28918 Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 

1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 

public attendance. The public is invited 

to attend the Commission’s meeting live 

by webcast at the Web address—https:// 

video.nrc.gov/. 

Week of June 28, 2021—Tentative 

There are no meetings scheduled for 

the week of June 28, 2021. 

Week of July 5, 2021—Tentative 

There are no meetings scheduled for 

the week of July 5, 2021. 

CONTACT PERSON FOR MORE INFORMATION: 

For more information or to verify the 

status of meetings, contact Wesley Held 

at 301–287–3591 or via email at 

Wesley.Held@nrc.gov. The schedule for 

Commission meetings is subject to 

change on short notice. 

The NRC Commission Meeting 

Schedule can be found on the internet 

at: https://www.nrc.gov/public-involve/ 

public-meetings/schedule.html. 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g., 

braille, large print), please notify Anne 

Silk, NRC Disability Program Specialist, 

at 301–287–0745, by videophone at 

240–428–3217, or by email at 

Anne.Silk@nrc.gov. Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

Members of the public may request to 

receive this information electronically. 

If you would like to be added to the 

distribution, please contact the Nuclear 

Regulatory Commission, Office of the 

Secretary, Washington, DC 20555, at 

301–415–1969, or by email at 

Wendy.Moore@nrc.gov or Tyesha.Bush@

nrc.gov. 

The NRC is holding the meetings 

under the authority of the Government 

in the Sunshine Act, 5 U.S.C. 552b. 

Dated: May 26, 2021. 

For the Nuclear Regulatory Commission. 

Wesley W. Held, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2021–11485 Filed 5–26–21; 4:15 pm] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting; Cancellation 

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: 86 FR 27907, May 24, 

2021. 

PREVIOUSLY ANNOUNCED TIME AND DATE OF

THE MEETING: Thursday, May 27, 2021 

at 2:00 p.m. 

CHANGES IN THE MEETING: The Closed 

Meeting scheduled for Thursday, May 

27, 2021 at 2:00 p.m., has been 

cancelled. 

CONTACT PERSON FOR MORE INFORMATION: 

For further information; please contact 

Vanessa A. Countryman from the Office 

of the Secretary at (202) 551–5400. 

Dated: May 26, 2021. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2021–11500 Filed 5–26–21; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–91976; File No. SR–ISE– 

2021–11] 

Self-Regulatory Organizations; Nasdaq 

ISE, LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend ISE’s Pricing 

Schedule at Options 7, Section 5, for 

NQX Index Options Fees and Rebates 

for Regular and Complex Orders 

May 24, 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 May 11, 

2021, Nasdaq ISE, LLC (‘‘ISE’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission (‘‘SEC’’ or 

‘‘Commission’’) the 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 proposes to amend 

ISE’s Pricing Schedule at Options 7, 

Section 5, Index Options Fees and 

Rebates. 

The Exchange originally filed the 

proposed pricing change on April 30, 

2021 (SR–ISE–2021–10). On May 11, 

2021, the Exchange withdrew that filing 

and submitted this filing. 

The text of the proposed rule change 

is available on the Exchange’s website at 

https://listingcenter.nasdaq.com/ 

rulebook/ise/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 

Options 7, Section 5, Index Options 

Fees and Rebates. Specifically, the 

Exchange proposes to amend Part B, 

NQX Index Options Fees and Rebates 

for Regular and Complex Orders. NQX 

is a proprietary index based on 1⁄5 the 

value of the Nasdaq–100 Index. 

Currently, the fees and rebates 

assessed for NQX regular and complex 

orders are as follows: 

Market participant Maker 

fee/rebate 

Taker 

fee/rebate 

Market Maker ........................................................................................................................................................... ($0.25) $0.00 

Market Maker (for orders sent by Electronic Access Members) ............................................................................. (0.25) 0.00 

Non-Nasdaq ISE Market Maker (FarMM) ............................................................................................................... 0.25 0.25 

Firm Proprietary/Broker-Dealer ................................................................................................................................ 0.25 0.25 

Professional Customer ............................................................................................................................................ 0.25 0.25 

Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 28919 

3The term Market Makers refers to ‘‘Competitive 

Market Makers’’ and ‘‘Primary Market Makers’’ 

collectively. See Options 1, Section 1(a)(21). The 

term Competitive Market Maker means a Member 

that is approved to exercise trading privileges 

associated with CMM Rights. See Options 1, 

Section 1(a)(12). The term Primary Market Maker 

means a Member that is approved to exercise 

trading privileges associated with PMM Rights. See 

Options 1, Section 1(a)(36). 

