Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Notices 4317 

30Certain proposals for the listing and trading of 

exchange-traded products include a representation 

that the exchange will ‘‘surveil’’ for compliance 

with the continued listing requirements. See, e.g., 

Securities Exchange Act Release No. 77499 (April 

1, 2016), 81 FR 20428, 20432 (April 7, 2016) (SR– 

BATS–2016–04). In the context of this 

representation, it is the Commission’s view that 

‘‘monitor’’ and ‘‘surveil’’ both mean ongoing 

oversight of compliance with the continued listing 

requirements. Therefore, the Commission does not 

view ‘‘monitor’’ as a more or less stringent 

obligation than ‘‘surveil’’ with respect to the 

continued listing requirements. 

31The Exchange states that the Information 

Bulletin will discuss the following: (1) The risks 

involved in trading the Shares during the Opening 

and Late Trading Sessions when an updated IFV 

will not be calculated or publicly disseminated; (2) 

the procedures for purchases and redemptions of 

Shares in Creation Units and Redemption Units 

(and that Shares are not individually redeemable); 

(3) NYSE Arca Rule 9.2–E(a), which imposes a duty 

of due diligence on its ETP Holders to learn the 

essential facts relating to every customer prior to 

trading the Shares; (4) how information regarding 

the IFV is disseminated; (5) how information 

regarding portfolio holdings is disseminated; (6) the 

requirement that ETP Holders deliver a prospectus 

to investors purchasing newly issued Shares prior 

to or concurrently with the confirmation of a 

transaction; and (7) trading information. 

32 17 CFR 240.10A–3. 

33 15 U.S.C. 78f(b)(5). 

34 Id. 

35 17 CFR 200.30–3(a)(12). 

listing rules specified in the filing will 

constitute continued listing 

requirements for the Shares. The issuer 

will advise the Exchange of any failure 

by the Fund to comply with the 

continued listing requirements, and, 

pursuant to its obligations under 

Section 19(g)(1) of the Act, the Exchange 

will monitor 30 for compliance with the 

continued listing requirements. If the 

Fund is not in compliance with the 

applicable listing requirements, the 

Exchange will commence delisting 

procedures under NYSE Arca Rule 5.5– 

E(m). 

(4) The Exchange has the appropriate 

rules to facilitate transactions in the 

Shares during all trading sessions; 

(5) Prior to the commencement of 

trading, the Exchange will inform its 

ETP Holders in an Information Bulletin 

of the special characteristics and risks 

associated with trading the Shares; 31

(6) For initial and continued listing, 

the Fund will be in compliance with 

Rule 10A–3 under the Act; 32 and 

(7) A minimum of 100,000 Shares of 

the Fund will be outstanding at the 

commencement of trading on the 

Exchange. 

Accordingly, the Commission finds 

that the proposed rule change, as 

modified by Amendment No. 1, is 

consistent with Section 6(b)(5) of the 

Act 33 and the rules and regulations 

thereunder applicable to a national 

securities exchange. 

VI. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,34 that the 

proposed rule change (SR–NYSEArca– 

2021–29), as modified by Amendment 

No. 1, be, and hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.35

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–01562 Filed 1–26–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–149, OMB Control No. 

3235–0130] 

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 17Ad–2(c), (d), and (h). 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(‘‘PRA’’) (44 U.S.C. 3501 et seq.), 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 17Ad–2(c), (d), and (h), (17 CFR 

240.17Ad–2(c), (d), and (h)), under the 

Securities Exchange Act of 1934 (15 

U.S.C. 78a et seq.). 

Rule 17Ad–2(c),(d) and (h) 

enumerates the requirements with 

which transfer agents must comply to 

inform the Commission or the 

appropriate regulator of a transfer 

agent’s failure to meet the minimum 

performance standards set by the 

Commission rule by filing a notice. 

The Commission receives 

approximately 3 notices a year pursuant 

to Rule 17Ad–2(c), (d), and (h). The 

estimated annual time burden of these 

filings on respondents is minimal in 

view of: (a) The readily available nature 

of most of the information required to be 

included in the notice (since that 

information must be compiled and 

retained pursuant to other Commission 

rules); and (b) the summary fashion in 

which such information must be 

presented in the notice (most notices are 

one page or less in length). In light of 

the above, and based on the experience 

of the staff regarding the notices, the 

Commission staff estimates that, on 

average, most notices require 

approximately one-half hour to prepare. 

Thus, the Commission staff estimates 

that the industry-wide total time burden 

is approximately 1.5 hours per year. 

The retention period for the 

recordkeeping requirement under Rule 

17Ad–2(c), (d), and (h) is not less than 

two years following the date the notice 

is submitted. The recordkeeping 

requirement under this rule is 

mandatory to assist the Commission in 

monitoring transfer agents who fail to 

meet the minimum performance 

standards set by the Commission rule. 

This rule does not involve the collection 

of confidential information. A transfer 

agent is not required to file under the 

rule unless it does not meet the 

minimum performance standards for 

turnaround, processing or forwarding 

items received for transfer during a 

month. 

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. 

Comments must be submitted to OMB 

within 30 days of this notice. 

Dated: January 24, 2022. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–01614 Filed 1–26–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–224, OMB Control No. 

3235–0217] 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 


lotter on DSK11XQN23PROD with NOTICES1