30 Day Notice

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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices

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.

For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
J. Matthew DeLesDernier,
Assistant Secretary.

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:

[FR Doc. 2021–20447 Filed 9–21–21; 8:45 am]

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–
Phlx–2021–51 on the subject line.

Self-Regulatory Organizations; MIAX
PEARL, LLC; Notice of Designation of
a Longer Period for Commission
Action on a Proposed Rule Change To
Amend Exchange Rule 2616, Priority of
Orders

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–Phlx–2021–51. 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–Phlx–2021–51 and should
be submitted on or before October 13,
2021.

On July 20, 2021, MIAX PEARL, LLC
(‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
amend Exchange Rule 2616, Priority of
Orders, to provide that an order will
receive a new timestamp when its
position is modified via a Cancel/
Replace message during a Short Sale
Period. The proposed rule change was
published for comment in the Federal
Register on August 6, 2021.3 The
Commission has not received any
comment letters on the proposed rule
change.
Section 19(b)(2) of the Act 4 provides
that, within 45 days of the publication
of notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day after
publication of the notice for this
proposed rule change is September 20,
2021.
The Commission is extending the 45day time period for Commission action
on the proposed rule change. The
Commission finds that it is appropriate

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BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–93024; File No. SR–
PEARL–2021–35]

to designate a longer period within
which to take action on the proposed
rule change so that it has sufficient time
to consider the proposed rule change.
Accordingly, pursuant to Section
19(b)(2) of the Act,5 the Commission
designates November 4, 2021, as the
date by which the Commission shall
either approve or disapprove, or
institute proceedings to determine
whether to disapprove, the proposed
rule change (File No. SR–PEARL–2021–
35).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–20451 Filed 9–21–21; 8:45 am]
BILLING CODE 8011–01–P

September 16, 2021.

19 17

CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 92545
(August 2, 2021), 86 FR 43279 (August 6, 2021).
4 15 U.S.C. 78s(b)(2).
1 15

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SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–450, OMB Control No.
3235–0505]

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 303 of Regulation ATS

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 303 of Regulation ATS (17 CFR
242.303) under the Securities Exchange
Act of 1934 (15 U.S.C. 78a et seq.)
(‘‘Exchange Act’’).
Regulation ATS sets forth a regulatory
regime for ‘‘alternative trading systems’’
(‘‘ATSs’’), which are entities that carry
out exchange functions but are not
required to register as national securities
exchanges under the Act. In lieu of
exchange registration, an ATS can
instead opt to register with the
Commission as a broker-dealer and, as
a condition to not having to register as
an exchange, must instead comply with
Regulation ATS. Rule 303 of Regulation
ATS (17 CFR 242.303) describes the
record preservation requirements for
ATSs. Rule 303 also describes how such
5 Id.
6 17

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CFR 200.30–3(a)(31).

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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices
records must be maintained, what
entities may perform this function, and
how long records must be preserved.
Under Rule 303, ATSs are required to
preserve all records made pursuant to
Rule 302, which includes information
relating to subscribers, trading
summaries, and time-sequenced order
information. Rule 303 also requires
ATSs to preserve any notices provided
to subscribers, including, but not
limited to, notices regarding the ATSs
operations and subscriber access. For an
ATS subject to the fair access
requirements described in Rule
301(b)(5)(ii) of Regulation ATS, Rule
303 further requires the ATS to preserve
at least one copy of its standards for
access to trading, all documents relevant
to the ATS’s decision to grant, deny, or
limit access to any person, and all other
documents made or received by the ATS
in the course of complying with Rule
301(b)(5) of Regulation ATS. For an ATS
subject to the capacity, integrity, and
security requirements for automated
systems under Rule 301(b)(6) of
Regulation ATS, Rule 303 requires an
ATS to preserve all documents made or
received by the ATS related to its
compliance, including all
correspondence, memoranda, papers,
books, notices, accounts, reports, test
scripts, test results and other similar
records. Rule 303(a)(1)(v) of Regulation
ATS requires every ATS to preserve the
written safeguards and written
procedures mandated under Rule
301(b)(10). As provided in Rule
303(a)(1), ATSs are required to keep all
of these records, as applicable, for a
period of at least three years, the first
two in an easily accessible place. In
addition, Rule 303 requires ATSs to
preserve records of partnership articles,
articles of incorporation or charter,
minute books, stock certificate books,
copies of reports filed pursuant to Rule
301(b)(2) and Rule 304, and records
made pursuant to Rule 301(b)(5) for the
life of the ATS. ATSs that trade both
NMS Stock and securities other than
NMS Stock are required to file, and also
preserve under Rule 303, both Form
ATS and related amendments and Form
ATS–N and related amendments.
The information contained in the
records required to be preserved by Rule
303 will be used by examiners and other
representatives of the Commission, state
securities regulatory authorities, and the
self-regulatory organizations (‘‘SROs’’)
to ensure that ATSs are in compliance
with Regulation ATS as well as other
applicable rules and regulations.
Without the data required by the Rule,
regulators would be limited in their
ability to comply with their statutory

