30632 Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices 

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

2 17 CFR 240.19b–4. 3 17 CFR 240.19b–4(f)(6). 

for each document referenced (if it is 

available in ADAMS) is provided the 

first time that it is mentioned in this 

document. In addition, for the 

convenience of the reader, instructions 

about obtaining materials referenced in 

this document are provided in the 

‘‘Availability of Documents’’ section. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at pdr.resource@nrc.gov or call 

1–800–397–4209 or 301–415–4737, 

between 8:00 a.m. and 4:00 p.m. (EST), 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Tyrone D. Naquin, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–7352; email: Tyrone.Naquin@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The DTRA is a combat support agency 

and a defense agency with a mission to 

counter the threats posed by weapons of 

mass destruction, including chemical, 

biological, radiological, nuclear, and 

high-yield explosives; counter the 

threats posed by the growing and 

evolving categories of improvised 

threats, including improvised explosive 

devices, car bombs and weaponized 

consumer drones, as well as the tactics, 

technologies and networks that put 

them on the battlefield; and to ensure 

that the U.S. military maintains a safe, 

secure, effective and credible nuclear 

weapons deterrent. 

II. Discussion 

Pursuant to Section 2.106 of title 10 

of the Code of Federal Regulations (10 

CFR), the NRC is providing notice of the 

issuance of new license SNM–7005 to 

DTRA, which authorizes DTRA to 

possess and use SNM for education, 

research, and training programs at its 

location in Ft. Belvoir, Virginia. The 

original application for a license was 

submitted on August 21, 2020 (ADAMS 

Accession No. ML20254A189). DTRA 

subsequently supplemented and revised 

its application in response to a request 

for additional information (ADAMS 

Accession No. ML21057A037) on 

February 26, 2021. Because the licensed 

material will be used for research and 

development purposes, issuance of 

License SNM–7005 is an action that is 

categorically excluded from a 

requirement to prepare an 

environmental assessment or 

environmental impact statement, 

pursuant to 10 CFR 51.22(c)(14)(v). 

The NRC previously published notice 

of DTRA’s request for a materials license 

with a notice of opportunity to request 

a hearing in the Federal Register on 

October 28, 2020 (85 FR 68374). The 

NRC did not receive a request for a 

hearing or for a petition for leave to 

intervene. This license complies with 

the standards and requirements of the 

Atomic Energy Act of 1954, as amended, 

and the NRC’s rules and regulations as 

set forth in 10 CFR Chapter 1. 

Accordingly, this license was issued on 

May 20, 2021, and was effective 

immediately. 

The NRC prepared a safety evaluation 

report for the issuance of License SNM– 

7005 and concluded that the licensee 

can operate the facility without 

endangering the health and safety of the 

public. 

III. Availability of Documents 

In accordance with 10 CFR 2.390 of 

the NRC’s ‘‘Rules of Practice,’’ the 

details with respect to this action, 

including the safety evaluation report 

and accompanying documentation and 

license, are available electronically at 

the NRC’s Electronic Reading Room at 

https://www.nrc.gov/reading-rm/ 

adams.html. From this site, you can 

access ADAMS, which provides text 

and image files of the NRC’s public 

documents. For further details related to 

this action, visit https://

www.regulations.gov under Docket ID 

NRC–2020–0232. 

The documents identified in the 

following table are available to 

interested persons through ADAMS 

accession numbers as indicated. 

Document description ADAMS Accession No. 

DTRA’s application for materials license, August 21, 2020 ........................................................................................... ML20254A189 

Response to Request for Additional Information and Revisions to application, February 26, 2021 ............................. ML21057A037 

Issuance of SNM–7005, May 20, 2021 .......................................................................................................................... ML21064A164 (Package) 

NRC Safety Evaluation Report, May 20, 2021 .............................................................................................................. ML21064A166 

Special Nuclear Materials License for the DTRA, May 20, 2021 .................................................................................. ML21064A167 

Dated: June 3, 2021. 

For the Nuclear Regulatory Commission. 

