Form 10-Q 30 Day Federal Register Notice

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Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Notices

would enable it to, among other things,
continue to meet its obligations in a
timely fashion and as an alternative to
selling Clearing Member collateral
under what may be stressed and volatile
market conditions. For these reasons,
OCC believes that the proposal is
consistent with Rule 17Ad–22(e)(7)(i).39
Rule 17Ad–22(e)(7)(ii) under the Act
requires OCC to establish, implement,
maintain and enforce written policies
and procedures reasonably designed to
hold qualifying liquid resources
sufficient to satisfy payment obligations
owed to Clearing Members.40 Rule
17Ad–22(a)(14) of the Act defines
‘‘qualifying liquid resources’’ to include,
among other things, lines of credit
without material adverse change
provisions, that are readily available
and convertible into cash.41 The MRA
under the Bank Repo Facility would not
be subject to any material adverse
change provision and would be
designed to permit OCC to, among other
things, help ensure that OCC has
sufficient, readily-available qualifying
liquid resources to meet the cash
settlement obligations of its largest
Clearing Member Group. Therefore,
OCC believes that the proposal is
consistent with Rule 17Ad–
22(e)(7)(ii).42
For the foregoing reasons, OCC
believes that the proposed changes are
consistent with Section 805(b)(1) of the
Clearing Supervision Act 43 and Rule
17Ad–22(e)(7) 44 under the Act.

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III. Date of Effectiveness of the Advance
Notice and Timing for Commission
Action
The proposed change may be
implemented if the Commission does
not object to the proposed change
within 60 days of the later of (i) the date
the proposed change was filed with the
Commission or (ii) the date any
additional information requested by the
Commission is received. OCC shall not
implement the proposed change if the
Commission has any objection to the
proposed change.
The Commission may extend the
period for review by an additional 60
days if the proposed change raises novel
or complex issues, subject to the
Commission providing the clearing
agency with prompt written notice of
the extension. A proposed change may
be implemented in less than 60 days
from the date the advance notice is
39 Id.
40 17

CFR 240.17Ad–22(e)(7)(ii).
CFR 240.17Ad–22(a)(14).
42 17 CFR 240.17Ad–22(e)(7)(ii).
43 12 U.S.C. 5464(b)(1).
44 17 CFR 240.17Ad–22(e)(7).
41 17

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filed, or the date further information
requested by the Commission is
received, if the Commission notifies the
clearing agency in writing that it does
not object to the proposed change and
authorizes the clearing agency to
implement the proposed change on an
earlier date, subject to any conditions
imposed by the Commission.
OCC shall post notice on its website
of proposed changes that are
implemented. The proposal shall not
take effect until all regulatory actions
required with respect to the proposal are
completed.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the advance notice 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–
OCC–2022–802 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Vanessa Countryman, Secretary,
Securities and Exchange Commission,
100 F Street NE, Washington, DC
20549–1090.
All submissions should refer to File
Number SR–OCC–2022–802. 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 advance notice that
are filed with the Commission, and all
written communications relating to the
advance notice 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 such
filing also will be available for
inspection and copying at the principal
office of OCC and on OCC’s website at
https://www.theocc.com/Company-

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Information/Documents-and-Archives/
By-Laws-and-Rules.
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–OCC–2022–802 and should
be submitted on or before August 16,
2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.45
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–15919 Filed 7–25–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–049, OMB Control No.
3235–0070]

Submission for OMB Review;
Comment Request: Extension: Form
10–Q
Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget this
request for extension of the previously
approved collection[s] of information
discussed below.
Form 10–Q (17 CFR 249.308a) is filed
by issuers of securities to satisfy their
quarterly reporting obligations pursuant
to Section 13 or 15(d) of the Exchange
Act (‘‘Exchange Act’’) (15 U.S.C. 78m or
78o(d)). The information provided by
Form 10–Q is intended to ensure the
adequacy of information available to
investors about an issuer. Form 10–Q
takes approximately 182.08663 hours
per response to prepare and is filed by
approximately 22,925 respondents. We
estimated that 75% of the
approximately 182.08663 hours per
response (136.56497 hours) is prepared
by the company for an annual reporting
burden of 3,130,752 hours (136.56497
hours per response × 22,925 responses).
An agency may conduct or sponsor,
and a person is not required to respond
45 17

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CFR 200.30–3(a)(12).

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Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Notices
to, a collection of information unless it
displays a currently valid control
number.
The public may view background
documentation for this information
collection at the following website:
www.reginfo.gov. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice by August 25, 2022 to (i)
www.reginfo.gov/public/do/PRAMain
and (ii) David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington,
DC 20549, or by sending an email to:
[email protected].
Dated: July 20, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–15911 Filed 7–25–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION

Self-Regulatory Organizations; NYSE
American LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend the NYSE
American Equities Price List and Fee
Schedule and the NYSE American
Options Fee Schedule Related to
Colocation
July 20, 2022.

