Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Cboe BZX Exchange, Inc.; Cboe C2 Exchange, Inc.; Cboe EDGA Exchange, Inc.; Cboe EDGX Exchange, Inc., Cboe Exchange, Inc.; NASDAQ BX, Inc.; Nasdaq GEMX, LLC; Nasdaq ISE, LLC; Nasdaq MRX, LLC; NASDAQ PHLX LLC and The NASDAQ Stock Market LLC; Notice of Designation of Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove Proposed Rule Changes To Adopt a Fee Schedule To Establish Fees for Industry Members Related to the National Market System Plan Governing the Consolidated Audit Trail, 60524-60525 [2021-23817]

Download as PDF 60524 Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Notices proposed rule change will also alleviate some of the operational challenges dealers may be experiencing, which will allow them to more effectively allocate resources to the operations that facilitate transactions in municipal securities and municipal financial products, to remove impediments to and perfect the mechanism of a free and open market in municipal securities and municipal financial products. B. Self-Regulatory Organization’s Statement on Burden on Competition Section 15B(b)(2)(C) of the Act requires that MSRB rules be designed not to impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.11 In fact, the MSRB does not believe the proposed rule change will have any burden on competition because the proposed rule change treats all dealers equally in that all dealers have the option to elect to conduct remote inspections remotely through June 30, 2022. The goal of the proposed rule change is to grant additional time for dealers to meet their office inspection obligations, under Supplementary Material .01 of Rule G– 27, while also determining how to best implement their return to office plans in a safe and effective manner during the exigent circumstances of the COVID–19 pandemic. The temporary relief afforded does not alter dealers underlying obligations under the rule. jspears on DSK121TN23PROD with NOTICES1 C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing 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 12 and Rule 19b– 4(f)(6) 13 thereunder. 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 11 Id. 12 15 13 17 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). VerDate Sep<11>2014 17:42 Nov 01, 2021 Jkt 256001 action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments [FR Doc. 2021–23809 Filed 11–1–21; 8:45 am] 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– MSRB–2021–06 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–MSRB–2021–06. 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 MSRB. 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–MSRB–2021–06 and should be submitted on or before November 23, 2021. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 For the Commission, by the Office of Municipal Securities, pursuant to delegated authority.14 J. Matthew DeLesDernier, Assistant Secretary. BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–93437; File Nos. SR–BX– 2021–018; SR–C2–2021–008; SR–CBOE– 2021–030; SR–CboeBYX–2021–011; SR– CboeBZX–2021–034; SR–CboeEDGA–2021– 010; SR–CboeEDGX–2021–024; SR–GEMX– 2021–03; SR–ISE–2021–08; SR–MRX–2021– 05; SR–NASDAQ–2021–029; SR–PHLX– 2021–25] Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Cboe BZX Exchange, Inc.; Cboe C2 Exchange, Inc.; Cboe EDGA Exchange, Inc.; Cboe EDGX Exchange, Inc., Cboe Exchange, Inc.; NASDAQ BX, Inc.; Nasdaq GEMX, LLC; Nasdaq ISE, LLC; Nasdaq MRX, LLC; NASDAQ PHLX LLC and The NASDAQ Stock Market LLC; Notice of Designation of Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove Proposed Rule Changes To Adopt a Fee Schedule To Establish Fees for Industry Members Related to the National Market System Plan Governing the Consolidated Audit Trail October 27, 2021. On April 21, 2021, Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe C2 Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe Exchange, Inc., NASDAQ BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, NASDAQ PHLX LLC, The NASDAQ Stock Market LLC (collectively, the ‘‘Nasdaq and Cboe Participants’’) 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 proposed rule changes 3 to adopt a fee schedule to 14 17 CFR 200.30–3a(a)(2). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 Securities Exchange Act Release Nos. 91750 (May 4, 2021), 86 FR 25045 (May 10, 2021) (SR– BX–2021–018); 91751 (May 4, 2021), 86 FR 24941 (May 10, 2021) (SR–PHLX–2021–25); 91752 (May 4, 2021), 86 FR 24921 (May 10, 2021) (SR–NASDAQ– 2021–029); 91753 (May 4, 2021), 86 FR 24994 (May 10, 2021) (SR–MRX–2021–05); 91755 (May 4, 2021), 86 FR 25035 (May 10, 2021) (SR–ISE–2021–08); 91756 (May 4, 2021), 86 FR 24979 (May 10, 2021) (SR–GEMX–2021–03); 91757 (May 4, 2021), 86 FR 24911 (May 10, 2021) (SR–C2–2021–008); 91758 (May 4, 2021), 86 FR 25004 (May 10, 2021) (SR– CboeEDGX–2021–024); 91759 (May 4, 2021), 86 FR 1 15 E:\FR\FM\02NON1.SGM 02NON1 Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Notices jspears on DSK121TN23PROD with NOTICES1 establish fees for Industry Members 4 related to the National Market System Plan Governing the Consolidated Audit Trail (‘‘CAT NMS Plan’’).5 The proposed rule changes were immediately effective upon filing with the Commission pursuant to Section 19(b)(3)(A) of the Act.6 The proposed rule changes were published for comment in the Federal Register on May 10, 2021.7 On June 17, 2021, the Commission temporarily suspended and initiated proceedings to determine whether to approve or disapprove the proposed