Federal Register/Vol. 86, No. 101/Thursday, May 27, 2021/Notices
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28646 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices reimbursable basis. The assessments are 3206–0252 are almost always the Exchange, and at the Commission’s authorized by various statutes and administered electronically. Public Reference Room. regulations: Section 4702 of Title 5, Analysis II. Self-Regulatory Organization’s U.S.C; E.O. 12862; E.O. 13715; Section Statement of the Purpose of, and 1128 of the National Defense Agency: Human Resources Strategy and Evaluation Solutions, Office of Statutory Basis for, the Proposed Rule Authorization Act for Fiscal Year 2004, Change Public Law 108–136; 5 U.S.C. 1101 note, Personnel Management. 1103(a)(5), 1104, 1302, 3301, 3302, Title: Organizational Surveys. In its filing with the Commission, the 4702, 7701 note; E.O. 13197, 66 FR OMB: 3206–0252. self-regulatory organization included 7853, 3 CFR 748 (2002); E.O. 10577, 12 Frequency: On occasion. statements concerning the purpose of, FR 1259, 3 CFR, 1954–1958 Comp., p. Affected Public: Government and basis for, the proposed rule change 218; and Section 4703 of Title 5, United contractors and individuals. and discussed any comments it received States Code. Number of Respondents: on the proposed rule change. The text of those statements may be examined at This collection request includes approximately 78,780. the places specified in Item IV below. surveys we currently use and plan to Estimated Time per Respondent: The Exchange has prepared summaries, use during the next three years to 10.62 minutes. set forth in sections A, B, and C below, measure agency performance, climate, Total Burden Hours: 13,944 hours. of the most significant parts of such engagement, and leadership Office of Personnel Management. statements. effectiveness. OMB No. 3206–0252 Alexys Stanley, covers a broad range of surveys all Director, Office of Privacy and Information A. Self-Regulatory Organization’s focused on improving organizational Management. Statement of the Purpose of, and the performance. Non-Federal respondents [FR Doc. 2021–11177 Filed 5–26–21; 8:45 am] Statutory Basis for, the Proposed Rule will almost never receive more than one BILLING CODE 6325–43–P Change of these surveys. All of these surveys 1. Purpose consist of Likert-type, mark-one, and mark-all-that-apply items, and may Under NYSE Arca Rule 8.201–E, the SECURITIES AND EXCHANGE Exchange may propose to list and/or include a small number of open-ended COMMISSION comment items. Organizational trade pursuant to unlisted trading Assessment Surveys (OAS) typically [Release No. 34–91962; File No. SR– privileges ‘‘Commodity-Based Trust 4 include a customized set of 50–150 NYSEArca–2021–37] Shares.’’ The Exchange proposes to list standard items pulled from an item and trade shares of the Trust (the bank of nearly 500 items and a small set Self-Regulatory Organizations; NYSE ‘‘Shares’’) pursuant to NYSE Arca Rule 5 of 5–10 custom items developed to meet Arca, Inc.; Notice of Filing of Proposed 8.201–E. the agency’s specific needs. OPM’s Rule Change To List and Trade Shares The sponsor of the Trust is First Trust Advisors L.P. (the ‘‘Sponsor’’ or Human Resources Strategy and of the First Trust SkyBridge Bitcoin ‘‘Advisor’’). The sub-adviser for the trust Evaluation Solutions administers a ETF Trust Under NYSE Arca Rule is SkyBridge Capital II, LLC (the ‘‘Sub- supplemental OPM Federal Employee 8.201–E Advisor’’). The trustee for the Trust is Viewpoint Survey (Supplemental OPM May 21, 2021. Delaware Trust Company (the FEVS), a type of organizational Pursuant to Section 19(b)(1) 1 of the ‘‘Trustee’’). The Bank of New York assessment survey, to employee groups Securities Exchange Act of 1934 (the Mellon is the transfer agent of the Trust not covered by the official OPM FEVS ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 (in such capacity, the ‘‘Transfer Agent’’) administration. Exit Surveys consist of notice is hereby given that, on May 6, and the administrator of the Trust (in approximately 100 items that assess 2021, NYSE Arca, Inc. (‘‘NYSE Arca’’ or such capacity, the ‘‘Administrator’’). reasons why employees decided to leave the ‘‘Exchange’’) filed with the The bitcoin custodian for the Trust is their organization. Customization is Securities and Exchange Commission NYDIG Trust Company LLC (the possible. The New Leaders Onboarding (the ‘‘Commission’’) the proposed rule ‘‘Bitcoin Custodian’’). Assessment (NLOA) is a combined change as described in Items I, II, and The Trust is a Delaware statutory assessment consisting of approximately III below, which Items have been trust, organized on March 12, 2021, that 100 items, including items measuring prepared by the self-regulatory operates pursuant to a trust agreement organizational climate, employee organization. The Commission is between the Advisor and the Trustee engagement, and leadership. New