Change To Amend the NYSE 
American Options Proprietary Market Data Fee Schedule

March 1, 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 February 23, 2022, 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, II, 
and III 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE American Options 
Proprietary Market Data Fee Schedule (``Fee Schedule'') to adopt fees 
for the NYSE Options Open-Close Volume Summary market data product, 
effective March 1, 2022. The proposed 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 the Fee Schedule to adopt fees for 
the NYSE Options Open-Close Volume Summary,\4\ which will be available 
for purchase by any market participant, i.e., members \5\ and non-
members. The Exchange proposes to implement fees for the NYSE Options 
Open-Close Volume Summary market data product on March 1, 2022. The 
proposed fees would be applied equally to all market participants and 
all market participants would receive the same information in the data 
feed.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 93803 (December 16, 
2021), 86 FR 72647 (December 22, 2021) (SR-NYSEAmerican-2021-46) 
(Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change To Adopt a New Historical Market Data Product To Be Known as 
the NYSE Options Open-Close Volume Summary) (``Product Filing'').
    \5\ Members of the Exchange are member organizations, members, 
ETP Holders and ATP Holders.
---------------------------------------------------------------------------

Background
    By way of background, pursuant to the Product Filing, the Exchange 
adopted two versions of the NYSE Options Open-Close Volume Summary: An 
End of Day Volume Summary market data product and an Intra-Day

[[Page 12749]]

Volume Summary market data product. The Exchange will initially offer 
the End of Day Volume Summary market data product and the purpose of 
this filing is to adopt fees for the End of Day Volume Summary market 
data product.\6\ The End of Day Volume Summary provides a volume 
summary of trading activity on the Exchange at the option level by 
origin (Customer, Professional Customer, Firm, Broker-Dealer, and 
Market Maker \7\), side of the market (buy or sell), contract volume, 
and transaction type (opening or closing). The Customer, Professional 
Customer, Firm, Broker-Dealer, and Market Maker volume is further 
broken down into trade size buckets (less than 100 contracts, 100-199 
contracts, greater than 199 contracts). The NYSE Options Open-Close 
Volume Summary is proprietary Exchange trade data and does not include 
trade data from any other exchange. It is also a historical data 
product and not a real-time data feed.
---------------------------------------------------------------------------

    \6\ The Exchange intends to offer the Intra-Day Volume Summary 
market data product when the NYSE American options market 
transitions to the Pillar trading platform, anticipated for Q4 2022. 
The Exchange will submit a separate proposed rule change to 
establish fees for the Intra-Day Volume Summary market data product 
prior to its launch.
    \7\ The terms Customer, Professional Customer, Firm and Market 
Maker are defined in Rule 900.2NY. Definitions.
---------------------------------------------------------------------------

    The Exchange anticipates a wide variety of market participants to 
purchase the End of Day Volume Summary data product, including, but not 
limited to, individual customers, buy-side investors, and investment 
banks. The Exchange believes the End of Day Volume Summary would 
provide subscribers data that should enhance their ability to analyze 
options trade and volume data, and to create and test trading models 
and analytical strategies. The Exchange believes the End of Day Volume 
Summary will be a valuable tool that subscribers can use to gain 
comprehensive insight into the trading activity in a particular options 
series. The End of Day Volume Summary is a completely voluntary 
product, in that the Exchange is not required by any rule or regulation 
to make this data available and that potential subscribers may purchase 
it only if they voluntarily choose to do so. The Exchange notes that 
other exchanges offer a similar product.\8\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release Nos. 89497 (August 6, 
2020), 85 FR 48747 (August 12, 2020) (SR-CboeBZX-2020-059); 89498 
(August 6, 2020), 85 FR 48735 (August 12, 2020) (SR-Cboe-EDGX-2020-
36);85817 (May 9, 2019), 84 FR 21863 (May 15, 2019) (SR-CBOE-2019-
026); 89496 (August 6, 2020), 85 FR 48743 (August 12, 2020) (SR-C2-
2020-010); 89586 (August 17, 2020), 85 FR 51833 (August 21, 2020) 
(SR-C2-2020-012); 62887 (September 10, 2010), 75 FR 57092 (September 
17, 2010) (SR-Phlx-2010-121); 65587 (October 18, 2011), 76 FR 65765 
(October 24, 2011) (SR-NASDAQ-2011-144); 61317 (January 8, 2010), 75 
FR 2915 (January 19, 2010) (SR-ISE-2009-103); 81632 (September 15, 
2017), 82 FR 44235 (September 21, 2017) (SR-GEMX-2017-42); 91963 
(May 21, 2021), 86 FR 28662 (May 27, 2021) (SR-EMERALD-2021-18); 
91964 (May 21, 2012), 86 FR 28667 (May 27, 2021) (SR-PEARL-2021-24); 
and 91965 (May 21, 2021), 86 FR 28665 (May 27, 2021) (SR-MIAX-2021-
18).
---------------------------------------------------------------------------

