60 Day Notice

3235-0179.pdf

Rule 31a-2: Records to be preserved by registered investment companies, certain majority-owned subsidiaries thereof, and other persons having transactions with registered investment companies.

60 Day Notice

OMB: 3235-0179

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Federal Register / Vol. 87, No. 144 / Thursday, July 28, 2022 / Notices

in accordance with the NRC E-filing
rule. See 10 CFR 2.302 et seq.
Rockville, Maryland
Dated: July 25, 2022.
Edward R. Hawkens,
Chief Administrative Judge, Atomic Safety
and Licensing Board Panel.
[FR Doc. 2022–16232 Filed 7–27–22; 8:45 am]
BILLING CODE 7590–01–P

POSTAL SERVICE
Sunshine Act Meetings
Tuesday, August 9, 2022,
at 9:00 a.m.; Tuesday, August 9, 2022,
at 4:00 p.m.
PLACE: Washington, DC at U.S. Postal
Service Headquarters, 475 L’Enfant
Plaza, SW, in the Benjamin Franklin
Room.
STATUS: Tuesday, August 9, 2022, at
9:00 a.m.—Closed. Tuesday, August 9,
2022, at 4:00 p.m.—Open.
MATTERS TO BE CONSIDERED:
TIME AND DATE:

Tuesday, August 9, 2022, at 9:00 a.m.
(Closed)
1. Strategic Issues.
2. Financial and Operational Matters.
3. Executive Session.
4. Administrative Items.

khammond on DSKJM1Z7X2PROD with NOTICES

Tuesday, August 9, 2022, at 4:00 p.m.
(Open)
1. Remarks of the Chairman of the
Board of Governors.
2. Remarks of the Postmaster General
and CEO.
3. Approval of the Minutes.
4. Committee Reports.
5. Quarterly Financial Report.
6. Quarterly Service Performance
Report.
7. Approval of Tentative Agenda for
November 10 Meeting.
A public comment period will begin
immediately following the adjournment
of the open session on August 9, 2022.
During the public comment period,
which shall not exceed 45 minutes,
members of the public may comment on
any item or subject listed on the agenda
for the open session above.
Additionally, the public will be given
the option to join the public comment
session and participate via
teleconference. Registration of speakers
at the public comment period is
required. Should you wish to participate
via teleconference, you will be required
to give your first and last name, a valid
email address to send an invite and a
phone number to reach you should a
technical issue arise. Speakers may
register online at https://
www.surveymonkey.com/r/bog-08-09-

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2022. No more than three minutes shall
be allotted to each speaker. The time
allotted to each speaker will be
determined after registration closes.
Registration for the public comment
period, either in person or via
teleconference, will end on August 7 at
4 p.m. EDT. Participation in the public
comment period is governed by 39 CFR
232.1(n).
CONTACT PERSON FOR MORE INFORMATION:
Michael J. Elston, Secretary of the Board
of Governors, U.S. Postal Service, 475
L’Enfant Plaza SW, Washington, DC
20260–1000. Telephone: (202) 268–
4800.
Michael J. Elston,
Secretary.
[FR Doc. 2022–16242 Filed 7–26–22; 11:15 am]
BILLING CODE 7710–12–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–174, OMB Control No.
3235–0179]

Proposed Collection; Comment
Request; Extension: Rule 31a–2
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission (the
‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget (‘‘OMB’’) for
extension and approval.
Section 31(a)(1) of the Investment
Company Act of 1940 (15 U.S.C. 80a–1
et seq.) (the ‘‘Act’’) requires registered
investment companies (‘‘funds’’) and
certain underwriters, broker-dealers,
investment advisers, and depositors to
maintain and preserve records as
prescribed by Commission rules. Rule
31a–1 (17 CFR 270.31a–1) under the Act
specifies the books and records that
each of these entities must maintain.
Rule 31a–2 (17 CFR 270.31a–2) under
the Act specifies the time periods that
entities must retain certain books and
records, including those required to be
maintained under rule 31a–1.
The retention of records, as required
by the rule, is necessary to ensure access
to material business and financial
information about funds and certain
related entities. We periodically inspect

