11020 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices 

1 15 U.S.C. 78s(b)(7). 

2The Commission notes that the Exchange 

originally filed its proposed rule change regarding 

rule consolidation on January 29, 2021 (SR–CFE– 

2021–001). SR–CFE–2021–001 was subsequently 

withdrawn and replaced by this filing in order to 

correct certain typographical errors in the Exhibit 

1 and proposed rule text. 

3 7 U.S.C. 7a–2(c). 

matter within the Commission’s 

jurisdiction. 

Dated: February 17, 2021. 

For the Nuclear Regulatory Commission. 

David C. Cullison, 

NRC Clearance Officer, Office of the Chief 

Information Officer. 

[FR Doc. 2021–03557 Filed 2–22–21; 8:45 am] 

BILLING CODE 7590–01–P 

OCCUPATIONAL SAFETY AND 

HEALTH REVIEW COMMISSION 

Senior Executive Service Performance 

Review Board Membership 

AGENCY: Occupational Safety and Health 

Review Commission. 

ACTION: Annual notice. 

SUMMARY: Notice is given of the 

appointment of members to the 

Performance Review Board (PRB) of the 

Occupational Safety and Health Review 

Commission. 

DATE: Membership is effective on 

February 23, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Linda M. Beard, Human Resources 

Specialist, U.S. Occupational Safety and 

Health Review Commission, 1120 20th 

Street NW, Washington, DC 20036, (202) 

606–5393. 

SUPPLEMENTARY INFORMATION: The 

Review Commission, as required by 5 

U.S.C. 4314(c)(1) through (5), has 

established a Senior Executive Service 

PRB. The PRB reviews and evaluates the 

initial appraisal of a senior executive’s 

performance by the supervisor, and 

makes recommendations to the 

Chairman of the Review Commission 

regarding performance ratings, 

performance awards, and pay-forperformance adjustments. Members of 

the PRB serve for a period of 24 months. 

In the case of an appraisal of a career 

appointee, more than half of the 

members shall consist of career 

appointees, pursuant to 5 U.S.C. 

4314(c)(5). The names and titles of the 

PRB members are as follows: 

• Tim English, Associate 

Administrator, Regional Operations and 

Support, United States Department of 

Agriculture, Food and Nutrition Service; 

• Yvette Hatfield, Assistant General 

Counsel, Division of OperationsManagement, National Labor Relations 

Board; 

• Michael A. McCord, General 

Counsel, Federal Mine Safety and 

Health Review Commission. 

Cynthia L. Attwood, 

Chairman. 

[FR Doc. 2021–03669 Filed 2–22–21; 8:45 am] 

BILLING CODE 7600–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–91144; File No. SR–CFE– 

2021–002] 

Self-Regulatory Organizations; Cboe 

Futures Exchange, LLC; Notice of a 

Filing of a Proposed Rule Change 

Regarding Rule Consolidation 

February 17, 2021. 

Pursuant to Section 19(b)(7) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 notice is hereby given that on 

February 3, 2021 Cboe Futures 

Exchange, LLC (‘‘CFE’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change described in Items 

I, II, and III below, which Items have 

been prepared by CFE.2 The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. CFE 

also has filed this proposed rule change 

with the Commodity Futures Trading 

Commission (‘‘CFTC’’). CFE filed a 

written certification with the CFTC 

under Section 5c(c) of the Commodity 

Exchange Act (‘‘CEA’’) 3 on January 28, 

2021. 

I. Self-Regulatory Organization’s 

Description of the Proposed Rule 

Change 

The Exchange proposes to streamline 

the manner in which CFE’s rules require 

CFE Trading Privilege Holders (‘‘TPHs’’) 

to comply with CFTC regulations 

relating to minimum financial 

requirements, financial reporting 

requirements, and protection of 

customer funds. The scope of this filing 

is limited solely to the application of the 

proposed rule change to security futures 

that may be traded on CFE. Although no 

security futures are currently listed for 

trading on CFE, CFE may list security 

futures for trading in the future. The text 

of the proposed rule change is attached 

as Exhibit 4 to the filing but is not 

attached to the publication of this 

notice. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, CFE 

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. CFE has prepared 

summaries, set forth in Sections A, B, 

and C below, of 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 

Chapter 5 (Obligations of Trading 

Privilege Holders) of the CFE Rulebook 

currently includes a lengthy Appendix 

that contains twenty CFE rules 

numbered Rules 518 through 537. Each 

of these rules provides that any TPH 

subject to an enumerated CFTC 

Regulation that violates the specified 

Regulation shall be deemed to have 

violated that CFE rule. The CFTC 

Regulations referenced in the Appendix 

relate to minimum financial standards 

for intermediaries, the segregation of 

customer and proprietary funds, the 

custody of customer funds, the 

investment standards for customer 

funds, intermediary default procedures, 

and related recordkeeping. The 

Appendix is lengthy because it includes 

twenty separate CFE rules. The 

Appendix is also lengthy because each 

of these CFE rules includes CFE rule 

language as well as a restatement of the 

provisions of the applicable CFTC 

Regulation that is referenced in the rule 

which follows after the CFE rule 

language. 

