Proposed Collection; Comment Request, 7436-7437 [2021-01816]

Download as PDF 7436 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has designated this rule filing as non-controversial under Section 19(b)(3)(A) 19 of the Act and Rule 19b–4(f)(6) 20 thereunder. Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b– 4(f)(6) thereunder.21 A proposed rule change filed under Rule 19b–4(f)(6) 22 normally does not become operative for 30 days after the date of filing. However, pursuant to Rule 19b–4(f)(6)(iii),23 the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative upon filing. Waiver of the operative delay will immediately permit series to open for trading on the Exchange when those series are already open for trading on other options exchanges pursuant their respective rules, and provide Users’ orders that are otherwise resting in the Queuing Book and awaiting execution with the ability to get into the market for potential execution, thereby putting such Users on equal footing with other market participants as soon as possible. In addition, the proposal automates an aspect of the opening process that the Exchange currently has the authority to perform manually. Therefore, the Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. The Commission hereby designates the proposed rule change to be operative upon filing.24 19 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). 21 In addition, Rule 19b–4(f)(6)(iii) requires the Exchange to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the filing of the proposed rule change, or such shorter time as designated by the Commission. The Exhange has satisfied this requirement. 22 Id. 23 17 CFR 240.19b–4(f)(6)(iii). 24 For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 20 17 VerDate Sep<11>2014 17:16 Jan 27, 2021 Jkt 253001 At any time within 60 days of the filing of the 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 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 (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number SR– CboeEDGX–2021–005 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–CboeEDGX–2021–005. 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 20549–1090 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. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 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–CboeEDGX–2021–005 and should be submitted on or before February 18, 2021. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.25 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2021–01833 Filed 1–27–21; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [SEC File No. 270–563, OMB Control No. 3235–0626] Proposed Collection; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: Rule 17g–3 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 existing collection of information provided for in Rule 17g–3 under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).1 The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Rule 17g–3 contains certain reporting requirements for NRSROs including financial statements and information concerning its financial condition that the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. Currently, there are 9 credit rating agencies registered as NRSROs with the Commission. The Commission estimates that the total burden for respondents to comply with Rule 17g– 3 is 3,285 hours. Written comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the 25 17 1 See E:\FR\FM\28JAN1.SGM CFR 200.30–3(a)(12). 17 CFR 240.17g–1 and 17 CFR 249b.300. 28JAN1 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices 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 on respondents; 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. The Commission may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number. Please direct your written comments to: Dave Bottom, Director/Chief Information Officer, Securities and Exchange Commission, c/o Cynthia Roscoe, 100 F St. NE, Washington, DC 20549 or send an email to: PRA_ Mailbox@sec.gov. Dated: January 22, 2021. J. Matthew DeLesDernier, Assistant Secretary. BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–90973; File No. SR–BOX– 2021–02] Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Temporary IM– 2020–1 (Temporary Extension for Representatives To Function as Principals) January 22, 2021. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’ or ‘‘Exchange Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on January 12, 2021, the BOX Exchange LLC (‘‘BOX’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this 2 17 U.S.C. 78s(b)(1). CFR 240.19b–4. VerDate Sep<11>2014 17:16 Jan 27, 2021 Jkt 253001 I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to adopt temporary IM–2020–1 (Temporary Extension for Representatives to Function as Principals). The text of the proposed rule change is available from the principal office of the Exchange, at the Commission’s Public Reference Room and also on the Exchange’s internet website at https:// boxoptions.com. 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 those 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 parts of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change [FR Doc. 2021–01816 Filed 1–27–21; 8:45 am] 1 15 notice to solicit comments on the proposed rule change from interested persons. 1. Purpose The purpose of the proposed rule change is to adopt temporary IM–2020– 1 (Temporary Extension for Representatives to Function as Principals). The proposed rule change would extend the 120-day period that certain individuals on the Exchange can function as a Principal without having successfully passed an applicable qualification examination through April 30, 2021,3 and would apply only to those individuals who were designated to function as a principal prior to January 1, 2021. This proposed rule change is based on a filing recently submitted by the Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’) 4 3 If BOX wishes to provide additional temporary relief from the rule requirements identified in this proposed rule change beyond April 30, 2021, BOX will submit a separate rule filing to further extend the temporary extension of time. 4 See Exchange Act Release No. 90617 (December 9, 2020), 85 FR 81258 (December 15, 2020) (SR– FINRA–2020–043) (the ‘‘FINRA Filing’’). The Exchange notes that the FINRA Filing also provides temporary relief to individuals registered with FINRA as Operations Professionals under FINRA Rule 1220. The Exchange does not have a registration category for Operations Professionals PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 7437 and is intended to harmonize the Exchange’s registration rules with those of FINRA so as to promote uniform standards across the securities industry. The COVID–19 pandemic is an unpredictable, exogenous event that has resulted in unavoidable disruptions to the securities industry and impacted Participant firms, regulators, investors and other stakeholders. In response to COVID–19, earlier this year FINRA began providing temporary relief by way of frequently asked questions (‘‘FAQs’’) 5 to address disruptions to the administration of FINRA qualification examinations caused by the pandemic that have significantly limited the ability of individuals to sit for examinations due to Prometric test center capacity issues.6 FINRA published the first FAQ on March 20, 2020, providing that individuals who were designated to function as principals under FINRA Rule 1210.04 7 prior to February 2, 2020, would be given until May 31, 2020, to pass the appropriate principal qualification examination.8 On May 19, and therefore, the Exchange is not proposing to adopt that aspect of the FINRA Filing. 5 See https://www.finra.org/rules-guidance/keytopics/covid-19/faq#qe. 6 At the outset of the COVID–19 pandemic, all FINRA qualification examinations were administered at test centers operated by Prometric. Based on the health and welfare concerns resulting from COVID–19, in March Prometric closed all of its test centers in the United States and Canada and began to slowly reopen some of them at limited capacity in May. Currently, Prometric has resumed testing in many of its United States and Canada test centers, at either full or limited occupancy, based on local and government mandates. 7 BOX Rule 2020(d) is similar to FINRA Rule 1210.04. The Exchange notes there are several differences between its rule text and FINRA’s rule. FINRA’s rule provides that registered persons under the rule must have at least 18 months of experience functioning as a representative within a five-year period immediately preceding their designation as principal, and the person must have fulfilled all applicable prerequisite registration, fee and examination requirements prior to their designation as principal. The Exchange’s rule does not have similar qualifying prerequisites. Unlike the Exchange’s rule text, FINRA’s rule also provides that the requirements of the rule apply to any principal category, and persons registered as an ‘‘Order Processing Assistant Representative’’, or a ‘‘Foreign Associate’’ are not eligible to be designated as a principal under the rule. Lastly, FINRA’s rule also accounts for situations in which a person registered as a principal can function in another principal category for a period of 120 calendar days prior to passing an appropriate qualification examination. The Exchange believes these differences are minor in substance and do not materially impact this proposal. Specifically, the Exchange simply seeks to adopt similar relief in regards to its examination requirements for representatives functioning as principals, due to the COVID–19 pandemic. 8 FINRA Rule 1210.04 (Requirements for Registered Persons Functioning as Principals for a Limited Period) allows a member firm to designate certain individuals to function in a principal E:\FR\FM\28JAN1.SGM Continued 28JAN1