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the operations of funds to ensure they
are in compliance with the Act and
regulations under the Act. Due to the
limits on our resources, however, each
fund may only be inspected at intervals
of several years. In addition, the
prosecution of persons who have
engaged in certain violations of the
federal securities laws may not be
limited by timing restrictions. For these
reasons, we often need information
relating to events or transactions that
occurred years ago. Without the
requirement to preserve books, records,
and other documents, our staff would
have difficulty determining whether the
fund was in compliance with the law in
such areas as valuation of its portfolio
securities, computation of the prices
investors paid, and, when purchasing
and selling fund shares, types and
amounts of expenses the fund incurred,
kinds of investments the fund
purchased, actions of affiliated persons,
or whether the fund had engaged in any
illegal or fraudulent activities. As part of
our examinations of funds, our staff also
reviews the materials that directors
consider in approving the advisory
contract.
There are 2,754 funds currently
operating as of December 31, 2021, all
of which are required to comply with
rule 31a–2. The Commission staff
estimates that, on average, a fund
spends 220.4 hours annually to comply
with the rule. The Commission therefore
estimates the total annual hour burden
of the rule’s and form’s paperwork
requirements to be 606,981.60 hours. In
addition to the burden hours, the
Commission staff estimates that the
average yearly cost to each fund that is
subject to rule 31a–2 is about
$40,577,95. The Commission estimates
total annual cost is therefore about
$111.8 million.
Estimates of average burden hours
and costs are made solely for purposes
of the Paperwork Reduction Act and are
not derived from a comprehensive or
even representative survey or study of
the costs of Commission rules and
forms. Compliance with the collection
of information requirements of the rule
is mandatory. Responses to the
disclosure requirements will not be kept
confidential. An agency may not
conduct or sponsor, and a person is not
required to respond to a collection of
information unless it displays a
currently valid OMB control number.
Written comments are invited on: (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s

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Federal Register / Vol. 87, No. 144 / Thursday, July 28, 2022 / Notices
estimate of the burden of the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
by September 26, 2022.
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.
Please direct your written comments
to: David Bottom, Acting Director/Chief
Information Officer, Securities and
Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington,
DC 20549 or send an email to: PRA_
Mailbox@sec.gov.
Dated: July 22, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–16150 Filed 7–27–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION

Self-Regulatory Organizations; MIAX
Emerald, LLC; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend Exchange
Rule 515A and Exchange Rule 518
July 22, 2022.

Pursuant to the provisions of 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 July 13, 2022, MIAX Emerald, LLC
(‘‘MIAX Emerald’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) a
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.

khammond on DSKJM1Z7X2PROD with NOTICES

I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Exchange Rule 518 to adopt (i) Complex
Auction-on-Arrival-Only (‘‘cAOAO’’)
orders and (ii) Complex Attributable
Orders. Additionally, the Exchange
2 17

U.S.C. 78s(b)(1).
CFR 240.19b–4.

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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

[Release No. 34–95352; File No. SR–
EMERALD–2022–25]

1 15

proposes to amend Exchange Rule 518
to exclude cPRIME Orders from the
Complex MIAX Emerald Price Collar
Protection. The Exchange proposes to
amend Exchange Rule 515A to adopt
ISO PRIME orders and to make last
priority allocation available for cPRIME
Agency Orders.
The text of the proposed rule change
is available on the Exchange’s website at
http://www.miaxoptions.com/rulefilings/emerald, at MIAX Emerald’s
principal office, and at the
Commission’s Public Reference Room.

