Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Make Juneteenth National Independence Day a Holiday of the Exchange, 60730-60732 [2021-23920]
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60730
Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Notices
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 16 and Rule 19b–
4(f)(6) thereunder.17
A proposed rule change filed under
Rule 19b–4(f)(6) 18 normally does not
become operative prior to 30 days after
the date of the filing. However, Rule
19b–4(f)(6)(iii) 19 permits the
Commission to 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 immediately upon
filing. The Exchange states that waiver
of the 30-day operative delay will allow
it to extend the Pilot Programs prior to
their expiration on November 1, 2021,
and maintain the status quo, thereby
reducing market disruption. The
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest as it will allow the Pilot
Programs to continue uninterrupted,
thereby avoiding investor confusion that
could result from a temporary
interruption in the Pilot Programs.
Accordingly, the Commission hereby
waives the 30-day operative delay and
designates the proposed rule change as
operative upon filing.20
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.
16 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization 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 date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
18 17 CFR 240.19b–4(f)(6).
19 17 CFR 240.19b–4(f)(6)(iii).
20 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).
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17 17
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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:
• 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–
CboeBZX–2021–072 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–CboeBZX–2021–072. 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–CboeBZX–2021–072 and
should be submitted on or before
November 24, 2021.
Frm 00118
Fmt 4703
[FR Doc. 2021–23929 Filed 11–2–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
PO 00000
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.21
J. Matthew DeLesDernier,
Assistant Secretary.
Sfmt 4703
[Release No. 34–93444; File No. SR–BOX–
2021–25]
Self-Regulatory Organizations; BOX
Exchange LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Make Juneteenth
National Independence Day a Holiday
of the Exchange
October 28, 2021.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on October
15, 2021, BOX Exchange LLC
(‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘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 notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
BOX Rule 7020(e) (Days and Hours of
Business) to make Juneteenth National
Independence Day a holiday of the
Exchange. 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 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
21 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Notices
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
BOX Rule 7020(e) (Days and Hours of
Business) to make Juneteenth National
Independence Day a holiday of the
Exchange. This is a filing that is based
on a proposal recently submitted by the
New York Stock Exchange LLC
(‘‘NYSE’’).3
On June 17, 2021, Juneteenth National
Independence Day was designated a
legal public holiday.4 Consistent with
broad industry sentiment 5 and the
approach recommended by the
Securities Industry and Financial
Markets Association (‘‘SIFMA’’),6 the
Exchange proposes to add ‘‘Juneteenth
National Independence Day’’ to the
existing list of holidays in BOX Rule
7020(e). As a result, the Exchange will
not be open for business on Juneteenth
National Independence Day, which falls
on June 19 of each year. In accordance
with BOX Rule 7020(e), when the
holiday falls on a Saturday, the
Exchange will not be open for business
on the preceding Friday, and when it
falls on a Sunday, the Exchange will not
be open for business on the succeeding
Monday.7
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2. Statutory Basis
The Exchange believes that the
proposal is consistent with the
requirements of Section 6(b) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),8 in general, and Section 6(b)(5)
of the Act,9 in particular, in that it is
designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
3 See Securities Exchange Act Release No. 93183
(September 30, 2021), 86 FR 55068 (October 5,
2021) (Notice of Filing and Immediate Effectiveness
SR–NYSE–2021–56).
4 Public Law 117–17.
5 See, e.g., https://www.bloomberg.com/news/
articles/2021-06-18/bofa-makes-juneteenth-aholiday-joining-jpmorgan-wells-fargo?sref=
Hhue1scO.
6 SIFMA recommends a full market close in
observance of Juneteenth National Independence
Day. See https://www.sifma.org/resources/general/
holidayschedule/. See also https://www.sifma.org/
resources/news/sifma-revises-2022-fixed-incomemarket-close-recommendations-in-the-u-s-toinclude-full-close-forjuneteenth-nationalindependence-day/.
