Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Update Rule 11.26(a)

• Citation: 91 FR 33257
• Published date: 03 June 2026
• FR Document: 2026-11033
• Pages: 33257-33259
• Section: Notices
• Issuer: Securities and Exchange Commission

33257

Federal Register / Vol. 91, No. 106 / Wednesday, June 3, 2026 / Notices

1

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

2

17 CFR 240.19b–4.

SECURITIES AND EXCHANGE

COMMISSION

[OMB Control No. 3235–0178]

Agency Information Collection

Activities; Proposed Collection;

Comment Request; Extension: Rule

31a–1

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 (SEC or

‘‘Commission’’) is soliciting comments

on the proposed collection of

information described below.

Rule 31a–1 (17 CFR 270.31a–1) under

the Investment Company Act of 1940

(15 U.S.C. 80a) requires registered

investment companies, business

development companies (BDCs), and

certain of their majority-owned

subsidiaries to maintain and keep

current the accounts, books, auditors’

certificates, and other documents that

underlie and support the financial

statements these entities are required to

file with the Commission under section

30 of the Act. The Commission regularly

conducts inspections and examinations

of funds and other regulated entities to

foster compliance with the securities

laws, to detect violations of the law, and

to keep the Commission informed of

developments in the regulated

community. Without the information

contained in the records required by

rule 31a–1, the Commission could not

readily determine whether funds are in

compliance with the Act’s provisions.

The collection of information is found

at 17 CFR 270.31a–1. Compliance with

the recordkeeping requirements of rule

31a–1 is mandatory for registered

investment companies, BDCs, and

certain majority-owned subsidiaries, as

required by section 31(a) of the

Investment Company Act of 1940 (15

U.S.C. 80a–30(a)).

The books and records required to be

maintained by rule 31a–1 constitute a

major focus of the Commission’s

inspection and examination programs.

The Commission uses these records

during inspections and examinations to

foster compliance with the securities

laws, to detect violations of the law, and

to keep the Commission informed of

developments in the regulated

community. The rule’s requirement to

maintain such records avoids the need

for potentially more burdensome

requirements such as mandatory filings

of similar information with the

Commission.

The Commission staff estimates that

there are approximately 14,301 total

entities (14,125 series of investment

companies and 176 BDCs) required to

comply with rule 31a–1. Each entity

spends approximately 1,750 hours per

year complying with the rule, for a total

estimated annual burden of 25,026,750

hours. However, the Commission

estimates that at least 90% of this

burden would be incurred in any case

as a normal business practice, resulting

in an estimated actual annual burden of

2,502,675 hours attributable to the rule.

The estimated annual cost per entity is

$613,200, broken down as follows: 175

hours by office clerks at $144 per hour

($25,200); 1,312.5 hours by fund

accountants and auditors at $348 per

hour ($456,750); 87.5 hours by lawyers

at $744 per hour ($65,100); and 175

hours by management analysts at $378

per hour ($66,150). The total estimated

annual cost to the industry attributable

to the rule is approximately $877

million. There is no external cost

burden beyond the internal labor costs

described above.

This is a recordkeeping requirement

and no reporting or filing with the

Commission is required; therefore,

confidentiality is not applicable. The

records required by rule 31a–1 are

required to be preserved pursuant to

rule 31a–2 under the Investment

Company Act (17 CFR 270.31a–2),

which specifies the retention periods for

various categories of records.

A copy of the collection of

information and related instructions

may be obtained at no charge at the

Securities and Exchange Commission’s

website at www.sec.gov. The

Commission is soliciting comments to:

(a) evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information shall have

practical utility; (b) evaluate the

accuracy of the agency’s estimate of the

burden of the proposed collection of

information; (c) determine whether

there are ways to enhance the quality,

utility, and clarity of the information to

be collected; and (d) evaluate whether

there are ways to minimize the burden

of the collection of information on those

who are to respond, including through

the use of automated collection

techniques or other forms of information

technology. Persons wishing to submit

comments on the collection of

information requirements should direct

them to PaperworkReduction@sec.gov.

