30 Day Notice

3235-0600 30 Day Notice.pdf

Order Protection Rule - Rule 611 of Regulation NMS

30 Day Notice

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Federal Register / Vol. 85, No. 153 / Friday, August 7, 2020 / Notices
III. Date of Effectiveness of the
Proposed Rule Change as Modified by
Partial Amendment No. 1 and Timing
for Commission Action
Within 180 days after the date of
publication of the initial Notice of Filing
in the Federal Register or within such
longer period up to an additional 60
days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will issue an
order approving or disapproving such
proposed rule change, as amended.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change, as amended by Partial
Amendment No. 1, 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–
NYSENAT–2020–03 on the subject line.

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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–NYSENAT–2020–03. 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

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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–NYSENAT–2020–03, and
should be submitted on or before
August 28, 2020.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020–17247 Filed 8–6–20; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–540, OMB Control No.
3235–0600]

Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Extension:
Rule 611

Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the previously approved
collection of information provided for in
Rule 611 (17 CFR 242.611) under the
Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) (‘‘Exchange Act’’).
On June 9, 2005, effective August 29,
2005 (see 70 FR 37496, June 29, 2005),
the Commission adopted Rule 611 of
Regulation NMS under the Exchange
Act to require any national securities
exchange, national securities
association, alternative trading system,
exchange market maker, over-thecounter market maker, and any other
broker-dealer that executes orders
internally by trading as principal or
crossing orders as agent, to establish,
maintain, and enforce written policies
and procedures reasonably designed to
prevent the execution of a transaction in
its market at a price that is inferior to
a bid or offer displayed in another
12 17

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CFR 200.30–3(a)(12).

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market at the time of execution (a
‘‘trade-though’’), absent an applicable
exception and, if relying on an
exception, that are reasonably designed
to assure compliance with the terms of
the exception. Without this collection of
information, respondents would not
have a means to enforce compliance
with the Commission’s intention to
prevent trade-throughs pursuant to the
rule.
There are approximately 366
respondents 1 per year that will require
an aggregate total of approximately
21,960 hours per year to comply with
this Rule. It is anticipated that each
respondent will continue to expend
approximately 60 hours annually: Two
hours per month of internal legal time
and three hours per month of internal
compliance time to ensure that its
written policies and procedures are upto-date and remain in compliance with
Rule 611. The estimated cost for an inhouse attorney is $396 per hour and the
estimated cost for an assistant
compliance director in the securities
industry is $349 per hour. Therefore the
estimated total internal cost of
compliance for the annual hour burden
is as follows: [(2 legal hours × 12 months
× $396) × 366] + [(3 compliance hours
× 12 months × $349) × 366] =
$8,076,888.2
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB 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 to (i) www.reginfo.gov/public/do/
PRAMain and (ii) David Bottom,
Director/Chief Information Officer,
Securities and Exchange Commission, c/
o Cynthia Roscoe, 100 F Street NE,
1 This estimate includes 17 national securities
exchanges that are equity securities exchanges. The
estimate also includes an estimated 318 firms that
are over-the-counter market makers or exchange
market makers, as well as an estimated 31
alternative trading systems that trade NMS stocks.
2 The total cost of compliance for the annual hour
burden has been revised to reflect updated
estimated cost figures for an in-house attorney and
an assistant compliance director. These figures are
from SIFMA’s Management & Professional Earnings
in the Securities Industry 2017, modified by
Commission staff for an 1800-hour work-year and
multiplied by 5.35 to account for bonuses, firm size,
employee benefits, and overhead.

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48002

Federal Register / Vol. 85, No. 153 / Friday, August 7, 2020 / Notices

Washington, DC 20549, or by sending an
email to: [email protected].
Dated: August 3, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020–17255 Filed 8–6–20; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–107, OMB Control No.
3235–0116]

Submission for OMB Review;
Comment Request
Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736

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Extension:
Form 6–K

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 of information
discussed below.
Form 6–K (17 CFR 249.306) is a
disclosure document under the
Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) that must be filed by
a foreign private issuer to report
material information promptly after the
occurrence of specified or other
important corporate events that are
disclosed in the foreign private issuer’s
home country. The purpose of Form 6–
K is to ensure that U.S. investors have
access to the same information that
foreign investors do when making
investment decisions. Form 6–K is a
public document and all information
provided is mandatory. Form 6–K takes
approximately 8.7 hours per response
and is filed by approximately 34,794
issuers annually. We estimate 75% of
the 8.7 hours per response (6.525 hours)
is prepared by the issuer for a total
annual reporting burden of 227,031
hours (6.525 hours per response ×
34,794 responses). The remaining
burden hours are reflected as a cost to
the foreign private issuers.
An agency may not conduct or
sponsor, and a person is not required to
respond 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

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Jkt 250001

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 to (i) www.reginfo.gov/public/do/
PRAMain and (ii) David Bottom,
Director/Chief Information Officer,
Securities and Exchange Commission, c/
o Cynthia Roscoe, 100 F Street NE,
Washington, DC 20549, or by sending an
email to: [email protected].
Dated: August 3, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020–17253 Filed 8–6–20; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–89454; File No. SR–
NYSEAMER–2020–05]

Self-Regulatory Organizations; NYSE
American LLC; Notice of Filing of
Partial Amendment No. 1 to Proposed
Rule Change To Establish a Wireless
Fee Schedule Setting Forth Available
Wireless Bandwidth Connections and
Associated Fees
August 3, 2020.