7 See BOX Rule 7020(e). There is an exception to
the practice if unusual business conditions exist at
the time. Id.
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(5).
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17:01 Nov 02, 2021
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coordination with persons engaged in
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. In particular, the
Exchange believes that the proposed
change would remove impediments to
and perfect the mechanism of a free and
open market and a national market
system and, in general, protect investors
and the public interest because the
proposed amended rule would clearly
state that the Exchange will not be open
for business on Juneteenth National
Independence Day, which is a federal
holiday, and would address what day
would be taken off if June 19 fell on a
Saturday or Sunday. The change would
thereby promote clarity and
transparency in the Exchange rules by
updating the list of holidays of the
Exchange.
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 competition not
necessary or appropriate in furtherance
of the purposes of the Act. In this regard
and as indicated above, the Exchange
notes that the rule change is being
proposed in response to a filing recently
submitted by NYSE.10 The proposed
change is not designed to address any
competitive issue but rather to amend
the Exchange rule regarding holidays.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has 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 Exchange filed the proposed rule
change pursuant to Section 19(b)(3)(A)
of the Act 11 and Rule 19b–4(f)(6) 12
thereunder. 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
10 See
supra, note 3.
U.S.C. 78s(b)(3)(A).
12 17 CFR 240.19b–4(f)(6).
11 15
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
60731
19(b)(3)(A) of the Act 13 and Rule 19b–
4(f)(6) 14 thereunder.
A proposed rule changed filed under
Rule 19b–4(f)(6) 15 normally does not
become operative prior to 30 days after
the date of filing. However, pursuant to
Rule 19b–4(f)(6),16 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
immediately upon filing. The
Commission believes that waiver of the
30-day operative delay is consistent
with the protection of investors and the
public interest. The proposal raises no
new or novel issues. Accordingly, the
Commission hereby waives the
operative delay and designates the
proposed rule change operative upon
filing.17
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–
BOX–2021–25 on the subject line.
13 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change at least five business days
prior to the date of filing of the proposed rule
change or such shorter time as designated by the
Commission. The Exchange has requested the
Commission waive the standard five-day pre-filing
requirement. The Commission grants the waiver.
15 17 CFR 240.19b–4(f)(6).
16 17 CFR 240.19b–4(f)(6)(iii).
17 For purposes only of waiving the 30-day
operative delay, the Commission also has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
14 17
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60732
Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Notices
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–BOX–2021–25. 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–BOX–2021–25 and should
be submitted on or before November 24,
2021.
Matthew R. Lussenhop,
Acting Assistant Secretary, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2021–23902 Filed 11–2–21; 8:45 am]
BILLING CODE 4710–05–P
SURFACE TRANSPORTATION BOARD
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
J. Matthew DeLesDernier,
Assistant Secretary.
[Docket No. FD 36549]
[FR Doc. 2021–23920 Filed 11–2–21; 8:45 am]
AppleAtcha Land, LLC (AppleAtcha),
a noncarrier, has filed a verified notice
of exemption under 49 CFR 1150.31 to
acquire from Vaughan Railroad
Company (Vaughan), and operate
approximately 14 miles of rail line
between milepost 7.5 near Belva, W.
Va., and milepost 22.0 on Twentymile
Creek, northeast of Vaughan, W. Va., in
Nicholas and Fayette Counties, W. Va.
(the Line).
The verified notice states that
AppleAtcha and its affiliates have
entered into a purchase and sale
agreement with Vaughan and Vaughan’s
affiliates under which AppleAtcha will
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Public Notice: 11572]
khammond on DSKJM1Z7X2PROD with NOTICES
determine that certain objects being
imported from abroad pursuant to
agreements with their foreign owners or
custodians for temporary display in the
exhibition ‘‘Picasso: Painting the Blue
Period’’ at The Phillips Collection,
Washington, District of Columbia, and
at possible additional exhibitions or
venues yet to be determined, are of
cultural significance, and, further, that
their temporary exhibition or display
within the United States as
aforementioned is in the national
interest. I have ordered that Public
Notice of these determinations be
published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Chi
D. Tran, Program Administrator, Office
of the Legal Adviser, U.S. Department of
State (telephone: 202–632–6471; email:
section2459@state.gov). The mailing
address is U.S. Department of State, L/
PD, 2200 C Street NW (SA–5), Suite
5H03, Washington, DC 20522–0505.