Yoira K. Diaz-Sanabria, 

Acting Director, Division of Fuel 

Management, Office of Nuclear Material 

Safety and Safeguards. 

[FR Doc. 2021–12070 Filed 6–8–21; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–92098; File No. SR–FINRA– 

2021–013] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Amend the 

Supplemental Inventory Schedule 

Pursuant to FINRA Rule 4524 

(Supplemental FOCUS Information) 

June 3, 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 26, 

2021, the Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) 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 FINRA. FINRA has 

designated the proposed rule change as 

constituting a ‘‘non-controversial’’ rule 

change under paragraph (f)(6) of Rule 

19b–4 under the Act,3 which renders 

the proposal effective upon receipt of 

this filing by the Commission. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices 30633 

4 17 CFR 240.17a–5 (hereinafter cited as SEA 

‘‘Rule 17a–5’’). SEA Rule 17a–5 governs financial 

and operational reporting by brokers and dealers. 

Members are required to file with FINRA, through 

the eFOCUS System, reports concerning their 

financial and operational status using SEC Form X– 

17A–5 (the ‘‘FOCUS Report’’). See, e.g., Information 

Notice, November 23, 2020 (2021 and First Quarter 

of 2022 Report Filing Due Dates); Regulatory Notice 

18–38 (November 2018) (Amendments to the SEC’s 

Financial Reporting Requirements—eFOCUS 

System Updates and Annual Audit Requirements). 

‘‘FOCUS’’ stands for Financial and Operational 

Combined Uniform Single. 

5Currently, members that calculate net capital 

using Appendix E to SEA Rule 15c3–1 file FOCUS 

Report Part II CSE, rather than FOCUS Report Part 

II. Such members are referred to as ‘‘alternative net 

capital’’ or ‘‘ANC’’ broker-dealers. 6SEA Rule 17a–5. 

7 15 U.S.C. 78o–5. 8 Department of the Treasury Form G–405. 

9See Securities Exchange Act Release No. 73192 

(September 23, 2014), 79 FR 58390 (September 29, 

2014) (Order Approving Proposed Rule Change; File 

No. SR–FINRA–2014–025); see also Regulatory 

Notice 14–43 (October 2014) (SEC Approves 

Supplemental Inventory Schedule). 10See note 9 supra. 11Public Law 111–203, 124 Stat. 1376 (2010). 12See Securities Exchange Act Release No. 87005 

(September 19, 2019), 84 FR 68550 (December 16, 

2019) (Final Rule: Recordkeeping and Reporting 

Requirements for Security-Based Swap Dealers, 

Major Security-Based Swap Participants, and 

Broker-Dealers) (‘‘Reporting Requirements 

Release’’). 

13See Reporting Requirements Release, 84 FR at 

68573. Pursuant to the SEC’s rule change, ANC 

broker-dealers that currently file FOCUS Report 

Part II CSE will file new FOCUS Report Part II. 

14Schedule 1 requires the information for cleared 

and non-cleared SBS, mixed swaps and swaps in 

separate categories on Lines, 15, 16 and 17 of 

Schedule 1, while the SIS requires that SBS and 

swaps be reported in aggregate under ‘‘centrally 

cleared’’ and ‘‘all other’’ under Line 11 of the SIS. 

Further, Schedule 1 requires that other derivatives 

or options be reported in aggregate on Line 18 of 

Schedule 1, while the SIS specifies separate 

categories for ‘‘centrally cleared’’ and ‘‘all other’’ 

options, ‘‘forward settling and delayed delivery 

transactions,’’ ‘‘futures’’ and ‘‘other’’ products 

under Line 11 of the SIS. Also, under Line 13 of 

the SIS (‘‘securities with no ready market’’), the 

category for ‘‘other (include limited partnership 

interests)’’ is reflected as ‘‘other’’ under Line 13 of 

Schedule 1. 

