Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices 12733 

20 In addition, the General Note on page 1 of the 

Fee Schedule would apply to all of the services 

proposed herein. See supra note 19. 

21 Intercontinental Exchange, Inc. v. SEC, No. 20– 

1470 (D.C. Cir. 2020). 

22 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 90880 

(January 8, 2021), 86 FR 3217. 

4 15 U.S.C. 78s(b)(2). 

connectivity that they had not 

selected.20

For these reasons, the Exchange 

believes that the proposal is consistent 

with the Act. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed change does not affect 

competition among national securities 

exchanges or among members of the 

Exchange, but rather between IDS and 

its commercial competitors. 

As noted above, the Exchange is 

making the current proposal solely as a 

result of the Commission’s recent 

interpretation of the definitions of 

‘‘exchange’’ and ‘‘facility’’ in the 

Wireless Approval Order, which the 

Exchange is presently challenging on 

appeal to the Court of Appeals for the 

District of Columbia Circuit.21 The 

Exchange has nevertheless proposed 

this rule change in order to preserve the 

ability of IDS to offer the services at 

issue herein. If IDS were compelled to 

stop offering such services, consumers 

would have fewer service providers to 

choose from for their connectivity 

needs, which would be a detriment to 

competition overall. 

Notwithstanding the foregoing, the 

Exchange notes that there are numerous 

other third parties that provide circuits 

and connectivity at the Mahwah Data 

Center, and that IDS competes with 

those third parties for the provision of 

such services to customers. None of 

these third parties have been compelled 

to file their services or fees with the 

Commission, and requiring IDS to do so 

puts IDS at a competitive disadvantage 

vis-a`-vis its competitors. Requiring the 

Exchange to file IDS services and fees 

herein is therefore a burden on 

competition. 

The Exchange believes competition 

would be best served by allowing IDS to 

freely compete with the other providers 

of connectivity services, without the 

additional burden on IDS alone to file 

any proposed changes to services and 

fees with the Commission. 

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 

Within 45 days of the date of 

publication of this notice in the Federal 

Register, or such longer period up to 90 

days (i) as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or (ii) as to which 

the self-regulatory organization 

consents, the Commission will: 

(A) By order approve or disapprove 

the proposed rule change, or 

(B) institute proceedings to determine 

whether the proposed rule change 

should be 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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

NYSECHX–2021–03 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–NYSECHX–2021–03. 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–NYSECHX–2021–03, and 

should be submitted on or before March 

25, 2021. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.22

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–04426 Filed 3–3–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–91220; File No. SR–Phlx– 

2021–03] 

Self-Regulatory Organizations; Nasdaq 

PHLX LLC; Notice of Designation of a 

Longer Period for Commission Action 

on a Proposed Rule Change To Modify 

Phlx Options 8, Section 26, ‘‘Trading 

Halts, Business Continuity and 

Disaster Recovery’’ 

February 26, 2021. 

On January 7, 2021, Nasdaq PHLX 

LLC (‘‘Phlx’’ or ‘‘Exchange’’) 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 a proposed rule 

change to modify Phlx Options 8, 

Section 26 (Trading Halts, Business 

Continuity and Disaster Recovery) to 

make available an audio and video 

communication program to serve as a 

‘‘virtual trading crowd’’ in the event the 

physical trading floor becomes 

unavailable, the back-up trading floor 

becomes inoperable or the Exchange 

otherwise determines not to operate its 

back-up trading floor. The proposed rule 

change was published in the Federal 

Register on January 14, 2021.3

Section 19(b)(2) of the Act 4 provides 

that, within 45 days of the publication 

of notice of the filing of a proposed rule 

change, or within such longer period up 

to 90 days as the Commission may 

designate if it finds such longer period 


jbell on DSKJLSW7X2PROD with NOTICES
12734 Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices 

5 Id. 

6 17 CFR 200.30–3(a)(31). 

to be appropriate and publishes its 

reasons for so finding, or as to which the 

self-regulatory organization consents, 

the Commission shall either approve the 

proposed rule change, disapprove the 

proposed rule change, or institute 

proceedings to determine whether the 

proposed rule change should be 

disapproved. The 45th day after 

publication of the notice for this 

proposed rule change is February 28, 

2021. The Commission is extending this 

45-day time period. 

The Commission finds that it is 

appropriate to designate a longer period 

within which to take action on the 

proposal so that it has sufficient time to 

consider the proposed rule change. 

Accordingly, the Commission, pursuant 

to Section 19(b)(2) of the Act,5

designates April 14, 2021, as the date by 

which the Commission shall either 

approve or disapprove, or institute 

proceedings to determine whether to 

disapprove, the proposed rule change 

(File No. SR–Phlx–2021–03). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–04427 Filed 3–3–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

34217] 

[Notice of Applications for 

Deregistration Under Section 8(f) of the 

Investment Company Act of 1940 

February 26, 2021. 