Comments must be submitted within 60

days of this notice.

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 this proposed collection of

information is necessary for the proper

performance of the functions of the SEC,

including whether the information will

have practical utility; (b) the accuracy of

the SEC’s estimate of the burden

imposed by the proposed collection of

information, including the validity of

the methodology and the assumptions

used; (c) ways to enhance the quality,

utility, and clarity of the information to

be collected; and (d) ways to minimize

the burden of the collection of

information on respondents, including

through the use of automated, electronic

collection techniques or other forms of

information technology.

Please direct your written comments

on this 60-Day Collection Notice to

Austin Gerig, Director/Chief Data

Officer, Securities and Exchange

Commission, c/o Tanya Ruttenberg via

email to PaperworkReductionAct@

sec.gov by August 3, 2026. There will be

a second opportunity to comment on

this SEC request following the Federal

Register publishing a 30-Day

Submission Notice.

Dated: June 1, 2026.

Sherry R. Haywood,

Assistant Secretary.

[FR Doc. 2026–11130 Filed 6–2–26; 8:45 am]

BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–105581; File No. SR–

CboeBYX–2026–022]

Self-Regulatory Organizations; Cboe

BYX Exchange, Inc.; Notice of Filing

and Immediate Effectiveness of a

Proposed Rule Change To Update Rule

11.26(a)

May 29, 2026.

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

Securities Exchange Act of 1934 (the

‘‘Act’’),

1

and Rule 19b–4 thereunder,

2

notice is hereby given that on May 15,

2026, Cboe BYX Exchange, Inc. (the

‘‘Exchange’’ or ‘‘BYX’’) filed with the

Securities and Exchange Commission

(the ‘‘Commission’’) the proposed rule

change as described in Items I and II

below, which Items have been prepared

by the Exchange. The Exchange filed the

proposal as a ‘‘non-controversial’’

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33258

Federal Register / Vol. 91, No. 106 / Wednesday, June 3, 2026 / Notices

3

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

4

17 CFR 240.19b–4(f)(6).

5

See Securities Exchange Act Release No. 104146

(September 30, 2025), 90 FR 47880 (October 2,

2025).

6

See Member Readiness and Launch Guide,

dated December, 2025 (https://www.txse.com/

trading-membership/member-readiness-and-

launch-guide) (stating that TXSE anticipates that

trading will commence between July 2, 2026–July

17, 2026).

7

Supra note 4.

8

Supra note 5.

9

See Securities Exchange Act Release No. 104736

(January 29, 2026), 91 FR 4980 (February 3, 2026)

(SR–BX–2026–05) (Notice of Filing and Immediate

Effectiveness of Proposed Rule Change to Repeal

the Restated Certificate of Incorporation and Adopt

a Certificate of Formation and Company

Agreement).

10

15 U.S.C. 78f.

11

15 U.S.C. 78f(b)(5).

proposed rule change pursuant to

Section 19(b)(3)(A)(iii) of the Act

3

and

Rule 19b–4(f)(6) thereunder.

4

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

Cboe BYX Exchange, Inc. (‘‘BYX’’ or

the ‘‘Exchange’’) proposes to update

Rule 11.26(a) regarding the public

disclosure of the sources of data that the

Exchange utilizes when performing: (i)

order handling; (ii) order routing; (iii)

order execution; and (iv) related

compliance processes to reflect the

planned operation of the Texas Stock

Exchange LLC (‘‘TXSE’’) as a registered

national securities exchange

5

beginning

between July 2, 2026, and July 17,

2026.

6

The text of the proposed rule

change is provided in Exhibit 5.

The text of the proposed rule change

is also available on the Commission’s

website (https://www.sec.gov/rules/

sro.shtml), the Exchange’s website

(https://www.cboe.com/us/equities/

regulation/rule_filings/bzx/), and at the

principal office of the Exchange.

