Je veux savoir à propos de…

Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices noted that it is necessary and appropriate in the public interest, for the protection of investors and the maintenance of fair and orderly markets, to remove impediments to, and perfect the mechanism of a national market system, or is otherwise in furtherance of the purposes of the Act. 34 To the extent that this proposal implements, interprets or clarifies the Plan and applies specific requirements to member organizations, the Exchange believes that this proposal furthers the objectives of the Plan, as identified by the SEC, and is therefore consistent with the Act.
B. Self-Regulatory Organizations Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed change is not designed to address any competitive issue but rather implement provisions of the CAT NMS
Plan, and is designed to assist the Exchange in meeting its regulatory obligations pursuant to the Plan.
C. Self-Regulatory Organizations Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has filed the proposed rule change pursuant to Section 19b3Aiii of the Act 35 and Rule 19b4f6 thereunder.36 Because the 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 prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19b3A
of the Act 37 and Rule 19b4f6iii thereunder.38 The Exchange states that Order at 84697.
U.S.C. 78sb3Aiii.
36 17 CFR 240.19b4f6.
37 15 U.S.C. 78sb3A.
38 17 CFR 240.19b4f6. In addition, Rule 19b 4f6iii requires the Exchange to give the Commission written notice of the Exchanges intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing
the proposed rule change would not significantly affect the protection of investors or the public interest because it seeks to delete the Exchanges OATS
rules to be consistent with FINRAs announcement to retire its OATS rules effective September 1, 2021. The Exchange further believes that the proposed rule change would not impose any significant burden on competition because the proposed rule change is not designed to address any competitive issue but rather implement provisions of the CAT NMS Plan, and is designed to assist the Exchange in meeting its regulatory obligations pursuant to the Plan.
A proposed rule change filed under Rule 19b4f6 39 normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b4f6iii,40 the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative by September 1, 2021, the date that FINRA has announced that it will retire OATS and delete the OATS
rules from its rulebook, unless FINRA
decides not to retire OATS as scheduled. If FINRA decides not to retire OATS as scheduled, member organizations will still be required to report to OATS. As discussed above, the Exchange believes that the OATS
reporting requirements in the Rule 7400
Series are duplicative of information available in the CAT and will no longer be necessary now that the CAT is operational. In addition, August 31, 2021, will be the last OATS Business Day, as defined under FINRA Rule 7450b3, for which OATS will accept order events and perform routine processing, and reports submitted to OATS for order events that occur after August 31, 2021, will be rejected. The Commission believes that it is consistent with the protection of investors and the public interest for the Exchange to delete its OATS reporting rules at the same time that FINRA
retires OATS. Accordingly, the Commission hereby waives the 30-day operative delay and designates the proposal operative on September 1, 2021.41

34 Approval
jbell on DSKJLSW7X2PROD with NOTICES

35 15

VerDate Sep<11>2014

17:21 Sep 07, 2021

Jkt 253001

of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.
39 17 CFR 240.19b4f6.
40 17 CFR 240.19b4f6iii.
41 For purposed only of waiving the 30-day operative delay, the Commission has considered the proposed rules impact on efficiency, competition, and capital formation. See 15 U.S.C. 78cf.

PO 00000

Frm 00077

Fmt 4703

Sfmt 4703

50399

At any time within 60 days of the filing of this 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 will institute proceedings to determine whether the proposed rule change 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 Commissions internet comment form http www.sec.gov/
rules/sro.shtml; or Send an email to rule-comments@
sec.gov. Please include File Number SR
NYSE202148 on the subject line.
Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 205491090.
All submissions should refer to File Number SRNYSE202148. 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 Commissions 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 Commissions 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. 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
E:FRFM08SEN1.SGM

08SEN1