52704 Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices 

19 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 92545 

(August 2, 2021), 86 FR 43279 (August 6, 2021). 

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

5 Id. 

6 17 CFR 200.30–3(a)(31). 

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. 

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 Number SR– 

Phlx–2021–51 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–Phlx–2021–51. 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 

Number SR–Phlx–2021–51 and should 

be submitted on or before October 13, 

2021. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.19

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–20447 Filed 9–21–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–93024; File No. SR– 

PEARL–2021–35] 

Self-Regulatory Organizations; MIAX 

PEARL, LLC; Notice of Designation of 

a Longer Period for Commission 

Action on a Proposed Rule Change To 

Amend Exchange Rule 2616, Priority of 

Orders 

September 16, 2021. 

On July 20, 2021, MIAX PEARL, LLC 

(‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

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

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

amend Exchange Rule 2616, Priority of 

Orders, to provide that an order will 

receive a new timestamp when its 

position is modified via a Cancel/ 

Replace message during a Short Sale 

Period. The proposed rule change was 

published for comment in the Federal 

Register on August 6, 2021.3 The 

Commission has not received any 

comment letters on the proposed rule 

change. 

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

that, within 45 days of the publication 

of notice of the filing of a proposed rule 

change, or within such longer period up 

to 90 days as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or as to which the 

self-regulatory organization consents, 

the Commission shall either approve the 

proposed rule change, disapprove the 

proposed rule change, or institute 

proceedings to determine whether the 

proposed rule change should be 

disapproved. The 45th day after 

publication of the notice for this 

proposed rule change is September 20, 

2021. 

The Commission is extending the 45- 

day time period for Commission action 

on the proposed rule change. The 

Commission finds that it is appropriate 

to designate a longer period within 

which to take action on the proposed 

rule change so that it has sufficient time 

to consider the proposed rule change. 

Accordingly, pursuant to Section 

19(b)(2) of the Act,5 the Commission 

designates November 4, 2021, as the 

date by which the Commission shall 

either approve or disapprove, or 

institute proceedings to determine 

whether to disapprove, the proposed 

rule change (File No. SR–PEARL–2021– 

35). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–20451 Filed 9–21–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–450, OMB Control No. 

3235–0505] 

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 303 of Regulation ATS 

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 303 of Regulation ATS (17 CFR 

242.303) under the Securities Exchange 

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

(‘‘Exchange Act’’). 

Regulation ATS sets forth a regulatory 

regime for ‘‘alternative trading systems’’ 

(‘‘ATSs’’), which are entities that carry 

out exchange functions but are not 

required to register as national securities 

exchanges under the Act. In lieu of 

exchange registration, an ATS can 

instead opt to register with the 

Commission as a broker-dealer and, as 

a condition to not having to register as 

an exchange, must instead comply with 

Regulation ATS. Rule 303 of Regulation 

ATS (17 CFR 242.303) describes the 

record preservation requirements for 

ATSs. Rule 303 also describes how such 

Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices 52705 

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

2 17 CFR 240.19b–4. 

records must be maintained, what 

entities may perform this function, and 

how long records must be preserved. 