    The End of Day Volume Summary is subject to direct competition from 
similar end of day options trading summaries offered by other options 
exchanges.\9\ All of these exchanges offer essentially the same end of 
day options trading summary information. The options trading summary 
files offered by the Exchange's competitors are substitutes, not 
complements. The End of Day Volume Summary provides data on options 
market activity which can be used to infer longer-term trends. The 
information provided by one exchange is generally similar to that 
provided by other exchanges because order flow can move from one 
exchange to another, and market sentiment trends that appear on one 
exchange are likely to be similar to the sentiment trends on other 
exchanges. The key differentiator in the quality of the data depends on 
the volume of transactions on a given exchange. The greater the volume 
of transactions, the greater the value of the data.
---------------------------------------------------------------------------

    \9\ See note 8, supra.
---------------------------------------------------------------------------

Proposed Rule Change
    The Exchange proposes to adopt subscription fees for the purchase 
of the End of Day Volume Summary on a monthly basis. The Exchange 
proposes to assess a fee of $750 per month for subscribing to the End 
of Day Volume Summary. The Exchange also proposes that for mid-month 
subscriptions, new subscribers will be charged for the full calendar 
month for which they subscribe and will be provided NYSE Options Open-
Close Volume Summary data for each trading day of the calendar month in 
which they subscribed. The proposed monthly fees will apply to all 
market participants. The Exchange notes that other exchanges provide 
similar data products that may be purchased on a monthly basis and are 
comparably priced.\10\
---------------------------------------------------------------------------

    \10\ See Price List--U.S. Derivatives Data for Nasdaq PHLX, LLC 
(``PHLX''), The Nasdaq Stock Market, LLC (``Nasdaq''), Nasdaq ISE, 
LLC (``ISE''), and Nasdaq GEMX, LLC (``GEMX''), available at http://www.nasdaqtrader.com/Trader.aspx?id=DPPriceListOptions#web. 
Particularly, PHLX offers ``Nasdaq PHLX Options Trade Outline 
(PHOTO)'' and assesses $750 per month for an end of day 
subscription; Nasdaq offers the ``Nasdaq Options Trade Outline 
(NOTO)'' and assesses $500 per month for an end of day subscription; 
ISE offers the ``Nasdaq ISE Open/Close Trade Profile'' and assesses 
$750 per month for an end of day subscription; and GEMX offers the 
``Nasdaq GEMX Open/Close Trade Profile'' and assesses $500 per month 
for an end of day subscription. Cboe EDGX Exchange, Inc. (``EDGX'') 
assesses $500 per month for an end of day subscription and Cboe BZX 
Exchange, Inc. (``BZX'') assesses $500 per month for an end of day 
subscription. See EDGX fee schedule available at http://markets.cboe.com/us/options/membership/fee_schedule/edgx/; and BZX 
fee schedule available at http://markets.cboe.com/us/options/membership/fee_schedule/bzx/. Miami International Securities 
Exchange, LLC (``MIAX''), MIAX Emerald, LLC (``Emerald'') and MIAX 
PEARL, LLC (``PEARL'') each assesses $600 per month for an end of 
day subscription. See MIAX Fee Schedule, available at https://www.miaxoptions.com/sites/default/files/fee_schedule-files/MIAX_Options_Fee_Schedule_09282021.pdf; Emerald Fee Schedule, 
available at https://www.miaxoptions.com/sites/default/files/fee_schedule-files/MIAX_Emerald_Fee_Schedule_09282021.pdf; and PEARL 
Fee Schedule, available at https://www.miaxoptions.com/sites/default/files/fee_schedule-files/MIAX_Pearl_Options_Fee_Schedule_092821.pdf.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\11\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\12\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, and to protect investors and the public 
interest, and that it is not designed to permit unfair discrimination 
among customers, brokers, or dealers. The Exchange also believes that 
its proposal to adopt fees for the End of Day Volume Summary market 
data product is consistent with Section 6(b) of the Act \13\ in 
general, and furthers the objectives of Section 6(b)(4) of the Act \14\ 
in particular, in that it is an equitable allocation of dues, fees and 
other charges among its members and other recipients of Exchange data.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In adopting Regulation NMS, the Commission granted self-regulatory 
organizations (``SROs'') and broker-dealers increased authority and 
flexibility to offer new and unique market data to the public. It was 
believed that this authority would expand the amount of data available 
to users and consumers of such data and also spur innovation and 
competition for the provision of market data. Particularly, the End of 
Day Volume Summary further broadens the availability of U.S. options 
market data to investors consistent with the principles of Regulation 
NMS.