4A ‘‘Priority Customer’’ is a person or entity that 

is not a broker/dealer in securities, and does not 

place more than 390 orders in listed options per day 

on average during a calendar month for its own 

beneficial account(s), as defined in Nasdaq ISE 

Options 1, Section 1(a)(37). Unless otherwise noted, 

when used in this Pricing Schedule the term 

‘‘Priority Customer’’ includes ‘‘Retail’’ as defined 

below. A Non-Priority Customer would include a 

Market Maker, Non-Nasdaq ISE Market Maker 

(FarMM), Firm Proprietary/Broker-Dealer, and 

Professional Customer. 

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

6 15 U.S.C. 78f(b)(4) and (5). 

7NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 

2010) (quoting Securities Exchange Act Release No. 

59039 (December 2, 2008), 73 FR 74770, 74782–83 

(December 9, 2008) (SR–NYSEArca–2006–21)). 

8Securities Exchange Act Release No. 51808 

(June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) 

(‘‘Regulation NMS Adopting Release’’). 

9Market Makers, including for orders sent by 

Electronic Access Members, currently pay no NQX 

regular or complex order Taker Fees. 

10See Securities Exchange Act Release No. 83639 

(July 16, 2018), 83 FR 34625 (July 20, 2018) (SR– 

ISE–2018–61) (Notice of Filing and Immediate 

Effectiveness of Proposed Rule Change To Amend 

the Exchange’s Schedule of Fees To Add Establish 

Fees and Rebates for NQX Options and Make 

Several Clarifying Changes). 

Market participant Maker 

fee/rebate 

Taker 

fee/rebate 

Priority Customer ..................................................................................................................................................... 0.00 0.00 

NQX Taker Fees apply to the 

originating and contra side of Crossing 

Orders and to Responses to Crossing 

Orders. The Exchange proposes to 

amend this pricing. 

First, the Exchange proposes to 

amend the NQX regular and complex 

order pricing for Market Makers,3

including for orders sent by Electronic 

Access Members, to remove the current 

Maker Rebates of $0.25 per contract. 

The Exchange proposes to instead assess 

a Maker Fee of $0.25 per contract to 

Market Makers, including for orders 

sent by Electronic Access Members, 

similar to other Non-Priority 

Customers 4 in NQX. Since no market 

participants would be subject to an NQX 

Maker Rebate with the removal of the 

Market Maker rebates, the Exchange also 

proposes to amend the column header 

from ‘‘Maker Fee/Rebate’’ to ‘‘Maker 

Fee.’’ The Exchange also proposes to 

amend the column header ‘‘Taker Fee/ 

Rebate’’ to ‘‘Taker Fee’’ as there are no 

Taker Rebates. 

Second, the Exchange proposes to 

amend the current regular and complex 

order NQX Taker Fees for Market 

Makers, including for orders sent by 

Electronic Access Members, from $0.00 

per contract to $0.25 per contract. 

With this proposal, ISE would 

uniformly assess a $0.25 per contract 

NQX Maker and Taker Fee to all market 

participants for regular and complex 

orders, except Priority Customers. 

Priority Customers will continue to pay 

no NQX Maker or Taker Fee. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act,5 in general, and furthers the 

objectives of Sections 6(b)(4) and 6(b)(5) 

of the Act,6 in particular, in that it 

provides for the equitable allocation of 

reasonable dues, fees, and other charges 

among members and issuers and other 

persons using any facility, and is not 

designed to permit unfair 

discrimination between customers, 

issuers, brokers, or dealers. 

The proposed changes to the Pricing 

Schedule are reasonable in several 

respects. As a threshold matter, the 

Exchange is subject to significant 

competitive forces in the market for 

options securities transaction services 

that constrain its pricing determinations 

in that market. The fact that this market 

is competitive has long been recognized 

by the courts. In NetCoalition v. 

Securities and Exchange Commission, 

the D.C. Circuit stated as follows: ‘‘[n]o 

one disputes that competition for order 

flow is ‘fierce.’ . . . As the SEC 

explained, ‘[i]n the U.S. national market 

system, buyers and sellers of securities, 

and the broker-dealers that act as their 

order-routing agents, have a wide range 

of choices of where to route orders for 

execution’; [and] ‘no exchange can 

afford to take its market share 

percentages for granted’ because ‘no 

exchange possesses a monopoly, 

regulatory or otherwise, in the execution 

of order flow from broker dealers’. . . 

