Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices 3149 

23 17 CFR 200.30–3(a)(12). 

1Regulation NMS, adopted by the Commission in 

June 2005, redesignated the national market system 

rules previously adopted under Section 11A of the 

Exchange Act. Rule 11Ac1–5 under the Exchange 

Act was redesignated Rule 605 of Regulation NMS. 

See Securities Exchange Act Release No. 51808 

(June 9, 2005), 70 FR 37496 (June 29, 2005). In 

2018, Commission amended Rule 605(a)(2) to 

require market centers to keep reports required 

pursuant to Rule 605(a)(1) posted on an internet 

website that is free of charge and readily accessible 

to the public for a period of three years from the 

initial date of posting on the internet website. See 

Securities Exchange Act Release No. 84528 

(November 2, 2018), 83 FR 58338 (November 19, 

2018). 

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– 

NYSEAMER–2021–54 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–NYSEAMER–2021–54. 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–NYSEAMER–2021–54 and 

should be submitted on or before 

February 10, 2022. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.23

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–00979 Filed 1–19–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No 270–488, OMB Control No. 

3235–0542] 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of FOIA Services, 

100 F Street NE, Washington, DC 

20549–2736 

Extension: 

Rule 605 of Regulation NMS 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) (‘‘PRA’’), the 

Securities and Exchange Commission 

(‘‘Commission’’) has submitted to the 

Office of Management and Budget 

(‘‘OMB’’) a request for approval of 

extension of the previously approved 

collection of information provided for in 

Rule 605 (17 CFR 242.605) under the 

Securities Exchange Act of 1934 (15 

U.S.C. 78a et seq.) (‘‘Exchange Act’’). 

Rule 605 of Regulation NMS,1

formerly known as, Rule 11Ac1–5, 

requires market centers to make 

available to the public monthly order 

execution reports in electronic form. 

The Commission believes that many 

market centers retain most, if not all, of 

the underlying raw data necessary to 

generate these reports in electronic 

format. Once the necessary data is 

collected, market centers could either 

program their systems to generate the 

statistics and reports, or transfer the 

data to a service provider (such as an 

independent company in the business of 

preparing such reports or a selfregulatory organization) that would 

generate the statistics and reports. 

The collection of information 

obligations of Rule 605 apply to all 

market centers that receive covered 

orders in national market system 

securities. The Commission estimates 

that approximately 319 market centers 

are subject to the collection of 

information obligations of Rule 605. 

Each of these respondents is required to 

respond to the collection of information 

on a monthly basis. 

The Commission staff estimates that, 

on average, Rule 605 causes each 

respondent to spend 6 hours per month 

to collect the data necessary to generate 

the reports, or 72 hours per year. With 

an estimated 319 market centers subject 

to Rule 605, the total data collection 

time burden to comply with the 

monthly reporting requirement is 

estimated to be 22,968 hours per year. 

Based on discussions with industry 

sources, the Commission staff estimates 

that an individual market center could 

retain a service provider to prepare a 

monthly report using the data collected 

for approximately $2,978 per month or 

$35,736 per year. This per-respondent 

estimate is based on the rate that a 

market center could expect to obtain if 

it negotiated on an individual basis. 

Based on the $2,978 estimate, the 

monthly cost to all 319 market centers 

to retain service providers to prepare 

reports would be approximately 

$949,982, and the total annual cost for 

all 319 market centers would be 

approximately $11,399,784. 

The collection of information 

obligation imposed by Rule 605 is 

mandatory. The response will be 

available to the public and will not be 

kept confidential. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

under the PRA unless it displays a 

currently valid OMB control number. 

The public may view background 

documentation for this information 

collection at the following website: 

www.reginfo.gov. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to (i) www.reginfo.gov/public/do/ 

PRAMain and (ii) David Bottom, 

Director/Chief Information Officer, 

Securities and Exchange Commission, 

c/o John Pezzullo, 100 F Street NE, 

Washington, DC 20549, or by sending an 

email to: PRA_Mailbox@sec.gov. 


lotter on DSK11XQN23PROD with NOTICES1
3150 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Release No. 85855 (May 

14, 2019) 84 FR 22916 (May 20, 2019) (SR–C2– 

2019–010). 