The proposed rule change streamlines 

the manner in which the requirements 

under the Appendix to Chapter 5 are 

presented in the CFE Rulebook while 

maintaining the same requirements 

within the Rulebook that are currently 

provided for under the Appendix. 

Specifically, the proposed rule change 

consolidates those requirements by 

enumerating all of them within current 

CFE Rule 518 (Compliance with 

Minimum Financial Requirements, 

Financial Reporting Requirements, and 

Requirements Relating to Protection of 

Customer Funds) instead of within an 

Appendix to Chapter 5. The proposed 

rule change also deletes the restatement 

of all of the provisions of the CFTC 

Regulations referenced in the Appendix 

while maintaining within Rule 518 

reference to those same CFTC 

Regulations and to the subject matter of 

those regulations. 

The following table identifies for each 

of the current CFE rules that is proposed 

to be consolidated into Rule 518 the rule 

Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices 11021 

4 17 CFR 1.10. 

5 17 CFR 1.11. 

6 17 CFR 1.12. 

7 17 CFR 1.17. 

8 17 CFR 1.18. 

9 17 CFR 1.20. 

10 17 CFR 1.21. 

11 17 CFR 1.22. 12 17 CFR 1.23. 

13 17 CFR 1.24. 

14 17 CFR 1.25. 

15 17 CFR 1.26. 

16 17 CFR 1.27. 

17 17 CFR 1.28. 

18 17 CFR 1.29. 

19 17 CFR 1.30. 

20 17 CFR 1.31. 

21 17 CFR 1.32. 

22 17 CFR 1.36. 

number of the current rule, the 

subsection of amended Rule 518 that is 

proposed to address the subject matter 

of the current rule, and the CFTC 

regulation underlying the current rule. 

The table also includes a high level 

description of the subject matter of each 

of those rules as provided for under 

applicable CFTC regulation. 

Current CFE rule New CFE rule CFTC regulation Summary of rule 

519 .................... 518(a) 4 1.10 Requires TPHs subject to CFTC Regulation 1.10 to comply with financial reporting requirements, including the requirement to file CFTC Form 1–FR. 

520 .................... 518(b) 5 1.11 Requires TPHs subject to CFTC Regulation 1.11 to comply with the requirement that 

futures commission merchants (‘‘FCMs’’) establish, maintain, and enforce a system 

of risk management policies and procedures. 

521 .................... 518(c) 6 1.12 Requires TPHs subject to CFTC Regulation 1.12 to comply with the requirement to notify the CFTC if the TPH fails to maintain an adjusted net capital above certain specified thresholds. 

522 .................... 518(d) 7 1.17 Requires TPHs subject to CFTC Regulation 1.17 to comply with certain minimum financial requirements. 

523 .................... 518(e) 8 1.18 Requires TPHs subject to CFTC Regulation 1.18 to comply with the requirement to 

maintain records for and relating to financial reporting and a monthly computation regarding the TPH’s assets, liabilities, and capital. 

524 .................... 518(f) 9 1.20 Requires TPHs subject to CFTC Regulation 1.20 to comply with the requirement to 

separately account for all future customer funds and segregate those funds as belonging to the TPH’s futures customers. 

525 .................... 518(g) 10 1.21 Requires TPHs subject to CFTC Regulation 1.21 to comply with the requirement to 

treat all money and equities accruing to an FCM on behalf of any futures customer 

as accruing to the futures customer. 

526 .................... 518(h) 11 1.22 Requires TPHs subject to CFTC Regulation 1.22 to comply with a prohibition on using 

or permitting the use of the customer funds of one futures customer to purchase, 

margin, or settle the trades of or to secure credit of any person other than that futures customer. 

527 .................... 518(i) 12 1.23 Requires TPHs subject to CFTC Regulation 1.23 to comply with a prohibition on the 

commingling of futures customer funds with the funds of an FCM. 

528 .................... 518(j) 13 1.24 Requires TPHs subject to CFTC Regulation 1.24 to comply with an exclusion that 

money held in a segregated account shall not include money invested in obligations 

or stocks of any clearing organization or contract market. 

529 .................... 518(k) 14 1.25 Requires TPHs subject to CFTC Regulation 1.25 to comply with the requirements and 

restrictions regarding the investments of customer funds. 

530 .................... 518(l) 15 1.26 Requires TPHs subject to CFTC Regulation 1.26 to comply with the requirement that 

each FCM that invests customer funds in instruments described in CFTC Regulation 

1.25, except for investments in money market mutual funds, shall separately account 

for those instruments as futures customer funds and segregate those instruments as 

funds belonging to customers. 

531 .................... 518(m) 16 1.27 Requires TPHs subject to CFTC Regulation 1.27 to comply with the requirement that 

each FCM which invests customer funds shall keep certain records of the investment. 

