Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Notices 37779 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 90387 

(Nov. 10, 2020), 85 FR 73322 (Nov. 17, 2020) 

(‘‘Notice’’). 

4See Securities Exchange Act Release No. 90723 

(Dec. 18, 2020), 85 FR 84446 (Dec. 28, 2020). 

5 15 U.S.C. 78s(b)(2)(B). 

6See Securities Exchange Act Release No. 91121, 

(Feb. 12, 2021), 86 FR 10386 (Feb. 19, 2021) (‘‘Order 

Instituting Proceedings’’). 

7See Securities Exchange Act Release No. 91791 

(May 7, 2021), 86 FR 26110 (May 12, 2021). 

8 In Partial Amendment No. 2, the Exchange 

proposes to (1) update NYSE Rule 7.35A(g)(1) in 

Exhibit 5 of the proposal to incorporate the term 

‘‘Selling Shareholder Direct Floor Listing’’ to reflect 

the text of NYSE Rule 7.35A(g)(1) as recently 

amended, and (2) provide additional background 

for the proposal in response to the Commission’s 

request for comment in the Order Instituting 

Proceedings. See Letter from Martha Redding, 

Associate General Counsel, NYSE LLC to Secretary, 

Commission (May 11, 2021). Partial Amendment 

No. 2 is available at https://www.sec.gov/comments/ 

sr-nyse-2020-93/srnyse202093-8785691-237727.pdf. 

to Add Priority Mail Express, Priority 

Mail & First-Class Package Service 

Contract 74 to Competitive Product List 

and Notice of Filing Materials Under 

Seal; Filing Acceptance Date: July 12, 

2021; Filing Authority: 39 U.S.C. 3642, 

39 CFR 3040.130 through 3040.135, and 

39 CFR 3035.105; Public Representative: 

Kenneth R. Moeller; Comments Due: 

July 20, 2021. 

This Notice will be published in the 

Federal Register. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2021–15125 Filed 7–15–21; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

34328; 812–15240] 

DoubleLine Opportunistic Credit, et al; 

July 13, 2021. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice. 

Notice of an application under section 

6(c) of the Investment Company Act of 

1940 (the ‘‘Act’’) for an exemption from 

section 19(b) of the Act and rule 19b– 

1 under the Act to permit registered 

closed-end investment companies to 

make periodic distributions of long-term 

capital gains more frequently than 

permitted by section 19(b) or rule 19b– 

1. 

Summary of Application: Applicants 

request an order to permit certain 

registered closed-end management 

investment companies to pay as 

frequently as twelve times in any one 

taxable year in respect of its common 

stock and as often as specified by, or 

determined in accordance with the 

terms of, any preferred stock issued by 

the investment company subject to the 

terms and conditions stated in the 

application. 

Applicants: DoubleLine Opportunistic 

Credit Fund, DoubleLine Income 

Solutions Fund, DoubleLine Yield 

Opportunities Fund, DoubleLine Shiller 

CAPE Enhanced Income Fund, 

DoubleLine Capital LP, and DoubleLine 

Alternatives LP. 

Filing Dates: The application was 

filed on June 23, 2021. 

Hearing or Notification of Hearing: An 

order granting the requested relief will 

be issued unless the Commission orders 

a hearing. Interested persons may 

request a hearing by writing to the 

Commission’s Secretary and serving 

applicants with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on August 6, 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. 

ADDRESSES: Secretary, U.S. Securities 

and Exchange Commission, 100 F Street 

NE, Washington, DC 20549–1090; 

Applicants, 390 Park Avenue, 15th 

Floor, NY, NY 10022. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Reid Ragen, Branch Chief, at (202) 551– 

6825 (Division of Investment 

Management, Chief Counsel’s Office). 

SUPPLEMENTARY INFORMATION: For 

Applicants’ representations, legal 

analysis, and condition, please refer to 

Applicants’ application, dated June 23, 

2021, which may be obtained via the 

Commission’s website by searching for 

the file number, using the Company 

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

search/search.htm, or by calling (202) 

551–8090. 

For the Commission, by the Division of 

Investment Management, under delegated 

authority. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–15165 Filed 7–15–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 92373; File No. SR–NYSE– 

2020–93] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing of Partial Amendment No. 2 and 

Order Granting Accelerated Approval 

To Proposed Rule Change, as Modified 

by Partial Amendment No. 2, To 

Amend NYSE Rules 7.35 and 7.35A 

July 12, 2021. 