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), E.O. 12047 of
March 27, 1978, the Foreign Affairs
Reform and Restructuring Act of 1998
(112 Stat. 2681, et seq.; 22 U.S.C. 6501
note, et seq.), Delegation of Authority
No. 234 of October 1, 1999, and
Delegation of Authority No. 236–3 of
August 28, 2000.
Notice of Determinations; Culturally
Significant Objects Being Imported for
Exhibition—Determinations: ‘‘Picasso:
Painting the Blue Period’’ Exhibition
Notice is hereby given of the
following determinations: I hereby
SUMMARY:
18 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
17:01 Nov 02, 2021
Jkt 256001
AppleAtcha Land, LLC—Acquisition
and Operation Exemption—Vaughan
Railroad Company
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
purchase the Line and certain other
assets.1 The verified notice states that,
while the Line has not been used since
2012, AppleAtcha intends to provide
service over the Line or contract with a
third party should a customer require
service.2
AppleAtcha certifies that its projected
annual revenues as a result of this
transaction will not exceed the
maximum revenue of a Class III rail
carrier and will not exceed $5 million.
AppleAtcha also certifies that the
proposed transaction does not contain
any provisions that would prohibit
Vaughan from interchanging traffic with
a third party or limit AppleAtcha’s
ability to interchange traffic with a
third-party.
The earliest this transaction may be
consummated is November 17, 2021, the
effective date of the exemption (30 days
after the verified notice was filed).
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than November 10,
2021 (at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36549, should be filed with the
Surface Transportation Board via efiling on the Board’s website. In
addition, a copy of each pleading must
be served on AppleAtcha’s
representative, Andrew Fleischman,
Kaplan Johnson Abate & Bird, LLP, 710
West Main Street, 4th Floor, Louisville,
KY 40202.
According to AppleAtcha, this action
is categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic preservation
reporting requirements under 49 CFR
1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: October 29, 2021.
1 The verified notice states that Southeastern
Land, LLC previously received Board authority to
acquire and operate the Line, see Se. Land, LLC—
Acquis. & Operation Exemption—Vaughan R.R., FD
36055 (STB served Aug. 24, 2016), but that, for
unrelated business reasons, the transaction was
never consummated and the Line is still owned by
Vaughan.
2 The verified notice notes that the Line is subject
to a trackage rights agreement with CSX
Transportation, Inc., and a separate trackage rights
agreement with Norfolk Southern Railway. See CSX
Transp., Inc.—Trackage Rights Exemption—
Vaughan R.R., FD 32695 (ICC served May 30, 1995);
Consol. Rail Corp.—Trackage Rights Exemption—
Vaughan R.R., FD 32670 (ICC served May 3, 1995).
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]]>Agencies
[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Notices]
[Pages 60730-60732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23920]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-93444; File No. SR-BOX-2021-25]
Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Make Juneteenth
National Independence Day a Holiday of the Exchange
October 28, 2021.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 15, 2021, BOX Exchange LLC (``Exchange'') filed with the
Securities and Exchange Commission (``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 notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend BOX Rule 7020(e) (Days and Hours of
Business) to make Juneteenth National Independence Day a holiday of the
Exchange. 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 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
[[Page 60731]]
the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend BOX Rule 7020(e) (Days and Hours of
Business) to make Juneteenth National Independence Day a holiday of the
Exchange. This is a filing that is based on a proposal recently
submitted by the New York Stock Exchange LLC (``NYSE'').\3\
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 93183 (September 30,
2021), 86 FR 55068 (October 5, 2021) (Notice of Filing and Immediate
Effectiveness SR-NYSE-2021-56).