532 .................... 518(n) 17 1.28 Requires TPHs subject to CFTC Regulation 1.28 to comply with the requirement that 

FCMs that invest customer funds in instruments described in CFTC Regulation 1.25 

shall include those instruments in segregated account records and reports at values 

not exceeding current market values. 

533 .................... 518(o) 18 1.29 Requires TPHs subject to CFTC Regulation 1.29 to comply with the provision that an 

FCM may invest customer funds and retain as the TPH’s own incremental income or 

interest resulting therefrom and the requirement that an FCM shall bear sole responsibility for any losses resulting from the investment of customer funds in instruments 

described in CFTC Regulation 1.25. 

534 .................... 518(p) 19 1.30 Requires TPHs subject to CFTC Regulation 1.30 to comply with a prohibition against 

an FCM lending funds on an unsecured basis to finance customers’ trading or lending funds to customers secured by the customers’ accounts. 

535 .................... 518(q) 20 1.31 Requires TPHs subject to CFTC Regulation 1.31 to comply with the requirement to 

maintain electronic records in accordance with certain provisions and to further establish appropriate systems and controls that ensure the authority and reliability of 

electronic regulatory records. 

536 .................... 518(r) 21 1.32 Requires TPHs subject to CFTC Regulation 1.32 to comply with the requirement each 

FCM compute as of the close of each business day the total amount of futures customer funds on deposit in segregated accounts as well as other specified details. 

537 .................... 518(s) 22 1.36 Requires TPHs subject to CFTC Regulation 1.36 to comply with the requirement that 

each FCM maintain a record of all securities and property received from customers 

in lieu of money to margin, purchase, guarantee, or secure the transactions of those 

customers. 

11022 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices 

23 15 U.S.C. 78f(b). 

24 15 U.S.C. 78f(b)(1). 

25 15 U.S.C. 78f(b)(5). 26 15 U.S.C. 78s(b)(1). 

27 17 CFR 200.30–3(a)(73). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

CFE believes that its proposed 

approach to amending the Appendix to 

Chapter 5 simplifies the CFE Rulebook 

by streamlining a lengthy portion of the 

Rulebook that contains twenty separate 

rules into one straightforward rule that 

reflects all of the same requirements that 

exist under the consolidated rules 

thereby making it easier for TPHs to 

reference these requirements within 

CFE’s Rulebook because they will all be 

enumerated in a single rule. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act,23 in general, and 

furthers the objectives of Sections 

6(b)(1) 24 and 6(b)(5) 25 in particular, in 

that it is designed: 

• To enable the Exchange to enforce 

compliance by its TPHs and persons 

associated with its TPHs with the 

provisions of the rules of the Exchange, 

• to prevent fraudulent and 

manipulative acts and practices, 

• to promote just and equitable 

principles of trade, 

• 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. 

The proposed rule change retains 

within the CFE Rulebook rule 

provisions that address minimum 

financial requirements, financial 

reporting requirements, and protection 

of customer funds, including rules 

relating to appropriate minimum 

financial standards for intermediaries, 

the segregation of customer and 

proprietary funds, the custody of 

customer funds, the investment 

standards for customer funds, 

intermediary default procedures, and 

related recordkeeping as required by 

CFTC regulations, all in furtherance of 

TPH compliance with those rule 

provisions and their enforcement by the 

Exchange. In particular, the proposed 

rule change streamlines a lengthy 

portion of the Rulebook that contains 

twenty separate rules into one 

straightforward rule that reflects all of 

the same requirements that exist under 

the consolidated rules thereby making it 

easier for TPHs to reference those 

requirements within CFE’s Rulebook 

because they will all be enumerated in 

a single rule. The Exchange believes that 

making it easier for TPHs to reference 

those requirements will contribute to 

furthering compliance with those 

requirements by TPHs. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

CFE 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 that the 

Exchange believes that the proposed 

rule change will contribute to furthering 

compliance by TPHs with CFTC 

regulations relating to minimum 

financial requirements, financial 

reporting requirements, and protection 

of customer funds. The Exchange 

believes that the proposed rule change 

is equitable and not unfairly 

discriminatory in that it would apply 

equally to all TPHs subject to the 

relevant CFTC regulations. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The proposed rule change will 

become operative on February 11, 2021. 

At any time within 60 days of the date 

of effectiveness of the proposed rule 

change, the Commission, after 

consultation with the CFTC, may 

summarily abrogate the proposed rule 

change and require that the proposed 

rule change be refiled in accordance 

with the provisions of Section 19(b)(1) 

of the Act.26

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

CFE–2021–002 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–CFE–2021–002. 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 (http://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–CFE–2021–002, and should 

be submitted on or before March 16, 

2021. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.27

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–03546 Filed 2–22–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–91146; File No. SR– 

PEARL–2021–03] 

Self-Regulatory Organizations; MIAX 

PEARL, LLC; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Amend Exchange 

Rule 200, Trading Permits 

February 17, 2021. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2