I. Introduction 

On November 3, 2020, New York 

Stock Exchange LLC (‘‘NYSE’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Exchange Act’’) 1 and Rule 

19b–4 thereunder,2 a proposed rule 

change to amend Rule 7.35 regarding 

dissemination of Auction Imbalance 

Information if a security is an IPO or 

Direct Listing and has not had its IPO 

Auction or Direct Listing Auction, and 

Rule 7.35A regarding DMM 

consultations in connection with an IPO 

or Direct Listing. The proposed rule 

change was published for comment in 

the Federal Register on November 17, 

2020.3 On December 18, 2020, the 

Commission extended to February 15, 

2020, the time period within which to 

approve the proposed rule change, 

disapprove the proposed rule change, or 

institute proceedings to determine 

whether to approve or disapprove the 

proposed rule change.4

On February 12, 2021, the 

Commission instituted proceedings 

under Section 19(b)(2)(B) of the Act 5 to 

determine whether to approve or 

disapprove the proposal.6 On April 9, 

2021, the Exchange filed Amendment 

No. 1 to the proposed rule change. On 

May 7, 2021, the Commission extended 

the time period for approving or 

disapproving the proposal for an 

additional 60 days until July 15, 2021.7

On May 11, 2021, the Exchange 

withdrew Partial Amendment No. 1 and 

filed Partial Amendment No. 2 to the 

proposal for inclusion in the public 

comment file.8 The Commission has not 

received comments on the proposed 

rule change, as modified by Partial 

Amendment No. 2. 

The Commission is publishing this 

notice to solicit comment on Partial 

Amendment No. 2 to the proposed rule 

change from interested persons, and is 

approving the proposed rule change, as 

modified by Partial Amendment No. 2, 

on an accelerated basis. 


jbell on DSKJLSW7X2PROD with NOTICES
37780 Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Notices 

9See Notice, supra note 3, for a complete 

description of the proposal as originally filed. 

10 In Partial Amendment No. 2, the Exchange also 

proposes to update the text to NYSE Rule 

7.35A(g)(1) in the Exhibit 5 to correctly reflect the 

text of that rule as recently amended. See supra 

note 8 and accompanying text. 

11As used in Exchange Rules, the term ‘‘Direct 

Listing’’ means a security that is listed under 

Footnote (E) to Section 102.01B of the Listed 

Company Manual, which can be either a ‘‘Selling 

Shareholder Direct Floor Listing’’ or a ‘‘Primary 

Direct Floor Listing.’’ See NYSE Rule 1.1(f). 

12See Notice, supra note 3, 85 FR at 73323. 

Commentaries .01 and .02 to Rule 7.35, currently 

in effect on a temporary basis through August 31, 

2021, provide for the dissemination of Auction 

Imbalance Information if a security is an IPO or 

Direct Listing and has not had its IPO Auction or 

Direct Listing Auction. See Securities Exchange Act 

Release No. 91778 (May 5, 2021), 86 FR 25902 (May 

11, 2021) (SR–NYSE–2021–29). 

13See Notice, supra note 3, 85 FR at 73323. 

14See id. 

15See Notice, supra note 3, 85 FR at 73323. 16See id. 17See Notice, supra note 3, 85 FR at 73324. 18See id. 19See id. 20See id. 21See id. 

22See Order Instituting Proceedings, supra note 6, 

86 FR at 10387. 

23See Partial Amendment No. 2, supra note 8, at 

7. 

24See id. 

25See id. 

26See Partial Amendment No. 2, supra note 8, at 

7–8. 

