44458 Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Notices 

20See Securities Exchange Act Release Nos. 

85127 (February 13, 2019), 84 FR 5173 (February 

20, 2019) (SR–MRX–2019–03). 

21Of note, prior to February 1, 2019, MRX 

assessed no ORF thereby creating a calendar year 

where Participants were assessed no ORF for a 

period similar to what is proposed. 

22 15 U.S.C. 78s(b)(3)(A). 

23 17 CFR 240.19b–4(f)(2). 

24 15 U.S.C. 78s(b)(2)(B). 25 17 CFR 200.30–3(a)(12). 

instance, today, Nasdaq MRX, LLC 

(‘‘MRX’’) assesses a lower ORF of 

$0.0004 per contract side.20 MRX has 

assessed this rate since February 1, 

2019.21 Depending on where a customer 

order is executed, a Participant could be 

assessed a much different ORF. For 

example, in the case where a customer 

order is sent to NOM and routed to 

MRX, and a non-Participant cleared that 

transaction, the NOM ORF of $0.0020 

would not be assessed to the Participant 

who executed the transaction or cleared 

the transaction, rather the MRX rate of 

$0.0004 per contract side would be 

assessed. In that same scenario 

presuming a non-Participant cleared the 

transaction, if the customer order could 

have executed on NOM instead of 

routing away the Participant would 

have been assessed the NOM ORF of 

$0.0020 per contract side. The customer, 

in that instance, would have no 

knowledge of where the order could be 

executed, as the liquidity profile of each 

exchange may differ at that exact 

moment. Therefore, Participants could 

be assessed a different ORF on the same 

day on the same transaction based on 

routing decisions, and in those cases the 

Participant would continue to benefit 

from the regulatory program available 

on each market and discover where the 

liquidity is available, irrespective of any 

ORF rate differentials across markets. 

The Exchange believes recommencing 

the ORF on February 1, 2022 at the same 

rate, unless options volumes or the 

Exchange’s regulatory expenses at that 

time warrant a proposed rule change, 

does not create an undue burden on 

competition because the ORF applies to 

all customer activity, thereby raising 

regulatory revenue to offset regulatory 

expenses. It also supplements the 

regulatory revenue derived from noncustomer activity. Recommencing the 

assessment of the current ORF does not 

create an unnecessary or inappropriate 

inter-market burden on competition 

because it is a regulatory fee that 

supports regulation in furtherance of the 

purposes of the Act. The Exchange is 

obligated to ensure that the amount of 

regulatory revenue collected from the 

ORF, in combination with its other 

regulatory fees and fines, does not 

exceed regulatory costs. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were either 

solicited or received. 

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) 22 of the Act and 

subparagraph (f)(2) of Rule 19b–4 23

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 

investors, or otherwise in furtherance of 

the purposes of the Act. If the 

Commission takes such action, the 

Commission shall institute proceedings 

under Section 19(b)(2)(B) 24 of the Act to 

determine whether the proposed rule 

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File No. SR– 

NASDAQ–2021–057 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 No. 

SR–NASDAQ–2021–057. 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 No. 

SR–NASDAQ–2021–057, and should be 

submitted on or before September 2, 

2021. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.25

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–17177 Filed 8–11–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–433, OMB Control No. 

3235–0489] 

Proposed Collection; 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 17a–6 

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’’) is soliciting comments 

on the collection of information 

provided for in Rule 17a–6 (17 CFR 

240.17a–6) under the Securities 

Exchange Act of 1934 (15 U.S.C. 78a et 

seq.). The Commission plans to submit 

this existing collection of information to 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Notices 44459 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 91064 

(February 4, 2021), 86 FR 8935 (‘‘Notice’’). 

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

the Office of Management and Budget 

(‘‘OMB’’) for extension and approval. 

Rule 17a– permits national securities 

exchanges, national securities 

associations, registered clearing 

agencies, and the Municipal Securities 

Rulemaking Board (‘‘MSRB’’) 

(collectively, ‘‘SROs’’) to destroy or 

convert to microfilm or other recording 

media records maintained under Rule 

17a–1, if they have filed a record 

destruction plan with the Commission 

and the Commission has declared the 

plan effective. 