rule changes.8 The Commission has received no comments on the proposed rule changes. Section 19(b)(2) of the Act 9 provides that, after instituting proceedings, the Commission shall issue an order approving or disapproving a proposed rule change not later than 180 days after the date of publication of notice of filing of the proposed rule change.10 The Commission may, however, extend the period for issuing an order approving or disapproving the proposed rule change by not more than 60 days if the Commission determines that a longer period is appropriate and publishes the reasons for such determination.11 The 180th day for the proposed rule changes is November 6, 2021. The Commission is extending the 180day time period for Commission action on each of the proposed rule changes. The Commission finds it appropriate to designate a longer period within which to issue an order approving or disapproving the proposed rule changes so that it has sufficient time to consider the proposed rule changes. Accordingly, the Commission, pursuant to Section 19(b)(2) of the 24956 (May 10, 2021) (SR–CboeEDGA–2021–010); 91760 (May 4, 2021), 86 FR 24966 (May 10, 2021) (SR–CBOE–2021–030); 91761 (May 4, 2021), 86 FR 25016 (May 10, 2021) (SR–CboeBYX–2021–011); and 91762 (May 4, 2021), 86 FR 24931 (May 10, 2021) (SR–CboeBZX–2021–034). 4 The CAT NMS Plan defines ‘‘Industry Member’’ as ‘‘a member of a national securities exchange or a member of a national securities association.’’ See CAT NMS Plan, infra note 5, at Section 1.1. 5 The CAT NMS Plan is a national market system plan approved by the Commission pursuant to Section 11A of the Act and the rules and regulations thereunder. See Securities Exchange Act Release No. 79318 (November 15, 2016), 81 FR 84696 (November 23, 2016). 6 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). 7 See supra note 3. 8 Securities Exchange Act Release No. 92207, 86 FR 33448 (June 24, 2021). 9 15 U.S.C 78s(b)(2). 10 15 U.S.C. 78s(b)(2)(B)(ii)(I). 11 15 U.S.C. 78s(b)(2)(B)(ii)(II)(aa). VerDate Sep<11>2014 17:42 Nov 01, 2021 Jkt 256001 Act,12 designates January 5, 2022 as the date by which the Commission shall either approve or disapprove the proposed rule changes (File Nos. SR– BX–2021–018; SR–C2–2021–008; SR– CBOE–2021–030; SR–CboeBYX–2021– 011; SR–CboeBZX–2021–034; SR– CboeEDGA–2021–010; SR–CboeEDGX– 2021–024; SR–GEMX–2021–03; SR– ISE–2021–08; SR–MRX–2021–05; SR– NASDAQ–2021–029; SR–PHLX–2021– 25). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2021–23817 Filed 11–1–21; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #17246 and #17247; Oregon Disaster Number OR–00126] Administrative Declaration of a Disaster for the State of Oregon U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a notice of an Administrative declaration of a disaster for the State of Oregon dated 10/28/ 2021. Incident: Bootleg Fire. Incident Period: 07/06/2021 through 08/15/2021. DATES: Issued on 10/28/2021. Physical Loan Application Deadline Date: 12/27/2021. Economic Injury (EIDL) Loan Application Deadline Date: 07/28/2022. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator’s disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Klamath. SUMMARY: 12 15 13 17 PO 00000 U.S.C. 78s(b)(2). CFR 200.30–3(a)(57). Frm 00085 Fmt 4703 Sfmt 4703 60525 Contiguous Counties: Oregon: Deschutes, Douglas, Jackson, Lake, Lane. California: Modoc, Siskiyou. The Interest Rates are: Percent For Physical Damage: Homeowners with Credit Available Elsewhere ...................... Homeowners without Credit Available Elsewhere .............. Businesses with Credit Available Elsewhere ...................... Businesses without Credit Available Elsewhere .............. Non-Profit Organizations with Credit Available Elsewhere ... Non-Profit Organizations without Credit Available Elsewhere ..................................... For Economic Injury: Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere .............. Non-Profit Organizations without Credit Available Elsewhere ..................................... 3.250 1.625 5.760 2.880 2.000 2.000 2.880 2.000 The number assigned to this disaster for physical damage is 17246 5 and for economic injury is 17247 0. The States which received an EIDL Declaration # are California, Oregon. (Catalog of Federal Domestic Assistance Number 59008) Isabella Guzman, Administrator. [FR Doc. 2021–23889 Filed 11–1–21; 8:45 am] BILLING CODE 8026–03–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #17143 and #17144; New Jersey Disaster Number NJ–00062] Presidential Declaration Amendment of a Major Disaster for the State of New Jersey U.S. Small Business Administration. ACTION: Amendment 4. AGENCY: This is an amendment of the Presidential declaration of a major disaster for the State of New Jersey (FEMA–4614–DR), dated 09/05/2021. Incident: Remnants of Hurricane Ida. Incident Period: 09/01/2021 through 09/03/2021. DATES: Issued on 10/26/2021. Physical Loan Application Deadline Date: 12/06/2021. Economic Injury (EIDL) Loan Application Deadline Date: 06/06/2022. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and SUMMARY: E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60524-60525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23817]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93437; File Nos. SR-BX-2021-018; SR-C2-2021-008; SR-
CBOE-2021-030; SR-CboeBYX-2021-011; SR-CboeBZX-2021-034; SR-CboeEDGA-
2021-010; SR-CboeEDGX-2021-024; SR-GEMX-2021-03; SR-ISE-2021-08; SR-
MRX-2021-05; SR-NASDAQ-2021-029; SR-PHLX-2021-25]


Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Cboe BZX 
Exchange, Inc.; Cboe C2 Exchange, Inc.; Cboe EDGA Exchange, Inc.; Cboe 
EDGX Exchange, Inc., Cboe Exchange, Inc.; NASDAQ BX, Inc.; Nasdaq GEMX, 
LLC; Nasdaq ISE, LLC; Nasdaq MRX, LLC; NASDAQ PHLX LLC and The NASDAQ 
Stock Market LLC; Notice of Designation of Longer Period for Commission 
Action on Proceedings To Determine Whether To Approve or Disapprove 
Proposed Rule Changes To Adopt a Fee Schedule To Establish Fees for 
Industry Members Related to the National Market System Plan Governing 
the Consolidated Audit Trail

October 27, 2021.
    On April 21, 2021, Cboe BYX Exchange, Inc., Cboe BZX Exchange, 
Inc., Cboe C2 Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX 
Exchange, Inc., Cboe Exchange, Inc., NASDAQ BX, Inc., Nasdaq GEMX, LLC, 
Nasdaq ISE, LLC, Nasdaq MRX, LLC, NASDAQ PHLX LLC, The NASDAQ Stock 
Market LLC (collectively, the ``Nasdaq and Cboe Participants'') 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\ proposed rule changes \3\ to adopt a 
fee schedule to

