42944 Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Notices 

282See FINRA March 4 Letter at 25. 

283 Id. 

284 Id. See supra note 152 (addressing FINRA’s 

commitment to providing additional guidance and 

resources to member firms to assist in satisfying 

their compliance burdens under the proposed rule). 

285Separate comments addressing whether 

FINRA should otherwise disclose to firms their 

Preliminary Identification Metrics across all six 

categories is discussed above in ‘‘Resources to assist 

Member Firms with Compliance.’’ 

286 15 U.S.C. 78s(b)(2). 287 17 CFR 200.30–3(a)(12). 

that a firm is a Restricted Firm and 

seeks to impose requirements, 

conditions, or restrictions on the 

Restricted Firm.’’ 282 Further, FINRA 

asserted that the proposed expedited 

proceeding rule is not intended to 

provide any notice of the Preliminary 

Identification Metrics to firms other 

than those few that are deemed to be 

Restricted Firms.283 FINRA believes that 

the commenter may have instead been 

suggesting that it provide each firm with 

notice of its own Preliminary 

Identification Metrics under proposed 

Rule 4111, and indicated that if this is 

the case, FINRA reiterates its 

commitment to providing firms with 

compliance tools for the Rule 4111 

process.284

The expedited proceedings process 

proposed by FINRA will help afford 

firms with fair procedures to contest 

such decisions and determinations. The 

Commission also agrees with FINRA 

that disclosure of the Preliminary 

Identification Metrics to member firms 

does not fall within the purpose of the 

expedited proceedings rule.285

Accordingly, the Commission finds that 

the proposed new Rule 9561 and 

proposed amendments to existing Rule 

9559 will help facilitate the effective 

administration of proposed new Rule 

4111, while providing a fair appeal and 

review process for firms seeking to 

challenge FINRA’s decisions and 

determinations thereunder. For these 

reasons, the Commission finds FINRA’s 

approach is designed to protect 

investors and the public interest. 

However, the Commission also 

supports and encourages FINRA’s 

willingness to regularly reassess the 

performance of the Rule 4111 process in 

practice to continue to identify what 

further measures, if any, are necessary 

and appropriate to guard against such 

manipulation by firms. 

IV. Conclusion 

It is therefore ordered pursuant to 

Section 19(b)(2) of the Exchange Act 286

that the proposed rule change (SR– 

FINRA–2020–041), as modified by 

Amendment No. 1 and Amendment No. 

2, be, and hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.287

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–16671 Filed 8–4–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

34346] 

Notice of Applications for 

Deregistration Under Section 8(f) of the 

Investment Company Act of 1940 

July 30, 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 July 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 August 24, 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. 

AIP Macro Registered Fund A [File No. 

811–22682] 

Summary: Applicant, a closed-end 

investment company, seeks an order 

declaring that it has ceased to be an 

investment company. On May 17, 2019, 

August 28, 2019, December 20, 2019, 

April 2, 2020, and July 1, 2020, 

applicant made liquidating distributions 

to its shareholders based on net asset 

value. Expenses of $67,000 incurred in 

connection with the liquidation were 

paid by the applicant. Applicant also 

has retained $67,000 for the purpose of 

paying outstanding accrued liabilities. 

Filing Dates: The application was 

filed on October 14, 2020 and amended 

on July 27, 2021. 

Applicant’s Address: 

Jonathan.Gaines@dechert.com. 

BNY Mellon Growth and Income Fund, 

Inc. [File No. 811–06474] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. The applicant has 

transferred its assets to Nationwide 

Dynamic U.S. Growth Fund, a series of 

Nationwide Mutual Funds, and on 

December 11, 2019 made a final 

distribution to its shareholders. 

Expenses of $199,671.76 incurred in 

connection with the reorganization were 

paid by the applicant’s investment 

adviser and the acquiring fund’s 

investment adviser. 

Filing Dates: The application was 

filed on April 5, 2021 and amended on 

June 9, 2021, July 16, 2021, and July 22, 

2021. 

Applicant’s Address: peter.sullivan@

bnymellon.com. 

FSI Low Beta Absolute Return Fund 

[811–22595] 

Summary: Applicant, a closed-end 

investment company, seeks an order 

declaring that it has ceased to be an 

investment company. Applicant 

currently has six beneficial owners and 

will continue to operate as a private 

investment fund in reliance on Section 

3(c)(1) of the Act. 

Filing Dates: The application was 

filed on May 14, 2021 and amended on 

July 27, 2021. 

Applicant’s Address: tsheehan@

bernsteinshur.com. 

Variable Account J of Lincoln Life 

Assurance Co of Boston [File No. 811– 

08269] 

Summary: Summary: Applicant, a 

unit investment trust, seeks an order 

declaring that it has ceased to be an 

investment company. The applicant is 

not making and does not presently 

propose to make a public offering of its 

securities, and will continue to operate 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Notices 42945 

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

2 17 CFR 240.19b–4. 

in reliance on section 3(c)(1) of the 1940 

Act. 