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obligations, provide for the protection of
investors, and promote the maintenance
of fair and orderly markets.
Respondents consist of ATSs that
choose to register as broker-dealers and
comply with the requirements of
Regulation ATS. There are currently 94
respondents. The Commission believes
that the average ongoing hourly burden
for a respondent to comply with the
baseline record preservation
requirements under Rule 303 is
approximately 15 hours per year. We
thus estimate that the average aggregate
ongoing burden to comply with the
baseline Rule 303 record preservation
requirements is approximately 1,410
hours per year. (94 ATSs × 15 hours =
1,410 hours) In addition, there are
currently two ATSs that transact in both
NMS stock and non-NMS stock on their
ATSs. These two ATSs have a slightly
greater burden because they have to
keep both Form ATS and Form ATS–N
and related documents (e.g.,
amendments). For these two ATSs, we
estimate that the ongoing burden above
the current baseline estimate for
preserving records will be
approximately 1 hour annually per ATS
for a total annual burden above the
current baseline burden estimate of 2
hours for all respondents. Thus, the
estimated average annual aggregate
burden for alternative trading systems to
comply with Rule 303 is approximately
1,412 hours (1,410 hours + 2 hours).
Compliance with Rule 303 is
mandatory. The information required by
Rule 303 is available only for the
examination of the Commission staff,
state securities authorities and the
SROs. Subject to the provisions of the
Freedom of Information Act, 5 U.S.C.
522 (‘‘FOIA’’), and the Commission’s
rules thereunder (17 CFR
200.80(b)(4)(iii)), the Commission does
not generally publish or make available
information contained in any reports,
summaries, analyses, letters, or
memoranda arising out of, in
anticipation of, or in connection with an
examination or inspection of the books
and records of any person or any other
investigation.
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

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52705

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: September 16, 2021.
J. Matthew Delesdernier,
Assistant Secretary.
[FR Doc. 2021–20442 Filed 9–21–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–93019; File No. SR–
PEARL–2021–41]

Self-Regulatory Organizations; MIAX
PEARL, LLC; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend the MIAX Pearl
Options Fee Schedule With Respect to
Open-Close Report Data
September 16, 2021.

Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 3, 2021, MIAX PEARL, LLC
(‘‘MIAX Pearl’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) a
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the Exchange.
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 is filing a proposal to
amend the MIAX Pearl Options Fee
Schedule (the ‘‘Fee Schedule’’) to
provide historical Open-Close Report
data for free by amending the fees for
the Open-Close Report to: (i) Respond to
ad hoc requests for end-of-day data free
of charge; and (ii) provide mid-month
subscribers data for the entire month in
which they subscribe.
The text of the proposed rule change
is available on the Exchange’s website at
http://www.miaxoptions.com/rulefilings/pearl at MIAX Pearl’s principal
office, and at the Commission’s Public
Reference Room.
1 15
2 17

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U.S.C. 78s(b)(1).
CFR 240.19b–4.

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