Agencies

[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Pages 7436-7437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01816]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-563, OMB Control No. 3235-0626]


Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of Investor Education and Advocacy, Washington, DC 
20549-0213.

Extension:
    Rule 17g-3

    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 existing 
collection of information provided for in Rule 17g-3 under the 
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).\1\ The 
Commission plans to submit this existing collection of information to 
the Office of Management and Budget for extension and approval.
---------------------------------------------------------------------------

    \1\ See 17 CFR 240.17g-1 and 17 CFR 249b.300.
---------------------------------------------------------------------------

    Rule 17g-3 contains certain reporting requirements for NRSROs 
including financial statements and information concerning its financial 
condition that the Commission, by rule, may prescribe as necessary or 
appropriate in the public interest or for the protection of investors. 
Currently, there are 9 credit rating agencies registered as NRSROs with 
the Commission. The Commission estimates that the total burden for 
respondents to comply with Rule 17g-3 is 3,285 hours.
    Written comments are invited on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the

[[Page 7437]]

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 on respondents; 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.
    The Commission may not conduct or sponsor a collection of 
information unless it displays a currently valid control number. No 
person shall be subject to any penalty for failing to comply with a 
collection of information subject to the PRA that does not display a 
valid Office of Management and Budget (OMB) control number.
    Please direct your written comments to: Dave Bottom, Director/Chief 
Information Officer, Securities and Exchange Commission, c/o Cynthia 
Roscoe, 100 F St. NE, Washington, DC 20549 or send an email to: 
[email protected].

    Dated: January 22, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-01816 Filed 1-27-21; 8:45 am]
BILLING CODE 8011-01-P
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