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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 July 6,
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 the
NYSE American Equities Price List and
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15

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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

[Release No. 34–95338; File No. SR–
NYSEAMER–2022–28]

1 15

Fee Schedule and the NYSE American
Options Fee Schedule (together, the
‘‘Price List and Fee Schedule’’) related
to colocation to specify that the NMS
feeds that are included in the Included
Data Products are no longer available
over the Liquidity Center Network
(‘‘LCN’’). 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.

1. Purpose
The Exchange proposes to amend its
Price List and Fee Schedule related to
colocation to specify that the NMS feeds
that are included in the Included Data
Products are no longer available over
the Liquidity Center Network (‘‘LCN’’).4
Background
The LCN and the IP network are the
two local area networks in the Mahwah
Data Center that are available to Users.5
General Note 5 of the Price List and Fee
Schedule explains that when a User
purchases a service that includes access
to the LCN or IP network, it receives
4 The Exchange is an indirect subsidiary of
Intercontinental Exchange, Inc. (‘‘ICE’’). Each of the
Exchange’s affiliates New York Stock Exchange,
LLC, NYSE Arca, Inc., NYSE Chicago, Inc., and
NYSE National, Inc. (together, the ‘‘Affiliate SROs’’)
has submitted substantially the same proposed rule
change to propose the changes described herein.
See SR–NYSE–2022–27, SR–NYSEArca–2022–39,
SR–NYSECHX–2022–15, and SR–NYSENAT–2022–
10.
5 For purposes of the Exchange’s colocation
services, a ‘‘User’’ means any market participant
that requests to receive colocation services directly
from the Exchange. See Securities Exchange Act
Release No. 76009 (September 29, 2015), 80 FR
60213 (October 5, 2015) (SR–NYSEMKT–2015–67).
As specified in the Price List and Fee Schedule, a
User that incurs colocation fees for a particular
colocation service pursuant thereto would not be
subject to colocation fees for the same colocation
service charged by the Affiliate SROs.

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connectivity to any of the ‘‘Included
Data Products’’ that it selects, subject to
any technical provisioning requirements
and authorization from the provider of
the data feed. The Included Data
Products include, among others, the
‘‘NMS feeds,’’ which are the
Consolidated Tape System and
Consolidated Quote System (‘‘CTA’’ and
‘‘CQ,’’ respectively) data feeds and the
Options Price Reporting Authority
(‘‘OPRA’’) data feed.6
Before May 2020, connectivity to the
NMS feeds was available on only the
LCN and IP networks. In May 2020, the
Commission approved the Exchange’s
proposal to offer Users access to the new
‘‘NMS network,’’ an alternate, dedicated
network that connects to the NMS feeds
faster than the LCN or IP networks.7
Pursuant to that filing, the Exchange
amended the notes regarding the
services available in colocation to
provide that if a User purchases a
service that includes a 10 Gb or 40 Gb
LCN or IP network connection, that
service would also include a connection
to the NMS network of the same size, at
no additional charge.
Currently, the NMS feeds are
available to Users on all three of the
NMS network, IP network, and LCN, but
at varying speeds. The NMS feeds are
published first to the NMS network,
which then republishes them to the IP
network, which then republishes them
to the LCN. This means that
connectivity to the NMS feeds is fastest
over the NMS network and slowest over
the LCN. This also means that receiving
the NMS feeds from more than one of
these networks does not provide
redundancy protection to Users; if
connectivity to the NMS feeds over the
NMS network were to be interrupted, so
would connectivity to those feeds over
the IP network and LCN, since the three
networks publish the NMS feeds to each
other in sequence.
Despite the Exchange’s introduction
of the NMS network in May 2020, some
Users have failed to avail themselves of
the option to receive the NMS feeds
over that faster network at no additional
cost. Other Users have opted to receive
the NMS feeds over the NMS network,
but have not yet formally asked the
Exchange to stop also sending them the
NMS feeds over the other networks (i.e.,
6 See Securities Exchange Act Release No. 79728
(January 4, 2017), 82 FR 3035 (January 10, 2017)
(SR–NYSEMKT–2016–126).
7 See Securities Exchange Act Release No. 88837
(May 7, 2020), 85 FR 28671 (May 13, 2020) (SR–
NYSE–2019–46, SR–NYSEAMER–2019–34, SR–
NYSEArca–2019–61, SR–NYSENAT–2019–19). See
also Securities Exchange Act Release No. 88972
(May 29, 2020), 85 FR 34472 (June 4, 2020) (SR–
NYSECHX–2020–18).

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