60 Day Notice

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Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Notices
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and the SEC’s efforts
to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
2. To a Federal, State, or local agency
to the extent necessary to comply with
laws governing reporting of infectious
disease.
3. To SEC personnel, contractors,
visitors, emergency contacts, or others
to notify an individual (1) who has been
exposed or may have potentially been
exposed to a communicable disease that
is the subject of a Public Health
Emergency of information regarding the
exposure or potential exposure, or (2)
who may have reason to know of
circumstances that increase the risk of
such exposure. To the extent possible,
all information will be anonymized.
4. To another Federal agency, to a
court, or a party in litigation before a
court or in an administrative proceeding
being conducted by a Federal agency
when the SEC is a party to the judicial
or administrative proceeding where the
information is relevant and necessary to
the proceeding.
5. To employees, grantees, experts,
contractors, and others who have been
engaged by the Commission to assist in
the performance of a service related to
this system of records and who need
access to the records for the purpose of
assisting the Commission in the efficient
administration of its programs,
including by performing clerical,
stenographic, or data analysis functions,
or by reproduction of records by
electronic or other means. Recipients of
these records shall be required to
comply with the requirements of the
Privacy Act of 1974, as amended, 5
U.S.C. 552a.
6. To a Congressional office from the
record of an individual in response to
an inquiry from the Congressional office
made at the request of that individual.
7. To another Federal agency or
Federal entity, when the SEC
determines that information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.

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POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

Records in this system of records are
stored electronically or on paper in
secure facilities. Electronic records are
stored on the SEC’s secure network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

Information covered by this system of
records notice may be retrieved by the
name of the individual, contact
information, or by some combination
thereof.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

The records will be maintained until
they become inactive, at which time
they will be retired or destroyed in
accordance with records schedules of
the United States Securities and
Exchange Commission, and as approved
by the National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

Access to SEC facilities, data centers,
and information or information systems
is limited to authorized personnel with
official duties requiring access. SEC
facilities are equipped with security
cameras, and, at certain SEC facilities,
24-hour security guard service.
Computerized records are safeguarded
in a secured environment. Security
protocols meet the promulgating
guidance as established by the National
Institute of Standards and Technology
(NIST) Security Standards from Access
Control to Data Encryption and Security
Assessment & Authorization (SA&A).
Records are maintained in a secure,
password-protected electronic system
that will utilize commensurate
safeguards that may include: Firewalls,
intrusion detection and prevention
systems, and role-based access controls.
Additional safeguards will vary by
program. All records are protected from
unauthorized access through
appropriate administrative, operational,
and technical safeguards. These
safeguards include: restricting access to
authorized personnel who have a ‘‘need
to know’’; using locks; and password
protection identification features.
Contractors and other recipients
providing services to the Commission
shall be required to maintain equivalent
safeguards.
RECORD ACCESS PROCEDURES:

Persons seeking to gain access to any
record contained in this system of
records may inquire in writing in
accordance with instructions in SEC
Privacy Act Regulations; 17 CFR
200.301 et seq. Address such request to:

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FOIA/PA Officer, Securities and
Exchange Commission, 100 F Street NE,
Mail Stop 5100, Washington, DC 20549–
2736.
CONTESTING RECORD PROCEDURES:

Persons seeking to contest the content
of any record contained in this system
of records may inquire in writing in
accordance with instructions in SEC
Privacy Act Regulations, 17 CFR
200.301 et seq. Address such requests
to: FOIA/PA Officer, Securities and
Exchange Commission, 100 F Street NE,
Mail Stop 5100, Washington, DC 20549–
2736.
NOTIFICATION PROCEDURES:

See ‘‘Record Access Procedures’’
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.
HISTORY:

Release No. PA–57; File No. S7–14–
21; 86 FR 60496, November 2, 2021.
By the Commission.
Dated: November 22, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–25871 Filed 11–26–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–221, OMB Control No.
3235–0232]

Proposed Collection; Comment
Request; Extension: Form 1–E,
Regulation E
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 (the
‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information of the Office of
Management and Budget for extension
and approval.
Form 1–E (17 CFR 239.200) under the
Securities Act of 1933 (15 U.S.C. 77a et
seq.) (‘‘Securities Act’’) is the form that
a small business investment company
(‘‘SBIC’’) or business development
company (‘‘BDC’’) uses to notify the
Commission that it is claiming an
exemption under Regulation E from
registering its securities under the

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khammond on DSKJM1Z7X2PROD with NOTICES

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Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Notices

Securities Act. Rule 605 of Regulation E
(17 CFR 230.605) under the Securities
Act requires an SBIC or BDC claiming
such an exemption to file an offering
circular with the Commission that must
also be provided to persons to whom an
offer is made. Form 1–E requires an
issuer to provide the names and
addresses of the issuer, its affiliates,
directors, officers, and counsel; a
description of events which would
make the exemption unavailable; the
jurisdictions in which the issuer intends
to offer the securities; information about
unregistered securities issued or sold by
the issuer within one year before filing
the notification on Form 1–E;
information as to whether the issuer is
presently offering or contemplating
offering any other securities; and
exhibits, including copies of the rule
605 offering circular and any
underwriting contracts.
The Commission uses the information
provided in the notification on Form 1–
E and the offering circular to determine
whether an offering qualifies for the
exemption under Regulation E. The
Commission estimates that, each year,
one issuer files one notification on Form
1–E, together with offering circulars,
with the Commission.1 Based on the
Commission’s experience with
disclosure documents, we estimate that
the burden from compliance with Form
1–E and the offering circular requires
approximately 100 hours per filing. The
annual burden hours for compliance
with Form 1–E and the offering circular
would be 200 hours (2 responses × 100
hours per response). Estimates of the
burden hours are made solely for the
purposes of the PRA, and are not
derived from a comprehensive or even
a representative survey or study of the
costs of SEC rules and forms.
Written comments are invited on: (a)
Whether the 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 of 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
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.
1 According to Commission records, one issuer
filed two notifications on Form 1–E, together with
offering circulars, during 2013 and 2014.