15The Commission has broadly coordinated the 

compliance date for certain SBS rulemakings by 

setting October 6, 2021, as the compliance date (the 

‘‘compliance date’’ or ‘‘SBS compliance date’’) for 

the registration requirements that the Commission 

Continued 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

FINRA is proposing to amend the 

Supplemental Inventory Schedule 

(‘‘SIS’’) pursuant to FINRA Rule 4524 

(Supplemental FOCUS Information) so 

that members that are filers of FOCUS 

Report Part II will not be required to file 

the SIS. The proposed rule change does 

not make any other change to the SIS or 

the instructions thereto. 

The text of the proposed rule change 

is available on FINRA’s website at 

http://www.finra.org, at the principal 

office of FINRA 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, 

FINRA 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. FINRA 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 

FINRA Rule 4524 provides in part 

that, as a supplement to filing FOCUS 

Reports required pursuant to SEA Rule 

17a–5 4 and FINRA Rule 2010, each 

member, as FINRA shall designate, shall 

file such additional financial or 

operational schedules or reports as 

FINRA may deem necessary or 

appropriate for the protection of 

investors or in the public interest. In 

general, members with a FOCUS filing 

requirement must either file a FOCUS 

Report Part II if they clear transactions 

or carry customer accounts 5 or file a 

FOCUS Report Part IIA if they do not.6

Members that are government securities 

broker-dealers registered under SEA 

Section 15C 7 do not file a FOCUS 

Report and instead are required to file 

reports concerning their financial and 

operational status using the Report on 

Finances and Operations of Government 

Securities Brokers and Dealers (‘‘FOGS 

Report’’).8 FINRA established the SIS 

requirement pursuant to Rule 4524 in 

2014.9 Pursuant to this requirement, the 

SIS must be filed by a member that is 

required to file FOCUS Report Part II, 

FOCUS Report Part IIA or the FOGS 

Report Part I, with inventory positions 

as of the end of the FOCUS or FOGS 

reporting period, unless the member has 

(1) a minimum dollar net capital or 

liquid capital requirement of less than 

$100,000; or (2) inventory positions 

consisting only of money market mutual 

funds. A member with inventory 

positions consisting only of money 

market mutual funds must affirmatively 

indicate through the eFOCUS system 

that no SIS filing is required for the 

reporting period. As FINRA noted in 

establishing the SIS, the purpose of the 

SIS requirement is to provide more 

detailed information of inventory 

positions held by members.10

The Commission, as part of its 

rulemakings pursuant to Title VII of the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act (‘‘Dodd-Frank 

Act’’) 11 to establish a regulatory 

framework for security-based swaps 

(‘‘SBS’’), has adopted among other 

things amendments to the FOCUS 

reporting requirements, including 

amendments to FOCUS Report Part II 12

designed to elicit additional information 

about the SBS activities of brokerdealers that file FOCUS Report Part II, 

including broker-dealers that will also 

be registered as SBS dealers and major 

SBS participants.13

FINRA believes that Schedule 1— 

Aggregate Securities, Commodities, and 

Swaps Positions (‘‘Schedule 1’’) to 

FOCUS Report Part II, as amended, 

includes substantially all the 

information that is required by the SIS, 

including, among other things, 

information on the following types of 

positions: 

• U.S. Treasury securities; 

• U.S. government agency and U.S. 

government-sponsored enterprise 

securities; 

• securities issued by states and 

political subdivisions in the U.S.; 

• foreign securities; 

• money market instruments; 

• private label mortgage backed 

securities; 

• other asset-backed securities; 

• corporate obligations; 

• stocks and warrants (other than 

arbitrage positions); 

• arbitrage positions; 

• spot commodities; 

• other securities and commodities; 

and 

• securities with no ready market. 

Further, line 11 of the SIS requires 

specified information on ‘‘derivatives 

including options,’’ based on whether 

the positions are centrally cleared or 

not. On Schedule 1 this information will 

be reported based on whether the 

position is a cleared or non-cleared SBS, 

mixed swap or swap, or will be reported 

under the category ‘‘other derivatives 

and options.’’ 14 Schedule 1 will also 

require information on counterparty 

netting and cash collateral netting. 