[[Page 12750]]

Subscribers to the data may also be able to enhance their ability to 
analyze options trade and volume data and create and test trading 
models and analytical strategies. The Exchange believes the End of Day 
Volume Summary would provide a valuable tool that subscribers can use 
to gain comprehensive insight into the trading activity in a particular 
series, but also emphasizes such data is not necessary for trading. 
Moreover, other exchanges offer a similar data product.\15\
---------------------------------------------------------------------------

    \15\ See note 8, supra.
---------------------------------------------------------------------------

    The Exchange operates in a highly competitive market. Indeed, there 
are currently 16 registered options exchanges competing for order flow. 
Based on publicly-available information, and excluding index-based 
options, no single exchange has more than 16% of the market share of 
executed volume of multiply-listed equity and ETF options trades.\16\ 
Therefore, currently no exchange possesses significant pricing power in 
the execution of multiply-listed equity and ETF options order flow. 
More specifically, in November 2021, the Exchange had less than 8% 
market share of executed volume of multiply-listed equity and ETF 
options trades.\17\
---------------------------------------------------------------------------

    \16\ The Options Clearing Corporation (``OCC'') publishes 
options and futures volume in a variety of formats, including daily 
and monthly volume by exchange, available here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics.
    \17\ Based on OCC data for monthly volume of equity-based 
options and monthly volume of ETF-based options, see id., the 
Exchange's market share in multiply-listed equity and ETF options 
was 9.09% for the month of November 2020 and 7.06% for the month of 
November 2021.
---------------------------------------------------------------------------

    The Commission has repeatedly expressed its preference for 
competition over regulatory intervention in determining prices, 
products, and services in the securities markets. Specifically, in 
Regulation NMS, the Commission highlighted the importance of market 
forces in determining prices and SRO revenues, and also recognized that 
current regulation of the market system ``has been remarkably 
successful in promoting market competition in its broader forms that 
are most important to investors and listed companies.'' \18\
---------------------------------------------------------------------------

    \18\ See Securities Exchange Act Release No. 51808 (June 9, 
2005), 70 FR 37496, 37499 (June 29, 2005).
---------------------------------------------------------------------------

    With respect to market data, the decision of the United States 
Court of Appeals for the District of Columbia Circuit in NetCoalition 
v. SEC upheld the Commission's reliance on the existence of competitive 
market mechanisms to evaluate the reasonableness and fairness of fees 
for proprietary market data:

    In fact, the legislative history indicates that the Congress 
intended that the market system ``evolve through the interplay of 
competitive forces as unnecessary regulatory restrictions are 
removed'' and that the SEC wield its regulatory power ``in those 
situations where competition may not be sufficient,'' such as in the 
creation of a ``consolidated transactional reporting system.'' \19\
---------------------------------------------------------------------------

    \19\ NetCoalition v. SEC, 615 F.3d 525, 535 (D.C. Cir. 2010) 
(quoting H.R. Rep. No. 94-229 at 92 (1975), as reprinted in 1975 
U.S.C.C.A.N. 323).