The following is a notice of 

applications for deregistration under 

section 8(f) of the Investment Company 

Act of 1940 for the month of February 

2021. A copy of each application may be 

obtained via the Commission’s website 

by searching for the file number, or for 

an applicant using the Company name 

box, at http://www.sec.gov/search/ 

search.htm or by calling (202) 551– 

8090. An order granting each 

application will be issued unless the 

SEC orders a hearing. Interested persons 

may request a hearing on any 

application by emailing the SEC’s 

Secretary at Secretarys-Office@sec.gov 

and serving the relevant applicant with 

a copy of the request by email, if an 

email address is listed for the relevant 

applicant below, or personally or by 

mail, if a physical address is listed for 

the relevant applicant below. Hearing 

requests should be received by the SEC 

by 5:30 p.m. on March 23, 2021, and 

should be accompanied by proof of 

service on applicants, in the form of an 

affidavit or, for lawyers, a certificate of 

service. Pursuant to Rule 0–5 under the 

Act, hearing requests should state the 

nature of the writer’s interest, any facts 

bearing upon the desirability of a 

hearing on the matter, the reason for the 

request, and the issues contested. 

Persons who wish to be notified of a 

hearing may request notification by 

writing to the Commission’s Secretary at 

Secretarys-Office@sec.gov. 

ADDRESSES: The Commission: 

Secretarys-Office@sec.gov. 

FOR FURTHER INFORMATION CONTACT: 

Shawn Davis, Assistant Director, at 

(202) 551–6413 or Chief Counsel’s 

Office at (202) 551–6821; SEC, Division 

of Investment Management, Chief 

Counsel’s Office, 100 F Street NE, 

Washington, DC 20549–8010. 

2017 Mandatory Exchangeable Trust 

[File No. 811–23316] 

Summary: Applicant, a closed-end 

investment company, seeks an order 

declaring that it has ceased to be an 

investment company. On December 1, 

2020, applicant made liquidating 

distributions to its shareholders based 

on net asset value. Expenses of $1,500 

incurred in connection with the 

liquidation were paid by Inversora 

Carso, S.A. de C.V. (Mexico), Control 

Empresarial de Capitales, S.A. de C.V. 

(Mexico), and Banco Inbursa, S.A., 

Institucio ́n de Banca Mu ́ltiple, Grupo 

Financiero Inbursa. 

Filing Date: The application was filed 

on December 10, 2020. 

Applicant’s Address: wendell.faria@

dentons.com, dpuglisi@

puglisiassoc.com. 

Morgan Stanley New York Municipal 

Money Market Trust [File No. 811– 

05987] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. On September 16, 

2020, applicant made a liquidating 

distribution to its shareholders based on 

net asset value. Expenses of $85,000 

incurred in connection with the 

liquidation were paid by the applicant. 

Filing Date: The application was filed 

on January 5, 2021. 

Applicant’s Address: Jill.Whitelaw@

morganstanley.com. 

Mutual of America Institutional Funds 

Inc. [811–08922] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. The applicant has 

transferred its assets to Mutual of 

America Investment Corporation, and 

on December 16, 2020 made a final 

distribution to its shareholders based on 

net asset value. Expenses of $457,705.50 

incurred in connection with the 

reorganization were paid by the 

applicant’s investment advisor. 

Filing Date: The application was filed 

on December 21, 2020, and amended on 

February 9, 2021. 

Applicant’s Address: james.roth@

mutualofamerica.com. 

Nicholas High Income Fund, Inc. [File 

No. 811–00216] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. On July 24, 2020, 

applicant made a liquidating 

distribution to its shareholders based on 

net asset value. Expenses of $23,257.82 

incurred in connection with the 

liquidation were paid by the applicant’s 

investment advisor. Applicant also has 

an account receivable in the amount of 

$4,500, which is retained for the 

payment due on a voluntary consent 

solicitation for a bond which was 

tendered prior to liquidation. 

Filing Date: The application was filed 

on January 5, 2021. 

Applicant’s Address: jtthompson@

michaelbest.com. 

Tigershares Trust [811–23371] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. On November 25, 

2020, applicant made a liquidating 

distribution to its shareholders based on 

net asset value. Expenses of $10,000 

incurred in connection with the 

liquidation were paid by the applicant’s 

investment adviser, and/or their 

affiliates. 

Filing Date: The application was filed 

on December 11, 2020. 

Applicant’s Address: Stacy.Fuller@

klgates.com. 

XAI Octagon Credit Trust [File No. 811– 

23364] 

Summary: Applicant, a closed-end 

investment company, seeks an order 

declaring that it has ceased to be an 

investment company. Applicant has 

never made a public offering of its 

securities and does not propose to make 

a public offering or engage in business 

of any kind. 

Filing Date: The application was filed 

on January 5, 2021. 

Applicant’s Address: kevin.hardy@

skadden.com. 


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