II. Description of the Proposal, As 

Modified by Partial Amendment No. 2 9

and Order Instituting Proceedings 

A. Description of the Proposal As 

Modified by Partial Amendment No. 2 

The Exchange proposes to (1) amend 

NYSE Rule 7.35 to make permanent that 

the Exchange would disseminate 

Auction Imbalance Information if a 

security is an IPO or Direct Listing and 

has not had its IPO Auction or Direct 

Listing Auction, and (2) amend NYSE 

Rule 7.35A regarding DMM 

consultations in connection with an IPO 

Auction or Direct Listing Auction.10

NYSE Rule 7.35—Auction Imbalance 

Information 

The Exchange proposes to make 

permanent that the Exchange would 

disseminate Auction Imbalance 

Information if a security is an IPO or 

Direct Listing 11 and has not had its IPO 

Auction or Direct Listing Auction.12 The 

Exchange states that disseminating 

Auction Imbalance Information in 

advance of an IPO Auction or Direct 

Listing Auction would promote 

transparency in advance of these 

Auctions, which would benefit 

investors and other market 

participants.13

As part of the proposed change, the 

Exchange proposes that the Imbalance 

Reference Price for determining the 

Auction Imbalance Information for 

either an IPO Auction or a Direct Listing 

Auction would be determined in the 

same manner as currently provided for 

under the temporary Commentaries .01 

and .02 to NYSE Rule 7.35, 

respectively.14 Specifically, the 

Imbalance Reference Price for 

determining the Auction Imbalance 

Information for a Core Open Auction 

under NYSE Rule 7.35A(e)(3) is the 

Consolidated Last Sale Price, bound by 

the bid and offer of any published preopening indication.15 Because the 

definition of Imbalance Reference Price 

does not currently specify what the 

Consolidated Last Sale Price would be 

for an IPO Auction or Direct Listing 

Auction (which does not exist because 

the security has not been previously 

listed on an exchange), the Exchange 

proposes to amend the definition of 

Consolidated Last Sale Price in NYSE 

Rule 7.35(a)(11)(A) to provide that: (i) 

