30642 Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices 

33 15 U.S.C. 78s(b)(3)(A). 

34 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) requires a self-regulatory organization to give 

the Commission written notice of its intent to file 

the proposed rule change at least five business days 

prior to the date of filing of the proposed rule 

change, or such shorter time as designated by the 

Commission. The Exchange has satisfied this 

requirement. 

35 17 CFR 240.19b–4(f)(6)(iii). 

36See supra note 8. 

37See id. 

38For purposes only of waiving the 30-day 

operative delay, the Commission has also 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 39 17 CFR 200.30–3(a)(12). 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 33 and Rule 19b– 

4(f)(6) thereunder.34

A proposed rule change filed 

pursuant to Rule 19b–4(f)(6) under the 

Act normally does not become operative 

for 30 days after the date of its filing. 

However, Rule 19b–4(f)(6)(iii) 35 permits 

the Commission to designate a shorter 

time if such action is consistent with the 

protection of investors and the public 

interest. The Exchange has requested 

that the Commission waive the 30-day 

operative delay so that the proposal may 

become operative immediately upon 

filing. The Exchange states that the 

Commission has previously approved 

proposed rule changes to permit listing 

and trading on the Exchange of Active 

Proxy Portfolio Shares similar to the 

Funds.36 The Exchange also states that 

the Commission has previously issued a 

notice of filing and immediate 

effectiveness for a proposed rule change 

relating to the proposed listing on a 

national securities exchange of other 

issues of Active Proxy Portfolio Shares 

similar to the Funds.37 For these 

reasons, the Commission believes that 

waiver of the 30-day operative delay is 

consistent with the protection of 

investors and the public interest. 

Accordingly, the Commission hereby 

waives the 30-day operative delay and 

designates the proposed rule change 

operative upon filing.38

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 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– 

NYSEArca–2021–46 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–NYSEArca–2021–46. 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–NYSEArca–2021–46 and 

should be submitted on or before June 

30, 2021. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.39

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–12029 Filed 6–8–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–141, OMB Control No. 

3235–0249] 

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 12f–3 

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 12f–3 (17 CFR 240.12f–3), under 

the Securities Exchange Act of 1934 

(‘‘Act’’) (15 U.S.C. 78a et seq.). 

Rule 12f–3 (‘‘Rule’’), which was 

originally adopted in 1955 pursuant to 

Sections 12(f) and 23(a) of the Act, and 

as further modified in 1995, sets forth 

the requirements to submit an 

application to the Commission for 

termination or suspension of unlisted 

trading privileges in a security, as 

contemplated under Section 12(f)(4) of 

the Act. In addition to requiring that one 

copy of the application be filed with the 

Commission, the Rule requires that the 

application contain specified 

information. Under the Rule, an 

application to suspend or terminate 

unlisted trading privileges must 

provide, among other things, the name 

of the applicant; a brief statement of the 

applicant’s interest in the question of 

termination or suspension of such 

unlisted trading privileges; the title of 

the security; the name of the issuer; 

certain information regarding the size of 

the class of security, the public trading 

volume and price history in the security 

for specified time periods on the subject 

exchange and a statement indicating 

that the applicant has provided a copy 

of such application to the exchange 

from which the suspension or 

termination of unlisted trading 

privileges are sought, and to any other 

exchange on which the security is listed 

or admitted to unlisted trading 

privileges. 

The information required to be 

included in applications submitted 

pursuant to Rule 12f–3, is intended to 

provide the Commission with sufficient 

information to make the necessary 

findings under the Act to terminate or 


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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices 30643 

suspend by order the unlisted trading 

privileges granted a security on a 

national securities exchange. Without 

the Rule, the Commission would be 

unable to fulfill these statutory 

responsibilities. 