.’’ 7

The Commission and the courts have 

repeatedly expressed their preference 

for competition over regulatory 

intervention in determining prices, 

products, and services in the securities 

markets. In Regulation NMS, while 

adopting a series of steps to improve the 

current market model, the Commission 

highlighted the importance of market 

forces in determining prices and SRO 

revenues and, also, recognized that 

current regulation of the market system 

‘‘has been remarkably successful in 

promoting market competition in its 

broader forms that are most important to 

investors and listed companies.’’ 8

Numerous indicia demonstrate the 

competitive nature of this market. For 

example, clear substitutes to the 

Exchange exist in the market for options 

security transaction services. The 

Exchange is only one of sixteen options 

exchanges to which market participants 

may direct their order flow. Within this 

environment, market participants can 

freely and often do shift their order flow 

among the Exchange and competing 

venues in response to changes in their 

respective pricing schedules. As such, 

the proposal represents a reasonable 

attempt by the Exchange to increase its 

liquidity and market share relative to its 

competitors. 

The Exchange’s proposal to amend its 

NQX regular and complex order pricing 

for Market Makers, including for orders 

sent by Electronic Access Members, to 

remove the $0.25 per contract Maker 

Rebate and instead assess a $0.25 per 

contract Maker Fee, and start assessing 

a $0.25 per contract Taker Fee 9 is 

reasonable. The Exchange initially paid 

NQX Maker Rebates to Market Makers, 

including for orders sent by Electronic 

Access Members, to encourage Market 

Maker activity in NQX and offset the 

NQX license surcharge of $0.25 per 

contract, which is paid by all market 

participants. The Exchange desired to 

incentivize Market Makers to provide 

liquidity in the new product during the 

initial months of trading when it 

initially offered Market Makers these 

incentives in 2018.10 As NQX has been 

trading for over 2 years at this time, the 

Exchange proposes to align the pricing 

for Market Makers, including for orders 

sent by Electronic Access Members, 

with other Non-Priority Customer 

participants that currently pay $0.25 per 

contract Maker and Taker Fees. Also, 

the proposed pricing aligns with pricing 

for the Nasdaq–100 Index (‘‘NDX’’), 

28920 Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 

11 XND is based on 1/100th of the value of the 

Nasdaq–100 Index. 

12QQQ is an exchange-traded fund based on the 

Nasdaq–100 Index. Products such as QQQ provides 

market participants with a variety of choices in 

selecting the product they desire to utilize to 

transact the Nasdaq–100 Index as QQQ options 

overlie the same index as NDX, namely the Nasdaq– 

100 Index. This relationship between QQQ options 

and NDX options is similar to the relationship 

between RUT and the iShares Russell 2000 Index 

(‘‘IWM’’), which is the ETF on RUT. 

13See ISE Options 7, Section 3 for simple orders 

and Options 7, Section 4 for complex orders for 

pricing on QQQ options. XND options pricing is 

located within ISE Options 7, Section 5A. The 

applicable ISE complex order fees for Non-Select 

Symbols in Options 7, Section 4 apply to NDX 

options. See also Nasdaq Phlx LLC (‘‘Phlx’’) 

Options 7, Section 4 for XND pricing. XND is 

currently listed only on Phlx. 

14See pricing for Russell 2000 Index (‘‘RUT’’) on 

Cboe Exchange, Inc.’s Fees Schedule. 

15See ISE Options 7, Section 3 for simple orders 

and Options 7, Section 4 for Complex Orders for 

pricing on QQQ options. XND options pricing is 

located within Options 7, Section 5A. The 

applicable Complex Order fees for Non-Select 

Symbols in Options 7, Section 4 apply to NDX 

options. See also Nasdaq Phlx LLC (‘‘Phlx’’) 

Options 7, Section 4 for XND pricing. XND is 

currently listed only on Phlx. 

16 15 U.S.C. 78s(b)(3)(A)(ii). 

another proprietary product, in that 

Non-Priority Customers are uniformly 

assessed a transaction fee for regular 

orders, regardless of whether they are 

making or taking liquidity, and Priority 

Customers are not assessed any fees. 