Given that substantially all the 

information required by the SIS is 

covered by Schedule 1 of FOCUS Report 

Part II, as amended, FINRA believes that 

it would be an unnecessary duplication 

of reporting to require members that file 

FOCUS Report Part II to continue to 

submit the SIS after the compliance 

date 15 for certain of the SEC’s SBS 


lotter on DSK11XQN23PROD with NOTICES1
30634 Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices 

adopted for SBS dealers and major SBS 

participants. See Reporting Requirements Release, 

84 FR at 68600; see also Key Dates for Registration 

of Security-Based Swap Dealers and Major SecurityBased Swap Participants, available on the 

Commission website at: <https://www.sec.gov/page/ 

key-dates-registration-security-based-swap-dealersand-major-security-based-swap-participants≤. 

16FINRA notes that members that have elected to 

be treated as capital acquisition brokers (‘‘CABs’’) 

would be subject to the proposed rule change to the 

extent that FINRA Rule 4524, pursuant to CAB Rule 

452(b), applies to CABs. To the extent any CABs are 

FOCUS Report Part II filers, then, pursuant to the 

rule change, such firms would no longer need to file 

the SIS. 

The proposed rule change would not impact 

funding portal members because such members are 

not subject to Rule 4524 and are not subject to the 

FOCUS reporting requirements. 

17The SIS, as proposed to be revised pursuant to 

the rule change, is included as Exhibit 3 to this rule 

filing. 

18 15 U.S.C. 78o–3(b)(6). 

19 15 U.S.C. 78s(b)(3)(A). 

20 17 CFR 240.19b–4(f)(6). 

rulemakings, including the new FOCUS 

reporting requirements pursuant to the 

Reporting Requirements Release. As 

such, in the interest of avoiding 

unnecessary duplication, FINRA 

believes it is appropriate to remove 

FOCUS Report Part II filers from the 

scope of members required to file the 

SIS.16 Accordingly, the proposed rule 

change would revise the first paragraph 

under the General Instructions to the 

SIS so as to provide, in relevant part, 

that: ‘‘The Supplemental Inventory 

Schedule (SIS) is to be filed within 20 

business days after the end of each 

firm’s FOCUS reporting period by all 

FOCUS Part IIA and FOGS Part I filers 

. . .’’ 17 FINRA believes it is appropriate 

to implement this revision in alignment 

with the reporting cycle that coincides 

with the SEC’s SBS compliance date. 

FINRA is not proposing any other 

change to the SIS. 

FINRA has filed the proposed rule 

change for immediate effectiveness. 

FINRA is proposing that the 

implementation date of the proposed 

rule change will be October 31, 2021, for 

SIS filings that report on the month 

ending October 31, 2021, and are due by 

November 30, 2021. Thus, SISs filed on 

or after October 31, 2021, would reflect 

the proposed rule change. 

2. Statutory Basis 

FINRA believes that the proposed rule 

change is consistent with the provisions 

of Section 15A(b)(6) of the Act,18 which 

requires, among other things, that 

FINRA rules must be designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, and, in 

general, to protect investors and the 

public interest. Consistent with the 

provisions of the Act, FINRA believes 

that eliminating the SIS filing 

requirement for members that file 

FOCUS Report Part II, as amended by 

the Reporting Requirements Release, 

will avoid unnecessary duplication of 

reporting for such members while 

ensuring that regulators continue to 

receive the needed information reflected 

on these forms, given that Schedule 1 of 

FOCUS Report Part II, as amended, 

includes substantially all the 

information required by the SIS. The 

proposed rule change will thereby 

reduce unnecessary burdens while also 

helping to protect investors and serve 

the public interest. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

FINRA does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. Schedule 1 

of FOCUS Report Part II, as amended, 

requires substantially all the 

information required by the SIS. 