Filing Dates: The application was 

filed on February 16, 2021 and amended 

on July 8, 2021. 

Applicant’s Address: Brad.Rodgers@

protective.com. 

For the Commission, by the Division of 

Investment Management, pursuant to 

delegated authority. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–16658 Filed 8–4–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–92535; File No. SR–BX– 

2021–032] 

Self-Regulatory Organizations; Nasdaq 

BX, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend the Options 4 

Listing Rules 

July 30, 2021. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on July 20, 

2021, Nasdaq BX, Inc. (‘‘BX’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission (‘‘SEC’’ or 

‘‘Commission’’) the proposed rule 

change as described in Items I, and II, 

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 

The Exchange proposes to amend 

BX’s Rules at Options 2, Section 5, 

Market Maker Quotations; Options 4, 

Options Listing Rules; and Options 4A, 

Section 12, Terms of Index Options 

Contracts. This proposal also reserves 

Options 4C. Finally, the Exchange 

proposes to reserve some sections with 

the Equity Rules. 

The text of the proposed rule change 

is available on the Exchange’s website at 

https://listingcenter.nasdaq.com/ 

rulebook/bx/rules, at the principal office 

of the Exchange, 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 the 

Options 4, Options Listing Rules, to 

conform BX’s Options 4 Listing Rules to 

Nasdaq ISE, LLC’s (‘‘ISE’’) Options 4 

Listing Rules. The Exchange also 

proposes to amend BX Options 4A, 

Section 12, Terms of Index Options 

Contracts and reserve BX Options 4C. 

Finally, the Exchange also proposes to 

amend Options 2, Section 5, Market 

Maker Quotations to relocate rule text 

concerning bid/ask differentials for 

long-term options contracts from BX 

Options 4 and Options 4A, similar to 

ISE. 

The Exchange also proposes a 

technical amendment to General 9, 

Section 51, Research Analysts and 

remove stray periods through Options 4. 

Each rule change is described below. 

Options 4, Options Listing Rules 

Conforming BX’s Options 4 Listing 

Rules to that of ISE Options 4 is part of 

the Exchange’s continued effort to 

promote efficiency in the manner in 

which it administers its rules. The 

Exchange proposes to amend these rules 

to conform to ISE Options 4 Rules. 

Section 1. Designation of Securities 

The Exchange proposes to replace the 

current rule text of Options 4, Section 

1 which states, 

Securities traded on the Exchange are 

options contracts, each of which is 

designated by reference to the issuer of 

the underlying security or name of 

underlying foreign currency, expiration 

month or expiration date, exercise price 

and type (put or call). 

with the following rule text, 

The Exchange trades options 

contracts, each of which is designated 

by reference to the issuer of the 

underlying security, expiration month 

or expiration date, exercise price and 

type (put or call). 

The Exchange proposes to amend this 

sentence within Options 4, Section 1 to 

conform to ISE Options 4, Section 1. 

The revised wording does not 

substantively amend the paragraph. 

Section 2. Rights and Obligations of 

Holders and Writers 

The Exchange proposes to replace the 

current rule text of Options 4, Section 

1 which states, 

Subject to the provisions of this 

Chapter, the rights and obligations of 

holders and writers of option contracts 

of any class of options dealt in on the 

Exchange shall be as set forth in the 

Rules of the Clearing Corporation. 

with the following rule text, 

The rights and obligations of holders 

and writers shall be as set forth in the 

Rules of the Clearing Corporation. 

The Exchange proposes to amend this 

sentence within Options 4, Section 2 to 

conform to ISE Options 4, Section 1. 

The revised wording does not 

substantively amend the paragraph. 

Section 3. Criteria for Underlying 

Securities 

Options 4, Section 3 of the Options 

Listing Rules is being updated to 

conform to ISE Options 4, Section 3. 

The Exchange proposes to amend 

Options 4, Section 3(a)(i) and (ii) to 

conform to ISE Options 4, Section 

3(a)(1) and (2) by changing the ‘‘i. and 

ii.’’ to ‘‘(1) and (2),’’ respectively. Also, 

the Exchange proposes to remove the 

phrase ‘‘with the SEC’’ within current 

BX Options 4, Section 3(a)(i). These 

amendments are non-substantive. 

The Exchange proposes to amend 

Options 4, Section 3(b) to reword the 

rule text to ISE Options 4, Section 3(b). 

The Exchange proposes to replace the 

current rule text of Options 4, Section 

3(b) which states, 

In addition, the Exchange shall from 

time to time establish standards to be 

considered in evaluating potential 

underlying securities for the Exchange 

options transactions. There are many 

relevant factors which must be 

considered in arriving at such a 

determination, and the fact that a 

particular security may meet the 

standards established by the Exchange 

does not necessarily mean that it will be 

selected as an underlying security. The 

Exchange may give consideration to 

maintaining diversity among various 

industries and issuers in selecting 

underlying securities. Notwithstanding 

the foregoing, an underlying security 

will not be selected unless: 


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