The $0.25 per contract fee is reasonable 

as NQX is an exclusively listed product 

on ISE only. Also, the $0.25 per contract 

fee is well within the range of amounts 

assessed for NDX options, another 

Exchange proprietary product which 

assesses a $0.75 per contract fee to NonPriority Customers. The lower fee 

amount of $0.25 per contract for NQX 

options as compared to $0.75 per 

contract for NDX options is reasonable 

because NQX options is based on 1⁄5 of 

the value of the Nasdaq–100 Index 

whereas NDX options are based on the 

full value of the Nasdaq–100 Index, and 

the Exchange therefore seeks to assess 

corresponding reduced fees for NQX 

options. The Exchange notes that market 

participants are offered an opportunity 

to either transact NDX options, the 

Nasdaq 100 Micro Index Options or 

‘‘XND,’’ 11 or PowerShares QQQ Trust 

(‘‘QQQ’’) options.12 Although all of the 

products are based on the Nasdaq–100 

Index, and collectively they offer 

various notional sizes as well as 

different fees.13 These products all offer 

exposure to the Nasdaq–100 Index 

which is different from exposure to 

competing products. Finally, pricing by 

symbol is a common practice on many 

U.S. options exchanges as a means to 

incentivize order flow to be sent to an 

exchange for execution in particular 

products. Other options exchanges price 

by symbol.14

The Exchange’s proposal to amend its 

NQX regular and complex order pricing 

for Market Makers, including for orders 

sent by Electronic Access Members, to 

remove the $0.25 per contract Maker 

Rebate and instead assess a $0.25 per 

contract Maker Fee, and start assessing 

a $0.25 per contract Taker Fee is 

equitable and not unfairly 

discriminatory as ISE would uniformly 

assess a $0.25 per contract fee to all 

market participants, except Priority 

Customers. Priority Customers will 

continue to pay no Maker or Taker Fee. 

All other Non-Priority Customers would 

uniformly be assessed a $0.25 per 

contract fee regardless of whether the 

Non-Priority Customer is making or 

taking liquidity. The Exchange’s 

proposal to amend the column headers 

from ‘‘Maker Fee/Rebate’’ to ‘‘Maker 

Fee’’ and ‘‘Taker Fee/Rebate’’ to ‘‘Taker 

Fee’’ is reasonable, equitable and not 

unfairly discriminatory as no Member 

would be subject to a Maker Rebate with 

the removal of the rebates for Market 

Makers, including for orders sent by 

Electronic Access Members and there 

are no Taker Rebates today. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

In terms of intra-market competition, 

the Exchange does not believe that the 

proposed changes will place any 

category of market participant at a 

competitive disadvantage. Overall, the 

Exchange’s proposal is designed to 

incentivize participants to bring 

additional order flow to the Exchange, 

and create a more active and quality 

market in NQX. While Market Makers 

would pay a fee for either making or 

taking liquidity in NQX with this 

proposal, the Exchange believes that 

Market Makers will continue to be 

incentivized to offer liquidity in this 

product which is based on the Nasdaq– 

100 Index and offers investors similar 

strategies for investors. Market Makers 

on ISE are the only Market Makers 

making a market in NQX. Also, the 

Exchange would uniformly assess a 

$0.25 per contract NQX fee to all market 

participants for regular and complex 

orders, except Priority Customers, 

regardless of whether the Non-Priority 

Customer is making or taking liquidity. 

In terms of inter-market competition, 

the Exchange notes that it operates in a 

highly competitive market where other 

options markets may create products 

similar to those offered on ISE. There 

are other products today which are 

similarly based on the Nasdaq–100 

Index. Market participants are offered 

an opportunity to either transact NDX, 

XND, or QQQ options. Although all of 

the products are based on the Nasdaq– 

100 Index and offer various notional 

sizes as well as different fees.15 These 

products all offer exposure to the 

Nasdaq–100 Index which is different 

from exposure to competing products. 

The Exchange’s proposal to amend 

the column headers from ‘‘Maker Fee/ 

Rebate’’ to ‘‘Maker Fee’’ and ‘‘Taker Fee/ 

Rebate’’ to ‘‘Taker Fee’’ does not impose 

an undue burden on competition as no 

Member would be subject to a Maker 

Rebate with the removal of the rebates 

for Market Makers, including Market 

Maker (for orders sent by Electronic 

Access Members) and there are no Taker 

Rebates today. 

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 has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act.16 At any time 

within 60 days of the filing of the 

proposed rule change, the Commission 

summarily may temporarily suspend 

such rule change if it appears to the 

Commission that such action is: (i) 

Necessary or appropriate in the public 

interest; (ii) for the protection of 

investors; or (iii) otherwise in 

furtherance of the purposes of the Act. 

If the Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

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 Number SR– 

ISE–2021–11 on the subject line. 

Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 28921 

17 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. 90495 

(Nov. 24, 2020), 85 FR 77304 (Dec. 1, 2020) (SR– 

NYSE–2020–95) (‘‘Notice’’). 

4See Securities Exchange Act Release No. 90917 

(Jan. 13, 2021), 86 FR 6403 (Jan. 21, 2020). 

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

6See Securities Exchange Act Release No. 91227, 

(Mar. 1, 2021), 86 FR 12991 (Mar. 5, 2021). 