For an IPO that has not had its IPO 

Auction, the Consolidated Last Sale 

Price would mean the security’s offering 

price; and (ii) for a Direct Listing that 

has not had its Direct Listing Auction, 

the Consolidated Last Sale Price would 

mean the Indication Reference Price for 

such security.16

NYSE Rule 7.35A—DMM Consultations 

The Exchange proposes to amend 

NYSE Rule 7.35A(g)(1) to provide that a 

DMM may consult with an underwriter 

or financial advisor for initial listings or 

follow-on offerings for the issuer of such 

security.17 The Exchange represents that 

the proposed rule text reflects longstanding practice relating to the type of 

consultations that a Designated Market 

Maker (‘‘DMM’’) may have with an 

underwriter or financial advisor.18 The 

Exchange further proposes to specify 

that any such consultations will be 

conducted by an underwriter or 

financial advisor relaying information to 

the DMM via either a Floor broker or 

Exchange staff.19 The Exchange 

represents that, as with current practice, 

the only consultations that would be 

required in Exchange rules would be in 

connection with a Selling Shareholder 

Direct Floor Listing that has not had 

recent sustained history of trading in a 

Private Placement Market prior to 

listing.20 The Exchange states that it 

believes that this proposed rule would 

promote transparency and clarity in 

Exchange rules by specifying the 

existing process whereby a DMM may 

consult with an underwriter or financial 

advisor in connection with a security 

having its initial listing on the Exchange 

or for a follow-on offering.21

B. Order Instituting Proceedings 

In the Order Instituting Proceedings, 

the Commission requested comment on, 

among other things: (1) Whether the 

proposed rule should specify what is a 

permitted consultation provided for in 

the proposed amendments to NYSE 

Rule 7.35A; (2) whether there any types 

of information that the underwriter or 

financial advisor should be prohibited 

from conveying to the DMM in these 

consultations; (3) whether a DMM 

should be permitted to communicate 

directly with the underwriter or 

financial advisor with respect to these 

consultations, rather than through a 

Floor broker or a member of the 

Exchange’s staff; and (4) whether the 

Exchange’s rules should distinguish 

between DMM consultations with 

underwriters or financial advisors with 

respect to follow-on offerings for 

securities that have a market value 

reflected in trading prices as opposed to 

initial offerings.22

In response to the questions raised in 

the Order Instituting Proceedings, the 

Exchange states that there is a longstanding practice on the Trading Floor 

for DMMs to communicate with 

underwriters via Floor brokers in 

connection with IPO Auctions and Core 

Open Auctions for follow-on offerings.23

According to the Exchange, this practice 

is consistent with Exchange rules, 

which permit Floor brokers to use 

cellular phones at the point of sale, 

including to relay market look 

information off the Trading Floor.24 The 

Exchange states its belief that this 

practice also promotes a fair and orderly 

and transparent auction process because 

any information that is relayed from the 

underwriter to the DMM or from the 

DMM to the underwriter is announced 

on the Trading Floor, and is thereby 

available to anyone at the point of 

sale.25 The Exchange also states that, to 

the extent the DMM receives 

information that would affect the 

opening price, that information would 

be incorporated into the pre-opening 

indication published by the DMM, 

which is disseminated via both 

proprietary data feeds and the 

Consolidated Tape. The Exchange states 

that when the Exchange introduced 

Direct Listing Auctions, DMMs met 

their obligation to consult with financial 

advisors using the same process.26

The Exchange states that the proposal 

would specify in Exchange rules this 

long-standing practice with only one 

proposed difference—specifically, that 

the Exchange proposes to provide an 

underwriter or financial advisor the 

choice to use either a Floor broker or 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Notices 37781 

27See Partial Amendment No. 2, supra note 8, at 

8. 

28See id. 

29See id. 

30See id. 

31See id. 

32See id. 

33See id. 

34 In approving this proposed rule change, the 

Commission has considered the proposed rule 

change’s impact on efficiency, competition, and 

capital formation. See 15 U.S.C. 78c(f). 

35 15 U.S.C. 78f(b)(5). 

36See Securities Exchange Act Release Nos. 

74837 (April 29, 2015), 80 FR 25741 (May 5, 2015) 

(SR–NYSE–2015–19) (Notice of filing and 

immediate effectiveness of proposed rule change); 

and 82627 (Feb. 2, 2018), 83 FR 5650 (Feb. 8, 2018) 

(SR–NYSE–2017–30) (Approval Order). 

37See Securities Exchange Act Release No. 85962 

(May 29, 2019), 84 FR 26188, 26208 at n.73 (June 

5, 2019) (SR–NYSE–2019–05) (Approval Order). As 

part of the transition to Pillar, the Exchange 

replaced the term ‘‘Order Imbalance Information’’ 

with ‘‘Auction Imbalance Information.’’ 

38See Notice, supra note 3, 85 FR at 73323. 

39See id. 

40See, e.g., Securities Exchange Act Release No. 

90758 (Dec. 22, 2020), 85 FR 85807, 85813 (Dec. 29, 

2020) (SR–NYSE–2019–67) (stating, in approving 

the Exchange’s proposed modification to its direct 

listing rules, that the Exchange had added language 

to its rule proposal ‘‘reminding financial advisers to 

an issuer and the DMM that any consultations with 

the financial advisor must be conducted in a 

manner consistent with the federal securities laws, 

including Regulation M and other antimanipulation requirements,’’ and further stating 

that the Exchange had represented that it had 

retained FINRA to monitor such compliance and 

that it planned to issue regulatory guidance in this 

area). 

