60 Day Submission

44458

Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Notices

lotter on DSK11XQN23PROD with NOTICES1

instance, today, Nasdaq MRX, LLC
(‘‘MRX’’) assesses a lower ORF of
$0.0004 per contract side.20 MRX has
assessed this rate since February 1,
2019.21 Depending on where a customer
order is executed, a Participant could be
assessed a much different ORF. For
example, in the case where a customer
order is sent to NOM and routed to
MRX, and a non-Participant cleared that
transaction, the NOM ORF of $0.0020
would not be assessed to the Participant
who executed the transaction or cleared
the transaction, rather the MRX rate of
$0.0004 per contract side would be
assessed. In that same scenario
presuming a non-Participant cleared the
transaction, if the customer order could
have executed on NOM instead of
routing away the Participant would
have been assessed the NOM ORF of
$0.0020 per contract side. The customer,
in that instance, would have no
knowledge of where the order could be
executed, as the liquidity profile of each
exchange may differ at that exact
moment. Therefore, Participants could
be assessed a different ORF on the same
day on the same transaction based on
routing decisions, and in those cases the
Participant would continue to benefit
from the regulatory program available
on each market and discover where the
liquidity is available, irrespective of any
ORF rate differentials across markets.
The Exchange believes recommencing
the ORF on February 1, 2022 at the same
rate, unless options volumes or the
Exchange’s regulatory expenses at that
time warrant a proposed rule change,
does not create an undue burden on
competition because the ORF applies to
all customer activity, thereby raising
regulatory revenue to offset regulatory
expenses. It also supplements the
regulatory revenue derived from noncustomer activity. Recommencing the
assessment of the current ORF does not
create an unnecessary or inappropriate
inter-market burden on competition
because it is a regulatory fee that
supports regulation in furtherance of the
purposes of the Act. The Exchange is
obligated to ensure that the amount of
regulatory revenue collected from the
ORF, in combination with its other
regulatory fees and fines, does not
exceed regulatory costs.
20 See Securities Exchange Act Release Nos.
85127 (February 13, 2019), 84 FR 5173 (February
20, 2019) (SR–MRX–2019–03).
21 Of note, prior to February 1, 2019, MRX
assessed no ORF thereby creating a calendar year
where Participants were assessed no ORF for a
period similar to what is proposed.

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C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
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) 22 of the Act and
subparagraph (f)(2) of Rule 19b–4 23
thereunder, because it establishes a due,
fee, or other charge imposed by the
Exchange.
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) 24 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
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 rule-comments@
sec.gov. Please include File No. SR–
NASDAQ–2021–057 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 No.
SR–NASDAQ–2021–057. 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
22 15

U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
24 15 U.S.C. 78s(b)(2)(B).

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 No.
SR–NASDAQ–2021–057, and should be
submitted on or before September 2,
2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.25
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–17177 Filed 8–11–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–433, OMB Control No.
3235–0489]

Proposed Collection; 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 17a–6

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’’) is soliciting comments
on the collection of information
provided for in Rule 17a–6 (17 CFR
240.17a–6) under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.). The Commission plans to submit
this existing collection of information to

23 17

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CFR 200.30–3(a)(12).

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lotter on DSK11XQN23PROD with NOTICES1

Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Notices
the Office of Management and Budget
(‘‘OMB’’) for extension and approval.
Rule 17a– permits national securities
exchanges, national securities
associations, registered clearing
agencies, and the Municipal Securities
Rulemaking Board (‘‘MSRB’’)
(collectively, ‘‘SROs’’) to destroy or
convert to microfilm or other recording
media records maintained under Rule
17a–1, if they have filed a record
destruction plan with the Commission
and the Commission has declared the
plan effective.
There are currently 35 SROs: 24
national securities exchanges, 1 national
securities association, the MSRB, and 9
registered clearing agencies. Of the 35
SROs, only 2 SRO respondents have
filed a record destruction plan with the
Commission. The staff calculates that
the preparation and filing of a new
record destruction plan should take 160
hours. Further, any existing SRO record
destruction plans may require revision,
over time, in response to, for example,
changes in document retention
technology, which the Commission
estimates will take much less than the
160 hours estimated for a new plan. The
Commission estimates that each SRO
that has filed a destruction plan will
spend approximately 30 hours per year
making required revisions. Thus, the
total annual time burden is estimated to
be approximately 60 hours per year
based on two respondents (30 × 2). The
approximate internal compliance cost
per hour is $428, resulting in a total
internal cost of compliance for these
respondents of approximately $25,680
per year (60 hours at $428 per hour).
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
estimates of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted in
writing within 60 days of this
publication.
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.
Please direct your written comments
to: David Bottom, Director/Chief

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Information Officer, Securities and
Exchange Commission, c/o Cynthia
Roscoe, 100 F Street NE, Washington,
DC 20549, or send an email to: PRA_
[email protected].
Dated: August 6, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–17153 Filed 8–11–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–336, OMB Control No.
3235–0379]

Proposed Collection; 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:
Form F–X

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’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget for extension
and approval.
Form F–X (17 CFR 239.42) is used to
appoint an agent for service of process
by Canadian issuers registering
securities on Forms F–7, F–8, F–9 or F–
10 under the Securities Act of 1933(15
U.S.C. 77a et seq.), or filing periodic
reports on Form 40–F under the
Exchange Act of 1934(15 U.S.C. 78a et
seq.). The information collected must be
filed with the Commission and is
publicly available. We estimate that it
takes approximately 2 hours per
response to prepare Form F–X and that
the information is filed by
approximately 114 respondents for a
total annual reporting burden of 228
hours (2 hours per response × 114
responses).
Written comments are invited on: (a)
Whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden imposed by the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of

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44459

information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
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.
Please direct your written comment to
David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Cynthia
Roscoe, 100 F Street NE, Washington,
DC 20549 or send an email to: PRA_
[email protected].
Dated: August 6, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–17158 Filed 8–11–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–92594; File No. SR–
CboeBZX–2021–014]

Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of
Designation of a Longer Period for
Commission Action on Proceedings To
Determine Whether To Approve or
Disapprove a Proposed Rule Change
To Allow Invesco Focused Discovery
Growth ETF and Invesco Select
Growth ETF To Strike and Publish
Multiple Intraday Net Asset Values
August 6, 2021.

On January 22, 2021, Cboe BZX
Exchange, Inc. (‘‘Exchange’’ or ‘‘BZX’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’ or
‘‘Exchange Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
allow Invesco Focused Discovery
Growth ETF and Invesco Select Growth
ETF to strike and publish multiple
intraday net asset values. The proposed
rule change was published for comment
in the Federal Register on February 10,
2021.3
On March 24, 2021, pursuant to
Section 19(b)(2) of the Act,4 the
Commission designated a longer period
within which to approve the proposed
rule change, disapprove the proposed
1 15

U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 91064
(February 4, 2021), 86 FR 8935 (‘‘Notice’’).
4 15 U.S.C. 78s(b)(2).
2 17

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