[[Page 60525]]

establish fees for Industry Members \4\ related to the National Market 
System Plan Governing the Consolidated Audit Trail (``CAT NMS 
Plan'').\5\ The proposed rule changes were immediately effective upon 
filing with the Commission pursuant to Section 19(b)(3)(A) of the 
Act.\6\ The proposed rule changes were published for comment in the 
Federal Register on May 10, 2021.\7\ On June 17, 2021, the Commission 
temporarily suspended and initiated proceedings to determine whether to 
approve or disapprove the proposed rule changes.\8\ The Commission has 
received no comments on the proposed rule changes.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release Nos. 91750 (May 4, 2021), 86 
FR 25045 (May 10, 2021) (SR-BX-2021-018); 91751 (May 4, 2021), 86 FR 
24941 (May 10, 2021) (SR-PHLX-2021-25); 91752 (May 4, 2021), 86 FR 
24921 (May 10, 2021) (SR-NASDAQ-2021-029); 91753 (May 4, 2021), 86 
FR 24994 (May 10, 2021) (SR-MRX-2021-05); 91755 (May 4, 2021), 86 FR 
25035 (May 10, 2021) (SR-ISE-2021-08); 91756 (May 4, 2021), 86 FR 
24979 (May 10, 2021) (SR-GEMX-2021-03); 91757 (May 4, 2021), 86 FR 
24911 (May 10, 2021) (SR-C2-2021-008); 91758 (May 4, 2021), 86 FR 
25004 (May 10, 2021) (SR-CboeEDGX-2021-024); 91759 (May 4, 2021), 86 
FR 24956 (May 10, 2021) (SR-CboeEDGA-2021-010); 91760 (May 4, 2021), 
86 FR 24966 (May 10, 2021) (SR-CBOE-2021-030); 91761 (May 4, 2021), 
86 FR 25016 (May 10, 2021) (SR-CboeBYX-2021-011); and 91762 (May 4, 
2021), 86 FR 24931 (May 10, 2021) (SR-CboeBZX-2021-034).
    \4\ The CAT NMS Plan defines ``Industry Member'' as ``a member 
of a national securities exchange or a member of a national 
securities association.'' See CAT NMS Plan, infra note 5, at Section 
1.1.
    \5\ The CAT NMS Plan is a national market system plan approved 
by the Commission pursuant to Section 11A of the Act and the rules 
and regulations thereunder. See Securities Exchange Act Release No. 
79318 (November 15, 2016), 81 FR 84696 (November 23, 2016).
    \6\ 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).
    \7\ See supra note 3.
    \8\ Securities Exchange Act Release No. 92207, 86 FR 33448 (June 
24, 2021).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \9\ provides that, after instituting 
proceedings, the Commission shall issue an order approving or 
disapproving a proposed rule change not later than 180 days after the 
date of publication of notice of filing of the proposed rule 
change.\10\ The Commission may, however, extend the period for issuing 
an order approving or disapproving the proposed rule change by not more 
than 60 days if the Commission determines that a longer period is 
appropriate and publishes the reasons for such determination.\11\ The 
180th day for the proposed rule changes is November 6, 2021.
---------------------------------------------------------------------------

    \9\ 15 U.S.C 78s(b)(2).
    \10\ 15 U.S.C. 78s(b)(2)(B)(ii)(I).
    \11\ 15 U.S.C. 78s(b)(2)(B)(ii)(II)(aa).
---------------------------------------------------------------------------

    The Commission is extending the 180-day time period for Commission 
action on each of the proposed rule changes. The Commission finds it 
appropriate to designate a longer period within which to issue an order 
approving or disapproving the proposed rule changes so that it has 
sufficient time to consider the proposed rule changes.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the 
Act,\12\ designates January 5, 2022 as the date by which the Commission 
shall either approve or disapprove the proposed rule changes (File Nos. 
SR-BX-2021-018; SR-C2-2021-008; SR-CBOE-2021-030; SR-CboeBYX-2021-011; 
SR-CboeBZX-2021-034; SR-CboeEDGA-2021-010; SR-CboeEDGX-2021-024; SR-
GEMX-2021-03; SR-ISE-2021-08; SR-MRX-2021-05; SR-NASDAQ-2021-029; SR-
PHLX-2021-25).
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2).
    \13\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-23817 Filed 11-1-21; 8:45 am]
BILLING CODE 8011-01-P
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