30 Day Notice

Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Notices

lotter on DSK11XQN23PROD with NOTICES1

listing rules specified in the filing will
constitute continued listing
requirements for the Shares. The issuer
will advise the Exchange of any failure
by the Fund to comply with the
continued listing requirements, and,
pursuant to its obligations under
Section 19(g)(1) of the Act, the Exchange
will monitor 30 for compliance with the
continued listing requirements. If the
Fund is not in compliance with the
applicable listing requirements, the
Exchange will commence delisting
procedures under NYSE Arca Rule 5.5–
E(m).
(4) The Exchange has the appropriate
rules to facilitate transactions in the
Shares during all trading sessions;
(5) Prior to the commencement of
trading, the Exchange will inform its
ETP Holders in an Information Bulletin
of the special characteristics and risks
associated with trading the Shares; 31
(6) For initial and continued listing,
the Fund will be in compliance with
Rule 10A–3 under the Act; 32 and
(7) A minimum of 100,000 Shares of
the Fund will be outstanding at the
commencement of trading on the
Exchange.
Accordingly, the Commission finds
that the proposed rule change, as
modified by Amendment No. 1, is
consistent with Section 6(b)(5) of the
Act 33 and the rules and regulations
thereunder applicable to a national
securities exchange.
30 Certain proposals for the listing and trading of
exchange-traded products include a representation
that the exchange will ‘‘surveil’’ for compliance
with the continued listing requirements. See, e.g.,
Securities Exchange Act Release No. 77499 (April
1, 2016), 81 FR 20428, 20432 (April 7, 2016) (SR–
BATS–2016–04). In the context of this
representation, it is the Commission’s view that
‘‘monitor’’ and ‘‘surveil’’ both mean ongoing
oversight of compliance with the continued listing
requirements. Therefore, the Commission does not
view ‘‘monitor’’ as a more or less stringent
obligation than ‘‘surveil’’ with respect to the
continued listing requirements.
31 The Exchange states that the Information
Bulletin will discuss the following: (1) The risks
involved in trading the Shares during the Opening
and Late Trading Sessions when an updated IFV
will not be calculated or publicly disseminated; (2)
the procedures for purchases and redemptions of
Shares in Creation Units and Redemption Units
(and that Shares are not individually redeemable);
(3) NYSE Arca Rule 9.2–E(a), which imposes a duty
of due diligence on its ETP Holders to learn the
essential facts relating to every customer prior to
trading the Shares; (4) how information regarding
the IFV is disseminated; (5) how information
regarding portfolio holdings is disseminated; (6) the
requirement that ETP Holders deliver a prospectus
to investors purchasing newly issued Shares prior
to or concurrently with the confirmation of a
transaction; and (7) trading information.
32 17 CFR 240.10A–3.
33 15 U.S.C. 78f(b)(5).

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VI. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,34 that the
proposed rule change (SR–NYSEArca–
2021–29), as modified by Amendment
No. 1, be, and hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.35
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–01562 Filed 1–26–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–149, OMB Control No.
3235–0130]

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 17Ad–2(c), (d), and (h).

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 17Ad–2(c), (d), and (h), (17 CFR
240.17Ad–2(c), (d), and (h)), under the
Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.).
Rule 17Ad–2(c),(d) and (h)
enumerates the requirements with
which transfer agents must comply to
inform the Commission or the
appropriate regulator of a transfer
agent’s failure to meet the minimum
performance standards set by the
Commission rule by filing a notice.
The Commission receives
approximately 3 notices a year pursuant
to Rule 17Ad–2(c), (d), and (h). The
estimated annual time burden of these
filings on respondents is minimal in
view of: (a) The readily available nature
of most of the information required to be
included in the notice (since that
information must be compiled and
retained pursuant to other Commission
rules); and (b) the summary fashion in
which such information must be
presented in the notice (most notices are
one page or less in length). In light of
34 Id.
35 17

PO 00000

CFR 200.30–3(a)(12).

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the above, and based on the experience
of the staff regarding the notices, the
Commission staff estimates that, on
average, most notices require
approximately one-half hour to prepare.
Thus, the Commission staff estimates
that the industry-wide total time burden
is approximately 1.5 hours per year.
The retention period for the
recordkeeping requirement under Rule
17Ad–2(c), (d), and (h) is not less than
two years following the date the notice
is submitted. The recordkeeping
requirement under this rule is
mandatory to assist the Commission in
monitoring transfer agents who fail to
meet the minimum performance
standards set by the Commission rule.
This rule does not involve the collection
of confidential information. A transfer
agent is not required to file under the
rule unless it does not meet the
minimum performance standards for
turnaround, processing or forwarding
items received for transfer during a
month.
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 John Pezzullo, 100 F Street NE,
Washington, DC 20549, or by sending an
email to: PRA_Mailbox@sec.gov.
Comments must be submitted to OMB
within 30 days of this notice.
Dated: January 24, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–01614 Filed 1–26–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–224, OMB Control No.
3235–0217]

Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange

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