Eliminating the SIS filing requirement 

for members that file FOCUS Report 

Part II, as amended, would avoid 

unnecessary duplication of reporting, 

thereby reducing burdens for such 

members, while ensuring that regulators 

continue to receive the needed 

information reflected on these forms. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change does not: (i) Significantly affect 

the protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

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

4(f)(6) thereunder.20

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. 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– 

FINRA–2021–013 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–FINRA–2021–013. 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 

a.m. and 3 p.m. Copies of such filing 

also will be available for inspection and 

copying at the principal office of 

FINRA. 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–FINRA– 

2021–013 and should be submitted on 

or before June 30, 2021. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices 30635 

21 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Securities Exchange Act Release No. 89185 

(June 29, 2020), 85 FR 40328 (July 6, 2020) (SR– 

NYSEArca–2019–95). Rule 8.601–E(c)(1) provides 

that ‘‘[t]he term ‘‘Active Proxy Portfolio Share’’ 

means a security that (a) is issued by a investment 

company registered under the Investment Company 

Act of 1940 (‘‘Investment Company’’) organized as 

an open-end management investment company that 

invests in a portfolio of securities selected by the 

Investment Company’s investment adviser 

consistent with the Investment Company’s 

investment objectives and policies; (b) is issued in 

a specified minimum number of shares, or 

multiples thereof, in return for a deposit by the 

purchaser of the Proxy Portfolio and/or cash with 

a value equal to the next determined net asset value 

(‘‘NAV’’); (c) when aggregated in the same specified 

minimum number of Active Proxy Portfolio Shares, 

or multiples thereof, may be redeemed at a holder’s 

request in return for the Proxy Portfolio and/or cash 

to the holder by the issuer with a value equal to 

the next determined NAV; and (d) the portfolio 

holdings for which are disclosed within at least 60 

days following the end of every fiscal quarter.’’ Rule 

8.601–E(c)(2) provides that ‘‘[t]he term ‘‘Actual 

Portfolio’’ means the identities and quantities of the 

securities and other assets held by the Investment 

Company that shall form the basis for the 

Investment Company’s calculation of NAV at the 

end of the business day.’’ Rule 8.601–E(c)(3) 

provides that ‘‘[t]he term ‘‘Proxy Portfolio’’ means 

a specified portfolio of securities, other financial 

instruments and/or cash designed to track closely 

the daily performance of the Actual Portfolio of a 

series of Active Proxy Portfolio Shares as provided 

in the exemptive relief pursuant to the Investment 

Company Act of 1940 applicable to such series.’’ 

5The Commission has previously approved 

listing and trading on the Exchange of a number of 

issues of Managed Fund Shares under NYSE Arca 

Rule 8.600–E. See, e.g., Securities Exchange Act 

Release Nos. 57801 (May 8, 2008), 73 FR 27878 

(May 14, 2008) (SR–NYSEArca–2008–31) (order 

approving Exchange listing and trading of twelve 

actively-managed funds of the WisdomTree Trust); 

60460 (August 7, 2009), 74 FR 41468 (August 17, 

2009) (SR–NYSEArca–2009–55) (order approving 

listing of Dent Tactical ETF); 63076 (October 12, 

2010), 75 FR 63874 (October 18, 2010) (SR– 

NYSEArca–2010–79) (order approving Exchange 

listing and trading of Cambria Global Tactical ETF); 

63802 (January 31, 2011), 76 FR 6503 (February 4, 

2011) (SR–NYSEArca–2010–118) (order approving 

Exchange listing and trading of the SiM Dynamic 

Allocation Diversified Income ETF and SiM 

Dynamic Allocation Growth Income ETF). The 

Commission also has approved a proposed rule 

change relating to generic listing standards for 

Managed Fund Shares. Securities Exchange Act 

Release No. 78397 (July 22, 2016), 81 FR 49320 

(July 27, 2016) (SR–NYSEArca–2015–110) 

(amending NYSE Arca Equities Rule 8.600 to adopt 

generic listing standards for Managed Fund Shares). 