1. Purpose
The Exchange proposes to amend: (i)
Exchange Rule 518 to adopt a new
Complex Auction-on-Arrival-Only
(‘‘cAOAO’’) order type and to amend
relevant portions of the rule to describe
the behavior and operation of a cAOAO
order; 3 (ii) Exchange Rule 518 to adopt
a new order type, Complex Attributable
Order; 4 (iii) Interpretation and Policy
.05 of Exchange Rule 518 to exclude
cPRIME Orders from the Complex MIAX
Emerald Price Collar Protection; 5 (iv)
Interpretation and Policy .12 of
Exchange Rule 515A to remove the
provision that precludes last priority in
allocation from being available to
Initiating Members 6 that submit
3 The Exchange notes that the proposed rule text
and functionality is identical to current rule text
and functionality on MIAX Options. See MIAX
Options Exchange Rule 518(b)(9).
4 The Exchange notes that the proposed rule text
and functionality is substantively identical to
current rule text and functionality on MIAX
Options. See MIAX Options Exchange Rule
518(b)(8).
5 The Exchange notes that the proposed rule text
and functionality is identical to current rule text
and functionality on MIAX Options. See MIAX
Options Exchange Rule 532(b)(6)(i).
6 An ‘‘Initiating Member’’ initiates a PRIME
Auction. See Exchange Rule 515A(a)(1). The term
‘‘Member’’ means an individual or organization

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cPRIME Agency Orders; 7 and (v) amend
Exchange Rule 515A to adopt a new ISO
PRIME order type and a new allocation
methodology for Market Maker interest
that is executed during an ISO PRIME
Auction.8
Background
The Exchange launched in December
2018, and at that time, the Exchange
Rulebook contained complex order rules
that were substantially similar to the
rules of its affiliate exchange, MIAX
Options. Since December 2018, MIAX
Options has added functionality to grow
its complex order business. The
Exchange proposes to amend its rules to
adopt functionality that currently exists
on the MIAX Options Exchange. The
Exchange and MIAX Options seek to
align functionality where feasible. The
proposed rule changes described below
are identical, or substantively identical,
to rule changes filed by the Exchange’s
affiliate, MIAX Options.9
i. Complex Auction-on-Arrival-Only
Order Type
The Exchange proposes to amend
Exchange Rule 518, Complex Orders, to
adopt a new cAOAO order type and to
amend relevant portions of the rule to
describe the behavior and operation of
the new cAOAO order type. This
proposed rule change is identical to a
rule change filed by the Exchange’s
affiliate, MIAX Options.10
Currently, the Exchange offers a
Complex Auction-on-Arrival or ‘‘cAOA’’
order that is a complex order designated
to be placed into a Complex Auction 11
upon receipt or upon evaluation.
Complex orders that are not designated
approved to exercise the trading rights associated
with a Trading Permit. Members are deemed
‘‘members’’ under the Exchange Act. See Exchange
Rule 100.
7 The Exchange notes that the proposed rule text
and functionality is identical to current rule text
and functionality on MIAX Options. See
Interpretations and Policies .12(c)(v) of MIAX
Options Exchange Rule 515A.
8 The Exchange notes that the proposed rule text
and functionality is identical to current rule text
and functionality on MIAX Options. See
Interpretations and Policies .08 of MIAX Options
Exchange Rule 515A and MIAX Options Exchange
Rule 515A(a)(2)(iii)(C).
9 See Securities Exchange Act Release Nos. 89212
(July 1, 2020), 85 FR 41075 (July 8, 2020) (SR–
MIAX–2020–20); 89085 (June 17, 2020), 85 FR
37719 (June 23, 2020) (SR–MIAX–2020–16); 89206
(July 1, 2020), 85 FR 41079 (July 8, 2020) (SR–
MIAX–2020–19); and 89991 (September 24, 2020),
85 FR 61782 (September 30, 2020) (SR–MIAX–
2020–31).
10 See Securities Exchange Act Release No. 89212
(July 1, 2020), 85 FR 41075 (July 8, 2020) (SR–
MIAX–2020–20) (amending MIAX Options
Exchange Rule 518, Complex Orders, to adopt a
new Complex Auction-on-Arrival-Only Order type);
see also MIAX Options Exchange Rule 518(b)(9).
11 See Exchange Rule 518(d).

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