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

1. Purpose

The Exchange proposes to update

Rule 11.26(a) regarding the public

disclosure of the sources of data that the

Exchange utilizes when performing: (i)

order handling; (ii) order routing; (iii)

order execution; and (iv) related

compliance processes to reflect the

operation of the TXSE as a registered

national securities exchange.

On September 30, 2025, the

Commission approved TXSE’s

application to register as a national

securities exchange.

7

As part of its

transition to exchange status, TXSE

announced that it plans to commence

trading on its exchange between July 2,

2026 and July 17, 2026.

8

The Exchange,

therefore, proposes to update Rule

11.26(a) regarding the public disclosure

of the sources of data that the Exchange

utilizes when performing: (i) order

handling; (ii) order routing; (iii) order

execution; and (iv) related compliance

processes to reflect the operation of

TXSE as a registered national securities

exchange beginning between July 2,

2026 and July 17, 2026. Specifically, the

Exchange proposes to amend Rule

11.26(a) to include TXSE by stating it

will utilize TXSE market data from the

Consolidated Quotation System

(‘‘CQS’’)/UTP Quotation Data Feed

(‘‘UQDF’’) for purposes of order

handling, routing, execution, and

related compliance processes.

Additionally, on January 29, 2026,

Nasdaq BX filed with the Commission a

proposal to convert from a corporation

organized under the laws of the state of

Delaware to one organized under the

laws of the state of Texas and changed

its name from Nasdaq BX, LLC to

Nasdaq Texas, LLC.

9

The Exchange

accordingly proposes a conforming

change to its rules to replace the name

of Nasdaq BX with Nasdaq Texas.

Specifically, the Exchange proposes to

replace one reference to ‘‘BX’’ in Rule

11.26(a) with ‘‘Texas.’’

2. Statutory Basis

The Exchange believes that the

proposed rule change is consistent with

Section 6(b) of the Act,

10

in general, and

furthers the objectives of Section 6(b)(5)

of the Act,

11

in particular, in that it is

designed to prevent fraudulent and

manipulative acts and practices, to

promote just and equitable principles of

trade, to foster cooperation and

coordination with persons engaged in

regulating, clearing, settling, processing

information with respect to, and

facilitating transactions in securities, to

remove impediments to and perfect the

mechanism of a free and open market

and a national market system, and, in

general, to protect investors and the

public interest.

The Exchange believes that its

proposal to update Exchange Rule

11.26(a) to include TXSE and reference

Nasdaq Texas will ensure that the Rule

publicly states on a market-by-market

basis all of the specific network

processor and proprietary data feeds

that the Exchange utilizes for the

handling, routing, and execution of

orders, and for performing the

regulatory compliance checks related to

each of those functions. The proposed

rule change also removes impediments

to and perfects the mechanism of a free

and open market and protects investors

and the public interest because it

provides additional specificity, clarity

and transparency.

In addition, the proposed

amendments would reduce potential

investor and market participant

confusion and therefore remove

impediments to and perfect the

mechanism of a free and open market

and a national market system by

ensuring that investors and market

participants can more easily navigate,

understand, and comply with the

Exchange’s rules. The Exchange also

believes that the proposed amendments

remove impediments to and perfects the

mechanism of a free and open market by

ensuring that persons subject to the

Exchange’s jurisdiction, regulators, and

the investing public can more easily

navigate and understand the Exchange’s

rules. The proposed amendments would

not be inconsistent with the public

interest and the protection of investors

because investors will not be harmed

and in fact would benefit from the

increased transparency and clarity,

thereby reducing potential confusion.

B. Self-Regulatory Organization’s

Statement on Burden on Competition

The Exchange believes its proposed

rule change would not impose any

burden on competition that is not

necessary or appropriate in furtherance

of the purposes of the Act. To the

contrary, the Exchange believes the

proposal would enhance competition

because including all of the exchanges

enhances transparency and enables

investors to better assess the quality of

the Exchange’s execution and routing

services.

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33259

Federal Register / Vol. 91, No. 106 / Wednesday, June 3, 2026 / Notices

12

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

13

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.