    The court agreed with the Commission's conclusion that ``Congress 
intended that `competitive forces should dictate the services and 
practices that constitute the U.S. national market system for trading 
equity securities.' '' \20\
---------------------------------------------------------------------------

    \20\ Id. at 535.
---------------------------------------------------------------------------

    More recently, the Commission confirmed that it applies a ``market-
based'' test in its assessment of market data fees, and that under that 
test:

The Commission considers whether the exchange was subject to 
significant competitive forces in setting the terms of its proposal 
for [market data], including the level of any fees. If an exchange 
meets this burden, the Commission will find that its fee rule is 
consistent with the Act unless there is a substantial countervailing 
basis to find that the terms of the rule violate the Act or the 
rules thereunder.\21\
---------------------------------------------------------------------------

    \21\ See Securities Exchange Act Release No. 34-90217 (October 
16, 2020), 85 FR 67392 (October 22, 2020) (SR-NYSENAT-2020-05) 
(internal quotation marks omitted), quoting Securities Exchange Act 
Release No. 59039 (December 2, 2008), 73 FR 74770, 74781 (December 
9, 2008) (ArcaBook Approval Order).

    Making similar historic data products available to market 
participants fosters competition in the marketplace, and constrains the 
ability of exchanges to charge supra-competitive fees. In the event 
that a market participant views one exchange's data product as more or 
less attractive than the competition they can and do switch between 
similar products. The proposed fees are a result of the competitive 
environment, as the Exchange seeks to adopt fees to attract purchasers 
of the End of Day Volume Summary data product.
    The Exchange believes the proposed fees are reasonable as they are 
comparable to the fees assessed by other exchanges that provide similar 
data products.\22\ Indeed, proposing fees that are excessively higher 
than established fees for similar data products would simply serve to 
reduce demand for the Exchange's data product, which as noted, is 
entirely optional. Like the End of Day Volume Summary, other exchanges 
offer similar data products that each provide insight into trading on 
those markets and may likewise aid in assessing investor sentiment. 
Although each of these similar data products provide only proprietary 
trade data and not trade data from other exchanges, it is possible 
investors are still able to gauge overall investor sentiment across 
different option series based on open and closing interest on any one 
exchange. Similarly, market participants may be able to analyze option 
trade and volume data, and create and test trading models and 
analytical strategies using only the End of Day Volume Summary data 
relating to trading activity on one or more of the other markets that 
provide similar data products. As such, if a market participant views 
another exchange's data as more attractive than the Exchange's data 
product, then such market participant can merely choose not to purchase 
the Exchange's data product and instead purchase another exchange's 
product, which offer similar data points, albeit based on that other 
market's trading activity.
---------------------------------------------------------------------------

    \22\ See, note 10, supra.
---------------------------------------------------------------------------

    The Exchange also believes the proposed fees are reasonable as they 
would support the introduction of a new historic market data product 
that is designed to aid investors by providing insight into trading on 
the Exchange. Once the End of Day Volume Summary is made available, it 
would provide options market participants with valuable information 
about opening and closing transactions executed on the Exchange 
throughout the trading day, similar to other trade data products 
offered by competing options exchanges. In turn, this data would assist 
market participants in gauging investor sentiment and trading activity, 
resulting in potentially better-informed trading decisions. As noted 
above, subscribers may also use such data to create and test trading 
models and analytical strategies.
    Selling historic market data is also a means by which exchanges 
compete to attract business. To the extent that the Exchange is 
successful in attracting subscribers to the Exchange's historic data 
product, it may earn trading revenues and further enhance the value of 
its data products. If the market deems the proposed fees to be unfair 
or inequitable, subscribers can diminish or discontinue their use of 
the historic data and/or avail themselves of similar products offered 
by other exchanges.\23\ The Exchange therefore believes that the 
proposed fees reflect the competitive environment and would be properly 
and equally assessed to all subscribers. The Exchange also believes the 
proposed fees are equitable and not unfairly discriminatory as the fees 
would apply

[[Page 12751]]

equally to all subscribers who choose to purchase such data. Nothing in 
this proposal treats any category of market participant any differently 
from any other category of market participant. The End of Day Volume 
Summary is available to all market participants, i.e., members and non-
members, and all market participants would receive the same information 
in the data feed.
---------------------------------------------------------------------------

    \23\ See, note 8, supra.
---------------------------------------------------------------------------