Exchange staff to relay information to 

and from the DMM.27 The Exchange 

states that it has been operating in this 

manner on a temporary basis during the 

period when there have been reduced 

DMM and Floor broker staff on the 

Trading Floor to reduce the spread of 

COVID–19.28 The Exchange states its 

belief that if an underwriter or financial 

advisor chooses to use Exchange staff to 

relay information, it would still be an 

open and transparent process, because 

any information that Exchange staff 

request of a DMM would be relayed to 

anyone at the point of sale, and any 

information that an underwriter or 

financial advisor provides to Exchange 

staff would be relayed to the DMM at 

the point of sale, again, available to 

anyone else standing in the crowd.29

The Exchange states its belief that it 

is not necessary for Exchange rules to 

impose any restrictions on the type of 

information that is relayed from an 

underwriter or financial advisor to the 

DMM and vice versa because, in the 

Exchange’s view, the manner of such 

communications makes them available 

to all Floor brokers that choose to be at 

the point of sale, and if the 

communications impact pricing, that 

information would be incorporated into 

the pre-opening indication published by 

the DMM and disseminated via both 

proprietary data feeds and the 

Consolidated Tape.30 The Exchange also 

states its belief that, because any such 

communications are available to any 

Floor brokers at the point of sale, and 

could be shared with customers of those 

Floor brokers, Exchange rules do not 

need to limit the information an 

underwriter or financial advisor may 

ask to be relayed to the DMM by a Floor 

broker or Exchange staff.31 The 

Exchange further states that having a 

Floor-based intermediary between an 

underwriter or financial advisor and the 

DMM ensures an open and transparent 

process on the Trading Floor, and that, 

therefore, in the Exchange’s view, 

Exchange rules do not need to be 

modified at this time to permit direct 

communications between the DMM and 

underwriter or financial advisor.32

Finally, the Exchange states that, for 

similar reasons, the Exchange does not 

believe that the permissible method of 

communication needs to be 

distinguished among an IPO Auction, 

Direct Listing Auction, or Core Open 

Auction in connection with a follow-on 

offering.33

III. Discussion and Commission 

Findings 

After careful review, the Commission 

is approving the proposed rule change, 

as modified by Amendment No. 2, for 

the reasons discussed below.34 The 

Commission finds that the proposed 

rule change, as modified, is consistent 

with the requirements of the Act and the 

rules and regulations thereunder 

applicable to a national securities 

exchange, including Section 6(b)(5) of 

the Exchange Act,35 which requires, 

among other things, that the rules of a 

national securities exchange be 

designed 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; and 

are not designed to permit unfair 

discrimination between customers, 

issuers, brokers, or dealers. 

The proposed change to make 

permanent that the Exchange would 

disseminate Auction Imbalance 

Information if a security is an IPO or 

Direct Listing and has not had its IPO 

Auction or Direct Listing Auction is 

reasonably designed to promote fair and 

orderly IPO Auctions and Direct Listing 

Auctions, because including this 

information in the Auction Imbalance 

Information on the same terms that it is 

disseminated for other Core Open 

Auctions would promote transparency 

in advance of an IPO Auction or Direct 

Listing Auction. The Exchange initially 

excluded IPOs and Direct Listings from 

Order Imbalance Information because 

Exchange systems at the time did not 

have access to interest represented in 

the crowd by Floor brokers.36 Since the 

Exchange transitioned to its Pillar 

trading platform in August 2019, all 

Floor broker interest intended for a Core 

Open Auction, IPO Auction, or Direct 

Listing Auction must be entered 

electronically,37 and Exchange systems 

will include such orders in the Auction 

Imbalance Information.38 Because Floor 

broker interest is now entered 

electronically and can be included in 

Auction Imbalance Information for all 

Core Open Auctions, the original 

rationale for excluding such information 

has become moot. 

The Commission also finds that the 

proposal to make permanent the ability 

of an underwriter or financial advisor to 

convey information to the DMM in 

connection with initial listings and 

follow-on offerings via either a Floor 

broker or Exchange staff is consistent 

with the Act. Whether an underwriter or 

financial advisor relays information to 

the DMM via Exchange staff or a Floor 

broker, the process would remain open 

and transparent because all such 

communications would occur on the 

Exchange floor in the presence of all 

persons present in the trading crowd 

and because, if those communications 

impact the anticipated pricing of the 

auction, that information would be 

incorporated into the pre-opening 

indication published by the DMM and 

disseminated via both proprietary data 

feeds and the Consolidated Tape, which 

provides additional transparency.39 The 

Commission, however, reminds market 

participants that the federal securities 

laws, including Regulation M and other 

antifraud and anti-manipulation 

provisions, will continue to apply and 

that the proposed amendments to NYSE 

Rule 7.35A(g)(1) do not modify or 

provide any relief from—or create an 

exception to—these provisions of the 

federal securities laws and regulations, 

including Regulation M.40 Further, 

reliance on NYSE Rule 7.35A(g)(1) or 

any amendments thereto would not 

create a safe harbor with respect to 

violations of Regulation M. 

The proposed change to NYSE Rule 

7.35A(g)(1) is reasonably designed to 

protect investors and the public interest 

and provide greater clarity and 

transparency in Exchange rules by 


jbell on DSKJLSW7X2PROD with NOTICES
37782 Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Notices 

41See Notice, supra note 3, 85 FR at 73325. 

42 15 U.S.C. 78s(b)(2). 

43 15 U.S.C. 78s(b)(2). 

44 15 U.S.C. 78s(b)(2). 

45 17 CFR 200.30–3(a)(12). 