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Please direct your written comments
to David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o John R.
Pezzullo, 100 F Street NE, Washington,
DC 20549; or send an email to: PRA_
[email protected].
Dated: November 23, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–25913 Filed 11–26–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–93639; File Nos. SR–MIAX–
2021–41, SR–PEARL–2021–45]

Self-Regulatory Organizations; Miami
International Securities Exchange LLC,
MIAX PEARL, LLC; Suspension of and
Order Instituting Proceedings To
Determine Whether To Approve or
Disapprove Proposed Rule Changes
To Amend the Fee Schedules To Adopt
a Tiered-Pricing Structure for Certain
Connectivity Fees
November 22, 2021.

I. Introduction
On September 24, 2021, Miami
International Securities Exchange LLC,
LLC (‘‘MIAX’’) and MIAX PEARL, LLC
(‘‘MIAX Pearl’’) (collectively, the
‘‘Exchanges’’) each 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 (File Numbers SR–MIAX–2021–
41 and SR–PEARL–2021–45) to amend
the MIAX Fee Schedule and MIAX Pearl
Options Fee Schedule (collectively, the
‘‘Fee Schedules’’) to adopt a tiered
pricing structure for certain connectivity
fees. The proposed rule changes were
immediately effective upon filing with
the Commission pursuant to Section
19(b)(3)(A) of the Act.3 The proposed
rule changes were published for
comment in the Federal Register on
October 4, 2021.4 Under Section
1 15

U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A). A proposed rule change
may take effect upon filing with the Commission if
it is designated by the exchange as ‘‘establishing or
changing a due, fee, or other charge imposed by the
self-regulatory organization on any person, whether
or not the person is a member of the self-regulatory
organization.’’ 15 U.S.C. 78s(b)(3)(A)(ii).
4 See Securities Exchange Act Release Nos. 93165
(September 28, 2021), 86 FR 54750 (‘‘MIAX
Notice’’); 93162 (September 28, 2021), 86 FR 54739
(‘‘Pearl Notice’’). For ease of reference, citations to
statements generally applicable to both notices are
to the MIAX Notice. Comments received on the
2 17

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19(b)(3)(C) of the Act,5 the Commission
is hereby: (i) Temporarily suspending
File Numbers SR–MIAX–2021–41 and
SR–PEARL–2021–45; and (ii) instituting
proceedings to determine whether to
approve or disapprove File Numbers
SR–MIAX–2021–41 and SR–PEARL–
2021–45.
II. Description of the Proposed Rule
Changes
The Exchanges propose to modify
their Fee Schedules to adopt a tieredpricing structure for 10 gigabit (‘‘Gb’’)
ultra-low latency (‘‘ULL’’) fiber
connections to the Exchanges’ primary
and secondary facilities available to
both Members 6 and non-Members.
Specifically, the Exchanges propose to
modify the pricing structure for 10Gb
ULL connections from a flat monthly fee
of $10,000 per 10Gb ULL connection to
the following fees (collectively, the
‘‘Proposed Access Fees’’): 7
• $9,000 each for the 1st and 2nd
connections;
• $11,000 each for the 3rd and 4th
connections; and
• $13,000 for each additional
connection after the 4th connection.
These fees are assessed in any month
the Member or non-Member is
credentialed to use any of the
Exchanges’ APIs or market data feeds in
the Exchanges’ production environment,
pro-rated when a Member or nonMember makes a change to connectivity
by adding or deleting connections, and
assessed in any month during which the
Member or non-Member has established
connectivity with the Exchanges’
disaster recovery facility.8
The Exchanges state that the
Exchanges’ MIAX Express Network
Interconnect (‘‘MENI’’) can be
configured to provide Members and
non-Members of the Exchanges network
connectivity to the trading platforms,
proposed rule changes are available on the
Commission’s website at: https://www.sec.gov/
comments/sr-miax-2021-41/srmiax202141.htm
(SR–MIAX–2021–41); https://www.sec.gov/
comments/sr-pearl-2021-45/srpearl202145.htm
(SR–PEARL–2021–45).
5 15 U.S.C. 78s(b)(3)(C).
6 The term ‘‘Member’’ means an individual or
organization that is registered with the Exchange
pursuant to Chapter II of Exchange Rules for
purposes of trading on the Exchange as an
‘‘Electronic Exchange Member’’ or ‘‘Market Maker.’’
Members are deemed ‘‘members’’ under the
Exchange Act. See the Definitions Section of the
Fee Schedule and Exchange Rule 100.
7 The Exchanges initially filed the proposed fee
changes on July 30, 2021. See Securities Exchange
Act Release Nos. 92643 (August 11, 2021), 86 FR
46034 (August 17, 2021) (SR–MIAX–2021–35),
92644 (August 11, 2021), 86 FR 46055 (August 17,
2021) (SR–PEARL–2021–36). These filings were
withdrawn by the Exchanges and replaced with the
instant filings, with additional information.
8 See MIAX Notice, supra note 4, at 54751.

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