4See Securities Exchange Release No. 89828 

(September 11, 2020), 85 FR 58078 (September 17, 

2020) (SR–C2–2020–013). 

5 15 U.S.C. 78f. 

6 15 U.S.C. 78f(b)(4). 

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78s(b)(3)(A). 

9 17 CFR 240.19b–4(f)(2). 

Dated: January 14, 2022. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–01050 Filed 1–19–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–93975; File No. SR–C2– 

2022–001] 

Self-Regulatory Organizations; Cboe 

C2 Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Amend Its Fee 

Schedule 

January 13, 2022. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that on January 4, 

2022, Cboe C2 Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘C2’’) filed with the 

Securities and Exchange Commission 

(the ‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III 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 

Cboe C2 Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘C2’’) proposes to amend 

its Fee Schedule. The text of the 

proposed rule change is provided in 

Exhibit 5. 

The text of the proposed rule change 

is also available on the Exchange’s 

website (http://markets.cboe.com/us/ 

options/regulation/rule_filings/ctwo/), 

at the Exchange’s Office of the 

Secretary, and at the Commission’s 

Public Reference Room. 

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 

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 its 

Fee Schedule to clarify that the 

transaction fee table generally 

applicable to incoming/auctioned orders 

executed within the Complex Order 

Auction (‘‘COA’’) against auction 

responses does not apply to such orders 

in DJX. In particular, the Fee Schedule 

currently provides for a separate rate 

table applicable to all executions in DJX 

only. As such, the general COA 

transaction fee table does not apply to 

DJX orders. When the Exchange adopted 

the DJX pricing table, it inadvertently 

omitted adding DJX to the list of 

excepted products for the rates provided 

in COA transaction fee table.3 The 

Exchange notes that, for the same reason 

(i.e., that the Fee Schedule provides for 

a separate DJX pricing table), it is 

currently explicit in the Fee Schedule 

that the standard transaction fee table 

generally applicable to simple, noncomplex orders also does not apply to 

such orders in DJX.4

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the objectives of Section 6 of the Act,5

in general, and furthers the objectives of 

Section 6(b)(4),6 in particular, as it is 

designed to provide for the equitable 

allocation of reasonable dues, fees and 

other charges among its Members and 

issuers and other persons using its 

facilities. The Exchange also believes 

that the proposed rule change is 

consistent with the objectives of Section 

6(b)(5) 7 requirements that the rules of 

an exchange be 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 regulating, clearing, settling, 

processing information with respect to, 

and 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, and, 

particularly, is not designed to permit 

unfair discrimination between 

customers, issuers, brokers, or dealers. 

The Exchange believes that the 

proposed change is reasonable, 

equitable and not unfairly 

discriminatory as it does not change the 

fees or rebates assessed by the 

Exchange, but rather updates the Fee 

Schedule to clarify that the COA 

transaction fee table does not apply to 

executions in DJX as there is a separate 

pricing table applicable to all executions 

in DJX only. The proposed rule change 

is merely a clarification in the Fee 

Schedule designed to reduce any 

potential confusion regarding the rate 

table that applies to executions in DJX. 

As stated above, for the same reason 

(i.e., that the Fee Schedule provides for 

a separate DJX pricing table), it is 

currently explicit in the Fee Schedule 

that the standard transaction fee table 

generally applicable to simple, noncomplex orders also does not apply to 

such orders in DJX. 

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 intramarket or 

intermarket competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act because the 

proposed rule change merely provides a 

clarification in Fee Schedule that is 

designed to reduce any potential 

confusion regarding the rate table that 

applies to executions in DJX without 

having any impact on competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

The Exchange 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 foregoing rule change is effective 

upon filing pursuant to Section 

19(b)(3)(A) 8 of the Act and 

subparagraph (f)(2) of Rule 19b–4 9

thereunder, because it establishes a due, 

fee, or other charge imposed by the 

Exchange. 

At any time within 60 days of the 

filing of such 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 


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