publishing this notice to solicit (the ‘‘Trust Agreement’’). The Trust has Employee Surveys consist of comments on the proposed rule change no fixed termination date. approximately 100 items that assess from interested persons. satisfaction with the hiring, orientation, Background and socialization of new employees. I. Self-Regulatory Organization’s As discussed in further detail below,6 Training Needs Assessment Surveys Statement of the Terms of Substance of bitcoin is a digital asset based on the consist of approximately 100 items that the Proposed Rule Change decentralized, open source protocol of assess an agency’s climate for training The Exchange proposes to list and and employees’ training preferences. trade shares of the following under 4 Commodity-Based Trust Shares are securities Program Evaluation surveys evaluate the issued by a trust that represent investors’ discrete NYSE Arca Rule 8.201–E: First Trust identifiable and undivided beneficial ownership effectiveness of government initiatives, SkyBridge Bitcoin ETF Trust (the interest in the commodities deposited into the programs, and offices. Program ‘‘Trust’’). The proposed change is Trust. Evaluation surveys are always available on the Exchange’s website at 5 On March 19, 2021, the Trust filed a registration customized to assess specific program www.nyse.com, at the principal office of statement on Form S–1 under the Securities Act of elements. Program Evaluation surveys 1933 (15 U.S.C. 77a) (the ‘‘Securities Act’’) (File No. 333–254529) and amended such registration may contain from 20 to 200 items, with 1 15 U.S.C. 78s(b)(1). statement on May 6, 2021 (the ‘‘Registration an average of approximately 100 items. 2 15 U.S.C. 78a. Statement’’). The surveys included under OMB No. 3 17 CFR 240.19b–4. 6 See ‘‘The Bitcoin Industry and Market,’’ infra. VerDate Sep<11>2014 17:29 May 26, 2021 Jkt 253001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices 28647 the peer-to-peer computer network significant enforcement actions in the emerged to provide fund custodial launched in 2009 that governs the space. The New York Department of services for digital assets, among other creation, movement, and ownership of Financial Services (‘‘NYDFS’’) adopted services. For example, in December bitcoin and hosts the public ledger, or its final BitLicense regulatory 2020, the Commission adopted a ‘‘blockchain,’’ on which all bitcoin framework in 2015, but had only conditional no-action position transactions are recorded (the ‘‘Bitcoin approved four entities to engage in permitting certain special purpose Network’’ or ‘‘Bitcoin’’). The activities relating to virtual currencies broker-dealers to custody digital asset decentralized nature of the Bitcoin (whether through granting a BitLicense securities under Rule 15c3–3 under the Network allows parties to transact or a limited-purpose trust charter) as of Exchange Act; 16 in September 2020, the directly with one another based on June 30, 2016.11 While the first over-the- Staff of the Commission released a no- cryptographic proof instead of relying counter bitcoin fund launched in 2013, action letter permitting certain broker- on a trusted third party. The protocol public trading was limited and the fund dealers to operate a non-custodial also lays out the rate of issuance of new had only $60 million in assets.12 There Alternative Trading System (‘‘ATS’’) for bitcoin within the Bitcoin Network, a were very few, if any, traditional digital asset securities, subject to rate that is reduced by half financial institutions engaged in the specified conditions; 17 in October 2019, approximately every four years with an space, whether through investment or the Staff of the Commission granted eventual hard cap of 21 million. It is providing services to digital asset temporary relief from the clearing generally understood that the companies. In January 2018, the Staff of agency registration requirement to an combination of these two features—a the Commission noted in a letter to the entity seeking to establish a securities systemic hard cap of 21 million bitcoin Investment Company Institute and clearance and settlement system based and the ability to transact trustlessly SIFMA that it was not aware, at that on distributed ledger technology; 18 and with anyone connected to the Bitcoin time, of a single custodian providing multiple transfer agents who provide Network—gives bitcoin its value.7 fund custodial services for digital services for digital asset securities have The first rule filing proposing to list assets.13 registered with the Commission.19 an exchange-traded product to provide As of the first quarter of 2021, the Beyond the Commission’s purview, exposure to bitcoin in the U.S. was digital assets financial ecosystem, the regulatory landscape has also submitted by the Cboe BZX Exchange, including bitcoin, has progressed changed significantly since 2016, and Inc. on June 30, 2016.8 At that time, significantly.