---------------------------------------------------------------------------
On June 17, 2021, Juneteenth National Independence Day was
designated a legal public holiday.\4\ Consistent with broad industry
sentiment \5\ and the approach recommended by the Securities Industry
and Financial Markets Association (``SIFMA''),\6\ the Exchange proposes
to add ``Juneteenth National Independence Day'' to the existing list of
holidays in BOX Rule 7020(e). As a result, the Exchange will not be
open for business on Juneteenth National Independence Day, which falls
on June 19 of each year. In accordance with BOX Rule 7020(e), when the
holiday falls on a Saturday, the Exchange will not be open for business
on the preceding Friday, and when it falls on a Sunday, the Exchange
will not be open for business on the succeeding Monday.\7\
---------------------------------------------------------------------------
\4\ Public Law 117-17.
\5\ See, e.g., https://www.bloomberg.com/news/articles/2021-06-18/bofa-makes-juneteenth-a-holiday-joining-jpmorgan-wells-fargo?sref=Hhue1scO.
\6\ SIFMA recommends a full market close in observance of
Juneteenth National Independence Day. See https://www.sifma.org/resources/general/holidayschedule/. See also https://www.sifma.org/resources/news/sifma-revises-2022-fixed-income-market-close-recommendations-in-the-u-s-to-include-full-close-forjuneteenth-national-independence-day/.
\7\ See BOX Rule 7020(e). There is an exception to the practice
if unusual business conditions exist at the time. Id.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Securities Exchange Act of 1934
(the ``Act''),\8\ in general, and Section 6(b)(5) of the Act,\9\ in
particular, in that it is 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 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. In particular, the Exchange believes that the proposed
change would remove impediments to and perfect the mechanism of a free
and open market and a national market system and, in general, protect
investors and the public interest because the proposed amended rule
would clearly state that the Exchange will not be open for business on
Juneteenth National Independence Day, which is a federal holiday, and
would address what day would be taken off if June 19 fell on a Saturday
or Sunday. The change would thereby promote clarity and transparency in
the Exchange rules by updating the list of holidays of the Exchange.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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 competition not necessary or appropriate in
furtherance of the purposes of the Act. In this regard and as indicated
above, the Exchange notes that the rule change is being proposed in
response to a filing recently submitted by NYSE.\10\ The proposed
change is not designed to address any competitive issue but rather to
amend the Exchange rule regarding holidays.
---------------------------------------------------------------------------
\10\ See supra, note 3.
---------------------------------------------------------------------------
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has 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 Exchange filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) \12\ thereunder.
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 \13\ and Rule 19b-4(f)(6) \14\
thereunder.
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\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4(f)(6).
\13\ 15 U.S.C. 78s(b)(3)(A).
\14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change or such shorter time as designated by the Commission.
The Exchange has requested the Commission waive the standard five-
day pre-filing requirement. The Commission grants the waiver.
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A proposed rule changed filed under Rule 19b-4(f)(6) \15\ normally
does not become operative prior to 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6),\16\ 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 immediately upon filing. The Commission believes that
waiver of the 30-day operative delay is consistent with the protection
of investors and the public interest. The proposal raises no new or
novel issues. Accordingly, the Commission hereby waives the operative
delay and designates the proposed rule change operative upon
filing.\17\
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\15\ 17 CFR 240.19b-4(f)(6).
\16\ 17 CFR 240.19b-4(f)(6)(iii).
\17\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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 [email protected]. Please include
File Number SR-BOX-2021-25 on the subject line.
[[Page 60732]]
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-BOX-2021-25. 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-BOX-2021-25 and should be submitted on
or before November 24, 2021.
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\18\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-23920 Filed 11-2-21; 8:45 am]
BILLING CODE 8011-01-P