Under Rule 303, ATSs are required to 

preserve all records made pursuant to 

Rule 302, which includes information 

relating to subscribers, trading 

summaries, and time-sequenced order 

information. Rule 303 also requires 

ATSs to preserve any notices provided 

to subscribers, including, but not 

limited to, notices regarding the ATSs 

operations and subscriber access. For an 

ATS subject to the fair access 

requirements described in Rule 

301(b)(5)(ii) of Regulation ATS, Rule 

303 further requires the ATS to preserve 

at least one copy of its standards for 

access to trading, all documents relevant 

to the ATS’s decision to grant, deny, or 

limit access to any person, and all other 

documents made or received by the ATS 

in the course of complying with Rule 

301(b)(5) of Regulation ATS. For an ATS 

subject to the capacity, integrity, and 

security requirements for automated 

systems under Rule 301(b)(6) of 

Regulation ATS, Rule 303 requires an 

ATS to preserve all documents made or 

received by the ATS related to its 

compliance, including all 

correspondence, memoranda, papers, 

books, notices, accounts, reports, test 

scripts, test results and other similar 

records. Rule 303(a)(1)(v) of Regulation 

ATS requires every ATS to preserve the 

written safeguards and written 

procedures mandated under Rule 

301(b)(10). As provided in Rule 

303(a)(1), ATSs are required to keep all 

of these records, as applicable, for a 

period of at least three years, the first 

two in an easily accessible place. In 

addition, Rule 303 requires ATSs to 

preserve records of partnership articles, 

articles of incorporation or charter, 

minute books, stock certificate books, 

copies of reports filed pursuant to Rule 

301(b)(2) and Rule 304, and records 

made pursuant to Rule 301(b)(5) for the 

life of the ATS. ATSs that trade both 

NMS Stock and securities other than 

NMS Stock are required to file, and also 

preserve under Rule 303, both Form 

ATS and related amendments and Form 

ATS–N and related amendments. 

The information contained in the 

records required to be preserved by Rule 

303 will be used by examiners and other 

representatives of the Commission, state 

securities regulatory authorities, and the 

self-regulatory organizations (‘‘SROs’’) 

to ensure that ATSs are in compliance 

with Regulation ATS as well as other 

applicable rules and regulations. 

Without the data required by the Rule, 

regulators would be limited in their 

ability to comply with their statutory 

obligations, provide for the protection of 

investors, and promote the maintenance 

of fair and orderly markets. 

Respondents consist of ATSs that 

choose to register as broker-dealers and 

comply with the requirements of 

Regulation ATS. There are currently 94 

respondents. The Commission believes 

that the average ongoing hourly burden 

for a respondent to comply with the 

baseline record preservation 

requirements under Rule 303 is 

approximately 15 hours per year. We 

thus estimate that the average aggregate 

ongoing burden to comply with the 

baseline Rule 303 record preservation 

requirements is approximately 1,410 

hours per year. (94 ATSs × 15 hours = 

1,410 hours) In addition, there are 

currently two ATSs that transact in both 

NMS stock and non-NMS stock on their 

ATSs. These two ATSs have a slightly 

greater burden because they have to 

keep both Form ATS and Form ATS–N 

and related documents (e.g., 

amendments). For these two ATSs, we 

estimate that the ongoing burden above 

the current baseline estimate for 

preserving records will be 

approximately 1 hour annually per ATS 

for a total annual burden above the 

current baseline burden estimate of 2 

hours for all respondents. Thus, the 

estimated average annual aggregate 

burden for alternative trading systems to 

comply with Rule 303 is approximately 

1,412 hours (1,410 hours + 2 hours). 

Compliance with Rule 303 is 

mandatory. The information required by 

Rule 303 is available only for the 

examination of the Commission staff, 

state securities authorities and the 

SROs. Subject to the provisions of the 

Freedom of Information Act, 5 U.S.C. 

522 (‘‘FOIA’’), and the Commission’s 

rules thereunder (17 CFR 

200.80(b)(4)(iii)), the Commission does 

not generally publish or make available 

information contained in any reports, 

summaries, analyses, letters, or 

memoranda arising out of, in 

anticipation of, or in connection with an 

examination or inspection of the books 

and records of any person or any other 

investigation. 

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 Cynthia Roscoe, 100 F Street NE, 

Washington, DC 20549, or by sending an 

email to: PRA_Mailbox@sec.gov. 

Dated: September 16, 2021. 

J. Matthew Delesdernier, 

Assistant Secretary. 

[FR Doc. 2021–20442 Filed 9–21–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–93019; File No. SR– 

PEARL–2021–41] 

Self-Regulatory Organizations; MIAX 

PEARL, LLC; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Amend the MIAX Pearl 

Options Fee Schedule With Respect to 

Open-Close Report Data 

September 16, 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 

September 3, 2021, MIAX PEARL, LLC 

(‘‘MIAX Pearl’’ or ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’) a 

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 

The Exchange is filing a proposal to 

amend the MIAX Pearl Options Fee 

Schedule (the ‘‘Fee Schedule’’) to 

provide historical Open-Close Report 

data for free by amending the fees for 

the Open-Close Report to: (i) Respond to 

ad hoc requests for end-of-day data free 

of charge; and (ii) provide mid-month 

subscribers data for the entire month in 

which they subscribe. 

The text of the proposed rule change 

is available on the Exchange’s website at 

http://www.miaxoptions.com/rulefilings/pearl at MIAX Pearl’s principal 

office, and at the Commission’s Public 

Reference Room.