On October 7, 2022, the U.S. Securities and Exchange Commission (SEC) announced that it will reopen the public comment periods for 11 rulemaking releases and one request for comment due to a technological error that resulted in a number of public comments submitted through the SEC's internet comment form not being received by the SEC. The technological error is known to have occurred as early as June 2021, although the SEC indicated that the majority of affected comments were submitted in August 2022. The reopened comment periods will be open for 14 days following publication of the reopening release in the Federal Register.
For several rulemaking items, no impact on timing is anticipated, but for final rules anticipated in October 2022 (including The Enhancement and Standardization of Climate-Related Disclosures for Investors), final rulemaking may be delayed beyond October in order to account for the reopened public comment period and the SEC's review of any comments submitted during that period. The SEC's latest rulemaking agenda, which includes the anticipated timing of proposed and final rulemakings, can be found here.
The impacted releases and request for comment are listed below.
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For questions regarding the SEC's rulemaking agenda or the timing of proposed or final rules, please contact any member of Wilson Sonsini's public company representation practice.