The burden of complying with Rule 

12f–3 arises when a potential 

respondent, having a demonstrable bona 

fide interest in the question of 

termination or suspension of the 

unlisted trading privileges of a security, 

determines to seek such termination or 

suspension. The staff estimates that 

each such application to terminate or 

suspend unlisted trading privileges 

requires approximately one hour to 

complete. Thus each potential 

respondent would incur on average one 

burden hour in complying with the 

Rule. 

The Commission staff estimates that 

there could be as many as 18 responses 

annually for an aggregate burden for all 

respondents of 18 hours. Each 

respondent’s related internal cost of 

compliance for Rule 12f–3 would be 

$221.00, or, the cost of one hour of 

professional work of a paralegal needed 

to complete the application. The total 

annual internal cost of compliance for 

all potential respondents, therefore, is 

$3,978.00 (18 responses × $221.00/ 

response). 

Compliance with the application 

requirements of Rule 12f–3 is 

mandatory, though the filing of such 

applications is undertaken voluntarily. 

Rule 12f–3 does not have a record 

retention requirement per se. However, 

responses made pursuant to Rule 12f–3 

are subject to the recordkeeping 

requirements of Rules 17a–3 and 17a–4 

of the Act. Information received in 

response to Rule 12f–3 shall not be kept 

confidential; the information collected 

is public information. 

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: June 4, 2021. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–12103 Filed 6–8–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–428, OMB Control No. 

3235–0478] 

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 11a1–1(T) 

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 11a1–1(T) (17 CFR 240.11a1–1(T)), 

under the Securities Exchange Act of 

1934 (15 U.S.C. 78a et seq.) (‘‘Exchange 

Act’’). 

On January 27, 1976, the Commission 

adopted Rule 11a1–1(T) to exempt 

certain exempt transactions of exchange 

members for their own accounts that 

would otherwise be prohibited under 

Section 11(a) of the Exchange Act. The 

Rule provides that a member’s 

proprietary order may be executed on 

the exchange of which the trader is a 

member, if, among other things: (1) The 

member discloses that a bid or offer for 

its account is for its account to any 

member with whom such bid or offer is 

placed or to whom it is communicated; 

(2) any such member through whom 

that bid or offer is communicated 

discloses to others participating in 

effecting the order that it is for the 

account of a member; and (3) 

immediately before executing the order, 

a member (other than a specialist in 

such security) presenting any order for 

the account of a member on the 

exchange clearly announces or 

otherwise indicates to the specialist and 

to other members then present that he 

is presenting an order for the account of 

a member. 

Without these requirements, it would 

not be possible for the Commission to 

monitor its mandate under the Exchange 

Act to promote fair and orderly markets 

and ensure that exchange members 

have, as the principle purpose of their 

exchange memberships, the conduct of 

a public securities business. 

There are approximately 538 

respondents that require an aggregate 

total of approximately 15 hours to 

comply with this Rule. Each of these 

approximately 538 respondents makes 

an estimated 20 annual responses, for an 

aggregate of 10,760 responses per year. 

Each response takes approximately 5 

seconds to complete. Thus, the total 

compliance burden per year is 

approximately 15 hours (10,760 × 5 

seconds/60 seconds per minute/60 

minutes per hour = 15 hours). The 

approximate internal cost of compliance 

per hour is $355, resulting in a total 

internal cost of compliance of 

approximately $5,325 per year (15 hours 

@$355). 

Compliance with Rule 11a–1(T) is 

necessary for exchange members to 

make transactions for their own 

accounts under a specific exemption 

from the general prohibition of such 

transactions under Section 11(a) of the 

Exchange Act. Compliance with Rule 

11a–1(T) does not involve the collection 

of confidential information. Rule 11a– 

1(T) does not have a record retention 

requirement per se. However, responses 

made pursuant to Rule 11a–1(T) may be 

subject to the recordkeeping 

requirements of Rules 17a–3 and 17a–4. 

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: June 4, 2021. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–12102 Filed 6–8–21; 8:45 am] 

BILLING CODE 8011–01–P 


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