6NYSE Arca Rule 8.600–E(c)(2) defines the term 

‘‘Disclosed Portfolio’’ as the identities and 

quantities of the securities and other assets held by 

the Investment Company that will form the basis for 

the Investment Company’s calculation of net asset 

value at the end of the business day. NYSE Arca 

Rule 8.600–E(d)(2)(B)(i) requires that the Disclosed 

Portfolio will be disseminated at least once daily 

and will be made available to all market 

participants at the same time. 

7A mutual fund is required to file with the 

Commission its complete portfolio schedules for the 

second and fourth fiscal quarters on Form 

N–CSR under the 1940 Act. Information reported on 

Form 

N–PORT for the third month of a fund’s fiscal 

quarter will be made publicly available 60 days 

after the end of a fund’s fiscal quarter. Form 

N–PORT requires reporting of a fund’s complete 

portfolio holdings on a position-by-position basis 

on a quarterly basis within 60 days after fiscal 

quarter end. Investors can obtain a series of Active 

Proxy Portfolio Shares’ Statement of Additional 

Information (‘‘SAI’’), its Shareholder Reports, its 

Form N–CSR, filed twice a year, and its Form 

N–CEN, filed annually. A series of Active Proxy 

Portfolio Shares’ SAI and Shareholder Reports will 

Continued 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.21

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–12031 Filed 6–8–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–92104; File No. SR– 

NYSEArca–2021–46] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To List and Trade Shares 

of the Nuveen Santa Barbara Dividend 

Growth ETF, Nuveen Small Cap Select 

ETF, and Nuveen Winslow Large-Cap 

Growth ESG ETF Under NYSE Arca 

Rule 8.601–E (Active Proxy Portfolio 

Shares) 

June 3, 2021. 

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

Securities Exchange Act of 1934 

(‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on May 26, 

2021, NYSE Arca, Inc. (‘‘NYSE Arca’’ or 

the ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘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 to [sic] list 

and trade shares of the following under 

NYSE Arca Rule 8.601–E: Nuveen Santa 

Barbara Dividend Growth ETF, Nuveen 

Small Cap Select ETF, and Nuveen 

Winslow Large-Cap Growth ESG ETF. 

The proposed rule change is available 

on the Exchange’s website at 

www.nyse.com, 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 

self-regulatory organization 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 those 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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange has adopted NYSE 

Arca Rule 8.601–E for the purpose of 

permitting the listing and trading, or 

trading pursuant to unlisted trading 

privileges (‘‘UTP’’), of Active Proxy 

Portfolio Shares, which are securities 

issued by an actively managed open-end 

investment management company.4

Commentary .01 to Rule 8.601–E 

requires the Exchange to file separate 

proposals under Section 19(b) of the Act 

before listing and trading any series of 

Active Proxy Portfolio Shares on the 

Exchange. Therefore, the Exchange is 

submitting this proposal in order to list 

and trade shares (‘‘Shares’’) of Active 

Proxy Portfolio Shares of the Nuveen 

Santa Barbara Dividend Growth ETF, 

Nuveen Small Cap Select ETF, and 

Nuveen Winslow Large-Cap Growth 

ESG ETF (each a ‘‘Fund’’ and, 

collectively, the ‘‘Funds’’) under Rule 

8.601–E. 

Key Features of Active Proxy Portfolio 

Shares 

While funds issuing Active Proxy 

Portfolio Shares will be activelymanaged and, to that extent, will be 

similar to Managed Fund Shares, Active 

Proxy Portfolio Shares differ from 

Managed Fund Shares in the following 

important respects. First, in contrast to 

Managed Fund Shares, which are 

actively-managed funds listed and 

traded under NYSE Arca Rule 8.600–E 5

and for which a ‘‘Disclosed Portfolio’’ is 

required to be disseminated at least 

once daily,6 the portfolio for an issue of 

Active Proxy Portfolio Shares will be 

publicly disclosed within at least 60 

days following the end of every fiscal 

quarter in accordance with normal 

disclosure requirements otherwise 

applicable to open-end management 

investment companies registered under 

the Investment Company Act of 1940 

(the ‘‘1940 Act’’).7 The composition of 


lotter on DSK11XQN23PROD with NOTICES1