30 Day Notice

Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices
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:

lotter on DSK11XQN23PROD with NOTICES1

Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEAMER–2021–54 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
Number SR–NYSEAMER–2021–54. 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 (https://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–NYSEAMER–2021–54 and
should be submitted on or before
February 10, 2022.
23 17

CFR 200.30–3(a)(12).

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For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.23
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–00979 Filed 1–19–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No 270–488, OMB Control No.
3235–0542]

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 605 of Regulation NMS

Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) (‘‘PRA’’), 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 605 (17 CFR 242.605) under the
Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) (‘‘Exchange Act’’).
Rule 605 of Regulation NMS,1
formerly known as, Rule 11Ac1–5,
requires market centers to make
available to the public monthly order
execution reports in electronic form.
The Commission believes that many
market centers retain most, if not all, of
the underlying raw data necessary to
generate these reports in electronic
format. Once the necessary data is
collected, market centers could either
program their systems to generate the
statistics and reports, or transfer the
data to a service provider (such as an
independent company in the business of
preparing such reports or a self1 Regulation NMS, adopted by the Commission in
June 2005, redesignated the national market system
rules previously adopted under Section 11A of the
Exchange Act. Rule 11Ac1–5 under the Exchange
Act was redesignated Rule 605 of Regulation NMS.
See Securities Exchange Act Release No. 51808
(June 9, 2005), 70 FR 37496 (June 29, 2005). In
2018, Commission amended Rule 605(a)(2) to
require market centers to keep reports required
pursuant to Rule 605(a)(1) posted on an internet
website that is free of charge and readily accessible
to the public for a period of three years from the
initial date of posting on the internet website. See
Securities Exchange Act Release No. 84528
(November 2, 2018), 83 FR 58338 (November 19,
2018).

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3149

regulatory organization) that would
generate the statistics and reports.
The collection of information
obligations of Rule 605 apply to all
market centers that receive covered
orders in national market system
securities. The Commission estimates
that approximately 319 market centers
are subject to the collection of
information obligations of Rule 605.
Each of these respondents is required to
respond to the collection of information
on a monthly basis.
The Commission staff estimates that,
on average, Rule 605 causes each
respondent to spend 6 hours per month
to collect the data necessary to generate
the reports, or 72 hours per year. With
an estimated 319 market centers subject
to Rule 605, the total data collection
time burden to comply with the
monthly reporting requirement is
estimated to be 22,968 hours per year.
Based on discussions with industry
sources, the Commission staff estimates
that an individual market center could
retain a service provider to prepare a
monthly report using the data collected
for approximately $2,978 per month or
$35,736 per year. This per-respondent
estimate is based on the rate that a
market center could expect to obtain if
it negotiated on an individual basis.
Based on the $2,978 estimate, the
monthly cost to all 319 market centers
to retain service providers to prepare
reports would be approximately
$949,982, and the total annual cost for
all 319 market centers would be
approximately $11,399,784.
The collection of information
obligation imposed by Rule 605 is
mandatory. The response will be
available to the public and will not be
kept confidential.
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 John Pezzullo, 100 F Street NE,
Washington, DC 20549, or by sending an
email to: [email protected].

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Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices

Dated: January 14, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.

A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change

[FR Doc. 2022–01050 Filed 1–19–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–93975; File No. SR–C2–
2022–001]

Self-Regulatory Organizations; Cboe
C2 Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend Its Fee
Schedule
January 13, 2022.

Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on January 4,
2022, Cboe C2 Exchange, Inc. (the
‘‘Exchange’’ or ‘‘C2’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the 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.

lotter on DSK11XQN23PROD with NOTICES1

I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe C2 Exchange, Inc. (the
‘‘Exchange’’ or ‘‘C2’’) proposes to amend
its Fee Schedule. The text of the
proposed rule change is provided in
Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (http://markets.cboe.com/us/
options/regulation/rule_filings/ctwo/),
at the Exchange’s Office of the
Secretary, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
1 15
2 17

U.S.C. 78s(b)(1).
CFR 240.19b–4.

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1. Purpose
The Exchange proposes to amend its
Fee Schedule to clarify that the
transaction fee table generally
applicable to incoming/auctioned orders
executed within the Complex Order
Auction (‘‘COA’’) against auction
responses does not apply to such orders
in DJX. In particular, the Fee Schedule
currently provides for a separate rate
table applicable to all executions in DJX
only. As such, the general COA
transaction fee table does not apply to
DJX orders. When the Exchange adopted
the DJX pricing table, it inadvertently
omitted adding DJX to the list of
excepted products for the rates provided
in COA transaction fee table.3 The
Exchange notes that, for the same reason
(i.e., that the Fee Schedule provides for
a separate DJX pricing table), it is
currently explicit in the Fee Schedule
that the standard transaction fee table
generally applicable to simple, noncomplex orders also does not apply to
such orders in DJX.4
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of Section 6 of the Act,5
in general, and furthers the objectives of
Section 6(b)(4),6 in particular, as it is
designed to provide for the equitable
allocation of reasonable dues, fees and
other charges among its Members and
issuers and other persons using its
facilities. The Exchange also believes
that the proposed rule change is
consistent with the objectives of Section
6(b)(5) 7 requirements that the rules of
an exchange be designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest, and,
particularly, is not designed to permit
3 See Securities Exchange Release No. 85855 (May
14, 2019) 84 FR 22916 (May 20, 2019) (SR–C2–
2019–010).
4 See Securities Exchange Release No. 89828
(September 11, 2020), 85 FR 58078 (September 17,
2020) (SR–C2–2020–013).
5 15 U.S.C. 78f.
6 15 U.S.C. 78f(b)(4).
7 15 U.S.C. 78f(b)(5).

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unfair discrimination between
customers, issuers, brokers, or dealers.
The Exchange believes that the
proposed change is reasonable,
equitable and not unfairly
discriminatory as it does not change the
fees or rebates assessed by the
Exchange, but rather updates the Fee
Schedule to clarify that the COA
transaction fee table does not apply to
executions in DJX as there is a separate
pricing table applicable to all executions
in DJX only. The proposed rule change
is merely a clarification in the Fee
Schedule designed to reduce any
potential confusion regarding the rate
table that applies to executions in DJX.
As stated above, for the same reason
(i.e., that the Fee Schedule provides for
a separate DJX pricing table), it is
currently explicit in the Fee Schedule
that the standard transaction fee table
generally applicable to simple, noncomplex orders also does not apply to
such orders in DJX.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on intramarket or
intermarket competition that is not
necessary or appropriate in furtherance
of the purposes of the Act because the
proposed rule change merely provides a
clarification in Fee Schedule that is
designed to reduce any potential
confusion regarding the rate table that
applies to executions in DJX without
having any impact on competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
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) 8 of the Act and
subparagraph (f)(2) of Rule 19b–4 9
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
8 15
9 17

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

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