I. Introduction
On January 30, 2020, NYSE American
LLC (‘‘NYSE American’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Exchange Act’’
or ‘‘Act’’) 1 and Rule 19b–4 thereunder,2
a proposed rule change (SR–
NYSEAMER–2020–05) to establish a
schedule of Wireless Connectivity Fees
and Charges (‘‘Wireless Fee Schedule’’)
listing available wireless bandwidth
connections between the Mahwah, New
Jersey data center and other data
centers.
The Commission published the
proposed rule change for public
comment in the Federal Register on
February 18, 2020.3 The Commission
received several comments on the
1 15

U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 88169
(February 11, 2020), 85 FR 8946 (February 18, 2020)
(SR–NYSEAMER–2020–05) (‘‘Wireless I Notice’’).
See also Securities Exchange Act Release Nos.
88168 (February 11, 2020), 85 FR 8938 (February
18, 2020) (SR–NYSE–2020–05); 88170 (February 11,
2020), 85 FR 8956 (February 18, 2020) (SR–
NYSEArca–2020–08); 88172 (February 11, 2020), 85
FR 8923 (February 18, 2020) (SR–NYSECHX–2020–
02); and 88171 (February 11, 2020), 85 FR 8930
(February 18, 2020) (SR–NYSENAT–2020–03).
2 17

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proposed rule change, and a response
from the Exchange.4 On April 1, 2020,
pursuant to Section 19(b)(2) of the Act,5
the Commission designated a longer
period within which to either approve
the proposed rule change, disapprove
the proposed rule change, or institute
proceedings to determine whether to
disapprove the proposed rule change.6
On May 18, 2020, the Commission
instituted proceedings to determine
whether to approve or disapprove the
proposed rule change.7 The Commission
received additional comments in
response to the Order Instituting
Proceedings.8
On July 27, 2020, the Exchange filed
Partial Amendment No. 1 to the
proposed rule change in response to
certain comments on the proposed rule
change. Partial Amendment No. 1 is
described in Item II below, which has
been substantially prepared by the
Exchange.9 The Commission is
publishing this notice to solicit
comments on Partial Amendment No. 1
from interested persons.10
II. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Amendment
NYSE American LLC (‘‘NYSE’’ or the
‘‘Exchange’’) hereby submits this Partial
Amendment No. 1 to the abovereferenced filing (‘‘Filing’’), in
connection with the proposed rule
4 Comments received on the Wireless I Notice and
the Exchange’s response are available on the
Commission’s website at: https://www.sec.gov/
comments/sr-nyseamer-2020-05/
srnyseamer202005.htm.
5 15 U.S.C. 78s(b)(2).
6 See Securities Exchange Act Release No. 88539
(April 1, 2020), 85 FR 19553 (April 7, 2020). The
Commission designated May 18, 2020, as the date
by which it should approve, disapprove, or institute
proceedings to determine whether to disapprove the
proposed rule changes.
7 See Securities Exchange Act Release No. 88901
(May 18, 2020), 85 FR 31273 (May 22, 2020) in
which the Commission instituted proceedings
(‘‘Order Instituting Proceedings’’ or ‘‘OIP’’).
8 Comments received on the Wireless I Notice
following the OIP also are available on the
Commission’s website at: https://www.sec.gov/
comments/sr-nyseamer-2020-05/
srnyseamer202005.htm.
9 The Commission has reformatted the Exchange’s
presentation of the footnotes.
10 Partial Amendment No. 1 is also available on
the Commission’s website at: https://www.sec.gov/
comments/sr-nyseamer-2020-05/
srnyseamer202005.htm. The Commission also refers
interested persons to Securities Exchange Act
Release No. 88238 (February 19, 2020), 85 FR 10776
(February 25, 2020) (SR–NYSEAMER–2020–10)
(wherein the Exchange filed a proposed rule change
to amend the proposed Wireless Fee Schedule to
add ‘‘Wireless Market Data Connections’’ and
associated fees (‘‘Wireless II’’) and concurrently
proposes to partially amend Wireless II). Partial
Amendment No. 1 to Wireless II is available on the
Commission’s website at: https://www.sec.gov/
comments/sr-nyseamer-2020-10/
srnyseamer202010.htm.

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