7 In Amendment No. 1, the Exchange proposes 

that the percentage parameter that would be 

applicable to when a DMM may electronically 

facilitate a Trading Halt Auction or would be 

required to publish a pre-opening indication would 

be 5% instead of 10%. See Letter from Martha 

Redding Associate General Counsel, NYSE LLC, to 

Secretary, Commission (April 12, 2021). 

Amendment No. 1 is available at https://

www.sec.gov/comments/sr-nyse-2020-95/ 

srnyse202095-8662901-235314.pdf. 

8Comments received on the proposed rule 

changes, as modified by Amendment No. 1, are 

available on the Commission’s website at https://

www.sec.gov/comments/sr-nyse-2020-95/ 

srnyse202095.htm. 

9 15 U.S.C. 78s(b)(2). 

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–ISE–2021–11. 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–ISE–2021–11 and should be 

submitted on or before June 18, 2021. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–11290 Filed 5–27–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Notice is hereby given, 

pursuant to the provisions of the 

Government in the Sunshine Act, Public 

Law 94–409, that the Securities and 

Exchange Commission Investor 

Advisory Committee will hold a public 

meeting on Thursday, June 10, 2021. 

The meeting will begin at 10:00 a.m. 

(ET) and will be open to the public. 

PLACE: The meeting will be conducted 

by remote means and/or at the 

Commission’s headquarters, 100 F St 

NE, Washington, DC 20549. Members of 

the public may watch the webcast of the 

meeting on the Commission’s website at 

www.sec.gov. 

STATUS: This Sunshine Act notice is 

being issued because a majority of the 

Commission may attend the meeting. 

On May 26, 2021, the Commission 

published notice of the Committee 

meeting (Release Nos. 33–10944, 34– 

92018), indicating that the meeting is 

open to the public and inviting the 

public to submit written comments to 

the Committee. 

MATTER TO BE CONSIDERED: The agenda 

for the meeting includes: Welcome 

remarks; approval of previous meeting 

minutes; a panel discussion regarding 

best execution and its role in post-NMS 

market structure; a panel discussion 

regarding best execution issues unique 

to wholesale brokers; a panel discussion 

regarding 10b5–1 plans; a discussion of 

a recommendation regarding individual 

retirement accounts; subcommittee 

reports; and a non-public administrative 

session. 

CONTACT PERSON FOR MORE INFORMATION: 

For further information and to ascertain 

what, if any, matters have been added, 

deleted or postponed; please contact 

Vanessa A. Countryman from the Office 

of the Secretary at (202) 551–5400. 

Dated: May 26, 2021. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2021–11502 Filed 5–26–21; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–91975; File No. SR–NYSE– 

2020–95] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Designation of a Longer Period for 

Commission Action on Proceedings To 

Determine Whether To Approve or 

Disapprove a Proposed Rule Change, 

as Modified by Amendment No. 1, To 

Make Permanent Commentaries to 

Rule 7.35A and Commentaries to Rule 

7.35B and Make Related Changes to 

Rules 7.32, 7.35C, 46B, and 47 

May 24, 2021. 

On November 13, 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 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

make permanent Commentaries .01(a) 

and (b) and .06 to Rule 7.35A (DMMFacilitated Core Open and Trading Halt 

Auctions) and Commentaries .01 and 

.03 to Rule 7.35B (DMM-Facilitated 

Closing Auctions) and to make related 

changes to Rules 7.32 (Order Entry), 

7.35C (Exchange-Facilitated Closing 

Auctions), 46B (Regulatory Trading 

Official), and 47 (Floor Officials— 

Unusual Situations). The proposed rule 

change was published for comment in 

the Federal Register on December 1, 

2020.3 On January 13, 2020, the 

Commission extended to March 1, 2021, 

the time period in which to approve the 

proposal, disapprove the proposal, or 

institute proceedings to determine 

whether to approve or disapprove the 

proposal.4 On March 1, 2021, the 

Commission instituted proceedings 

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

determine whether to approve or 

disapprove the proposed rule change.6

On April 12, 2021, the Exchange filed 

Amendment No. 1 7 to the proposed rule 

change with the Commission and 

submitted Amendment No. 1 for 

inclusion in the public comment file.8

The Commission has received no other 

comment letters on the proposed rule 

change, as modified by Amendment No. 

1. 

Section 19(b)(2) of the Act 9 provides 

that, after initiating proceedings, the 

Commission shall issue an order 

approving or disapproving the proposed 

rule change not later than 180 days after 

the date of publication of notice of filing 

of the proposed rule change. The 

Commission may extend the period for