1 ISW filed an errata on June 28, 2021, to correct 

the description of the Lines. According to ISW, in 

its original submissions, the locations for milepost 

282.0 and milepost 277.5 were unintentionally 

swapped. 

codifying the current practice for DMM 

consultations with the underwriter or 

financial advisor of an issuer of a 

security in connection with initial 

listings and follow-on offerings. The 

Exchange represents that this proposed 

rule change would not result in any 

changes to how a DMM would 

determine the Auction Price for Core 

Open Auctions under NYSE Rule 

7.35A(g).41

For the reasons discussed above, the 

Commission finds that the proposed 

rule change, as modified by Amendment 

No. 2, is consistent with the 

requirements of the Act and in 

particular Section 6(b)(5) because it is 

reasonably 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, 

and to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system, and is not designed to permit 

unfair discrimination between 

customers, issuers, brokers, or dealers. 

IV. Solicitation of Comments on Partial 

Amendment No. 2 to the Proposed Rule 

Change 

Interested persons are invited to 

submit written data, views and 

arguments concerning the foregoing, 

including whether Partial Amendment 

No. 2 to 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– 

NYSE–2020–93 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–NYSE–2020–93. 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 and on the 

Exchange’s website https://

www.nyse.com/regulation/rulefilings?market=NYSE. 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–NYSE–2020–93 and should 

be submitted on or before August 6, 

2021. 

V. Accelerated Approval of the 

Proposed Rule Change, as Modified as 

Partial Amendment No. 2 

The Commission finds good cause, 

pursuant to Section 19(b)(2) of the 

Act,42 to approve the proposed rule 

change, as modified by Partial 

Amendment No. 2, prior to the 30th day 

after the date of publication of Partial 

Amendment No. 2 in the Federal 

Register. As noted above, Partial 

Amendment No. 2 does not amend the 

substance of the proposal as initially 

filed but instead corrects reference in 

the rule text in the Exhibit 5 and 

provides additional background on the 

proposal. Because Partial Amendment 

No. 2 does not materially alter the 

substance of the proposed rule change 

or raise unique or novel regulatory 

issues, the Commission finds that 

accelerated approval of Partial 

Amendment No. 2 is consistent with the 

Act. 

For the reasons discussed above, the 

Commission finds that Partial 

Amendment No. 2 is reasonably 

designed to protect investors and the 

public interest, and consistent with the 

requirements of the Act. Accordingly, 

the Commission finds good cause, 

pursuant to Section 19(b)(2) of the 

Act,43 to approve the proposed rule 

change, as modified by Partial 

Amendment No. 2, on an accelerated 

basis. 

VI. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Exchange Act,44

that the proposed rule change (SR– 

NYSE–2020–93), as modified by Partial 

Amendment No. 2, be, and it hereby is, 

approved on an accelerated basis. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.45

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–15103 Filed 7–15–21; 8:45 am] 

BILLING CODE 8011–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. AB 1065 (Sub-No. 4X)] 

Indiana Southwestern Railway Co.— 

Abandonment Exemption—in Posey 

and Vanderburgh Counties, Ind. 

Indiana Southwestern Railway Co. 

(ISW) has filed a verified notice of 

exemption under 49 CFR part 1152 

subpart F—Exempt Abandonments to 

abandon approximately 20.367 miles of 

interconnecting rail lines (the Lines) in 

Posey and Vanderburgh Counties, Ind., 

as follows: (1) From milepost 227.5 (at 

Poseyville, Ind.) to milepost 243.2 (at 

the centerline of North St. Josephs Ave. 

near Evansville, Ind.), a total of 

approximately 15.7 miles; and (2) 

approximately 4.667 route miles from 

milepost 282.0 (at Poseyville, Ind.) to 

milepost 277.5 (at Cynthiana, Ind.).1

The Lines traverse U.S. Postal Service 

Zip Codes 47720, 47633, and 47612. 

ISW has certified that: (1) No local 

traffic has moved over the Lines for well 

over two years; (2) there is no overhead 

traffic on the Lines, and, if there were 

any, it could be rerouted over other 

lines; (3) no formal complaint filed by 

a user of rail service on the Lines (or by 

a state or local government entity acting 

on behalf of such user) regarding 

cessation of service over the Lines either 

is pending with the Surface 

Transportation Board (Board) or with 

any U.S. District Court or has been 

decided in favor of a complainant 

within the two-year period; and (4) the 

requirements of 49 CFR 1105.7 and 

1105.8 (notice of environmental and 


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