14

17 CFR 240.19b–4(f)(6)

15

17 CFR 240.19b–4(f)(6)(iii)

16

See Securities Exchange Act Release No.

104077 (September 25, 2025), 90 FR 46944

(September 30, 2025) (SR–CboeEDGX–2025–074).

17

For purposes only of waiving the 30-day

operative delay, the Commission has considered the

proposed rule’s impact on efficiency, competition,

and capital formation. See 15 U.S.C. 78c(f).

18

17 CFR 200.30–3(a)(12), (59).

1

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

2

17 CFR 240.19b–4.

C. Self-Regulatory Organization’s

Statement on Comments on the

Proposed Rule Change Received From

Members, Participants, or Others

The Exchange has not solicited, and

does not intend to solicit, comments on

this proposed rule change. The

Exchange has not received any

unsolicited written comments from

Members or other interested parties.

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

12

and Rule 19b–

4(f)(6)

13

thereunder.

A proposed rule change filed under

Rule 19b–4(f)(6)

14

normally does not

become operative prior to 30 days after

the date of the filing. However, pursuant

to Rule 19b–4(f)(6)(iii),

15

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 proposed

rule changes may become operative

upon filing. In the filing, the Exchange

stated it is proposing these changes to

reflect the launch of TXSE as a national

securities exchange and reflect the name

change of Nasdaq BX to Nasdaq Texas

that will allow the Exchange to identify

on a market-by-market basis all the

specific network processor and

proprietary data feeds that the Exchange

utilizes for the handling, routing, and

execution of orders, and for performing

the regulatory compliance checks

related to each of those functions. The

Commission has published a similar

prior proposed rule change by the

Exchange to disclose via its rules the

data feeds it currently utilizes for order

handling, routing, execution, and

related compliance processes.

16

The

proposed rule changes do not raise any

novel issues, and waiver of the

operative delay allows for the

immediate clarification of the

Exchange’s rules to reflect these

changes. Therefore, waiver of the 30-day

operative delay is consistent with the

protection of investors and the public

interest. Accordingly, the Commission

hereby waives the operative delay and

designates the proposal operative upon

filing.

17

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 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 Commission’s internet

comment form (https://www.sec.gov/

rules/sro.shtml); or

•Send an email to rule-comments@

sec.gov. Please include file number SR-

CboeBYX–2026–022 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–CboeBYX–2026–022. 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 (https://www.sec.gov/

rules/sro.shtml). Copies of the filing will

be available for inspection and copying

at the principal office of the Exchange.

Do not include personal identifiable

information in submissions; you should

submit only information that you wish

to make available publicly. We may

redact in part or withhold entirely from

publication submitted material that is

obscene or subject to copyright

protection. All submissions should refer

to file number SR-CboeBYX–2026–022

and should be submitted on or before

June 24, 2026.

For the Commission, by the Division of

Trading and Markets, pursuant to delegated

authority.

18

Sherry R. Haywood,

Assistant Secretary.

[FR Doc. 2026–11033 Filed 6–2–26; 8:45 am]

BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–105577; File No. SR–

NYSETEX–2026–18]

Self-Regulatory Organizations; NYSE

Texas, Inc.; Notice of Filing and

Immediate Effectiveness of Proposed

Rule Change To Amend the Seventh

Amended and Restated Certificate of

Incorporation of Intercontinental

Exchange, Inc.

May 29, 2026.

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

Securities Exchange Act of 1934 (the

‘‘Act’’),

1

and Rule 19b–4 throughout,

2

notice is hereby given that on May 20,

2026, NYSE Texas, Inc. (‘‘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 amend the

Seventh Amended and Restated

Certificate of Incorporation of

Intercontinental Exchange, Inc. (‘‘ICE’’)

to reflect regulations relating to security-

based swap execution facilities

(‘‘SBSEFs’’) and make non-substantive

and conforming changes. The proposed

rule change is available on the

Exchange’s website at www.nyse.com

and at the principal office of the

Exchange.

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