There are currently 35 SROs: 24 

national securities exchanges, 1 national 

securities association, the MSRB, and 9 

registered clearing agencies. Of the 35 

SROs, only 2 SRO respondents have 

filed a record destruction plan with the 

Commission. The staff calculates that 

the preparation and filing of a new 

record destruction plan should take 160 

hours. Further, any existing SRO record 

destruction plans may require revision, 

over time, in response to, for example, 

changes in document retention 

technology, which the Commission 

estimates will take much less than the 

160 hours estimated for a new plan. The 

Commission estimates that each SRO 

that has filed a destruction plan will 

spend approximately 30 hours per year 

making required revisions. Thus, the 

total annual time burden is estimated to 

be approximately 60 hours per year 

based on two respondents (30 × 2). The 

approximate internal compliance cost 

per hour is $428, resulting in a total 

internal cost of compliance for these 

respondents of approximately $25,680 

per year (60 hours at $428 per hour). 

Written comments are invited on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

estimates of the burden of the proposed 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information collected; and (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted in 

writing within 60 days of this 

publication. 

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. 

Please direct your written comments 

to: David Bottom, Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o Cynthia 

Roscoe, 100 F Street NE, Washington, 

DC 20549, or send an email to: PRA_

Mailbox@sec.gov. 

Dated: August 6, 2021. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–17153 Filed 8–11–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–336, OMB Control No. 

3235–0379] 

Proposed Collection; 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: 

Form F–X 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

on the collection of information 

summarized below. The Commission 

plans to submit this existing collection 

of information to the Office of 

Management and Budget for extension 

and approval. 

Form F–X (17 CFR 239.42) is used to 

appoint an agent for service of process 

by Canadian issuers registering 

securities on Forms F–7, F–8, F–9 or F– 

10 under the Securities Act of 1933(15 

U.S.C. 77a et seq.), or filing periodic 

reports on Form 40–F under the 

Exchange Act of 1934(15 U.S.C. 78a et 

seq.). The information collected must be 

filed with the Commission and is 

publicly available. We estimate that it 

takes approximately 2 hours per 

response to prepare Form F–X and that 

the information is filed by 

approximately 114 respondents for a 

total annual reporting burden of 228 

hours (2 hours per response × 114 

responses). 

Written comments are invited on: (a) 

Whether this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden imposed by the collection 

of information; (c) ways to enhance the 

quality, utility, and clarity of the 

information collected; and (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology. Consideration will be given 

to comments and suggestions submitted 

in writing within 60 days of this 

publication. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid 

control number. 

Please direct your written comment to 

David Bottom, Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o Cynthia 

Roscoe, 100 F Street NE, Washington, 

DC 20549 or send an email to: PRA_

Mailbox@sec.gov. 

Dated: August 6, 2021. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–17158 Filed 8–11–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–92594; File No. SR– 

CboeBZX–2021–014] 

Self-Regulatory Organizations; Cboe 

BZX Exchange, Inc.; Notice of 

Designation of a Longer Period for 

Commission Action on Proceedings To 

Determine Whether To Approve or 

Disapprove a Proposed Rule Change 

To Allow Invesco Focused Discovery 

Growth ETF and Invesco Select 

Growth ETF To Strike and Publish 

Multiple Intraday Net Asset Values 

August 6, 2021. 

On January 22, 2021, Cboe BZX 

Exchange, Inc. (‘‘Exchange’’ or ‘‘BZX’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

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

Exchange Act of 1934 (‘‘Act’’ or 

‘‘Exchange Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

allow Invesco Focused Discovery 

Growth ETF and Invesco Select Growth 

ETF to strike and publish multiple 

intraday net asset values. The proposed 

rule change was published for comment 

in the Federal Register on February 10, 

2021.3

On March 24, 2021, pursuant to 

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

Commission designated a longer period 

within which to approve the proposed 

rule change, disapprove the proposed 


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