    As noted above, the Exchange anticipates a wide variety of market 
participants to purchase the Exchange's data product, including but not 
limited to individual customers, buy-side investors and investment 
banks. The Exchange reiterates that the decision as to whether or not 
to purchase the End of Day Volume Summary is entirely optional for all 
potential subscribers. Indeed, no market participant is required to 
purchase the data product, and the Exchange is not required to make the 
data product available to market participants. Rather, the Exchange is 
voluntarily making the End of Day Volume Summary data product 
available, as requested by customers, and market participants may 
choose to receive (and pay for) this data based on their own business 
needs. Potential subscribers may request the data at any time if they 
believe it to be valuable or may decline to purchase such data.
    In sum, the fierce competition for order flow constrains any 
exchange from pricing its historic market data at a supra-competitive 
price, and constrains the Exchange here in setting its fees for the End 
of Day Volume Summary data product. As described above, the Exchange's 
data product competes head-to-head with numerous products currently 
available in the marketplace. These products each serve as reasonable 
substitutes for one another as they are each designed to provide data 
on options market activity which can be used to infer longer-term 
trends. The information provided by one exchange is generally similar 
to that provided by other exchanges because order flow can move from 
one exchange to another, and market sentiment trends that appear on one 
exchange are likely to be similar to the sentiment trends on other 
exchanges. The key differentiator in the quality of the data depends on 
the volume of transactions on a given exchange. The greater the volume 
of transactions, the greater the value of the historic data. The 
proposed fees are therefore reasonable because in setting them, the 
Exchange is constrained by the availability of numerous substitute 
venues offering historic market data products and trading. Such 
substitutes need not be identical, but only substantially similar to 
the product at hand.
    More specifically, in setting fees for the End of Day Volume 
Summary, the Exchange is constrained by the fact that, if its pricing 
is unattractive to subscribers, subscribers have their pick of an 
increasing number of alternative venues to use instead of the Exchange. 
The existence of numerous alternatives to the Exchange ensures that the 
Exchange cannot set unreasonable fees for historic market data without 
suffering the negative effects of that decision in the fiercely 
competitive market in which it operates.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange 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. The Exchange 
also does not believe the proposed fees would cause any unnecessary or 
inappropriate burden on intermarket competition as other exchanges are 
free to introduce their own comparable historic data product and adopt 
fees to better compete with the Exchange's offering. Rather, the 
Exchange believes that the proposal will promote competition by 
permitting the Exchange to sell a data product similar to those offered 
by other competitor options exchanges.\24\ The Exchange is offering the 
End of Day Volume Summary in order to keep pace with changes in the 
industry and evolving customer needs, and believes the data product 
will contribute to robust competition among national securities 
exchanges. At least eight other U.S. options exchanges offer a market 
data product that is substantially similar to the Exchange's offering. 
As a result, the Exchange believes this proposed rule change permits 
fair competition among national securities exchanges.
---------------------------------------------------------------------------

    \24\ Id.
---------------------------------------------------------------------------

    Furthermore, the Exchange operates in a highly competitive 
environment, and its ability to price End of Day Volume Summary is 
constrained by competition among exchanges that offer similar data 
products to their customers. As discussed above, there are currently a 
number of similar products available to market participants and 
investors. At least eight other U.S. options exchanges offer a market 
data product that is substantially similar to the Exchange's offering, 
which the Exchange must consider in its pricing discipline in order to 
compete effectively.\25\ For example, proposing fees that are 
excessively higher than established fees for similar data products 
would simply serve to reduce demand for the Exchange's data product, 
which as discussed, market participants are under no obligation to 
utilize or purchase. In this competitive environment, potential 
purchasers are free to choose which, if any, similar product to 
purchase to satisfy their need for market information. As a result, the 
Exchange believes this proposed rule change permits fair competition 
among national securities exchanges.
---------------------------------------------------------------------------

    \25\ See, note 10, supra.
---------------------------------------------------------------------------

    The Exchange does not believe the proposed rule change would cause 
any unnecessary or inappropriate burden on intramarket competition. 
Particularly, the proposed fees would apply uniformly to any 
subscriber, in that the Exchange would not differentiate between 
subscribers that purchase the End of Day Volume Summary and all 
subscribers would receive the same information in the data feed. The 
Exchange believes the proposed fees are set at a modest level that 
would allow interested subscribers to purchase such data based on their 
business needs.

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 foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \26\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \27\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(3)(A).
    \27\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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) \28\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(2)(B).

---------------------------------------------------------------------------

[[Page 12752]]

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 [email protected]. Please include 
File Number SR-NYSEAMER-2022-11 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-2022-11. 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-2022-11 and should be submitted 
on or before March 28, 2022.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\29\
---------------------------------------------------------------------------

    \29\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-04673 Filed 3-4-22; 8:45 am]
BILLING CODE 8011-01-P


