30 Day Notice

3235-0236 30 Day Notice.pdf

Form N-54C under the Investment Company Act, Notification of Withdrawal of Election to be Subject to Sections 55 through 65 of the Investment Company Act of 1940

30 Day Notice

OMB: 3235-0236

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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Notices
Electronic Comments
• Use the Commission’s internet
comment form (http://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
Phlx–2021–03 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.

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All submissions should refer to File
Number SR–Phlx–2021–03. 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 (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 Commission’s 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. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. 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
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–Phlx–2021–03 and should
be submitted on or before February 4,
2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.42
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–00591 Filed 1–13–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–184, OMB Control No.
3235–0236]

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:
Form N–54C

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’’) has submitted to the
Office of Management and Budget a
request for extension of the previously
approved collection of information
discussed below.
Certain investment companies can
elect to be regulated as business
development companies, as defined in
section 2(a)(48) of the Investment
Company Act of 1940 (‘‘Investment
Company Act’’), under sections 55
through 65 of the Investment Company
Act. Under section 54(a) of the
Investment Company Act,1 any
company defined in section 2(a)(48)(A)
and (B) of the Investment Company Act
may, if it meets certain enumerated
eligibility requirements, elect to be
subject to the provisions of Sections 55
through 65 of the Investment Company
Act by filing with the Commission a
notification of election. Under section
54(c) of the Investment Company Act,2
any business development company
may voluntarily withdraw its election
under section 54(a) of the Investment
Company Act by filing a notice of
withdrawal of election with the
Commission. The Commission has
adopted Form N–54C as the form for the
notification of withdrawal of election to
be subject to Sections 55 through 65 of
the Investment Company Act. The
purpose of Form N–54C is to notify the
Commission that the business
development company withdraws its
election to be subject to Sections 55
through 65 of the Investment Company
Act.
The Commission estimates that on
average approximately eight business
development companies file
notifications on Form N–54C each year.
Each of those business development
companies need only make a single
filing of Form N–54C. The Commission
1 15

42 17

CFR 200.30–3(a)(12).

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U.S.C. 80a–53(a).
U.S.C. 80a–53(c).

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further estimates that this information
collection imposes a burden of one
hour, resulting in a total annual burden
of eight hours. Based on the estimated
wage rate, the total cost to the business
development company industry of the
hour burden for complying with Form
N–54C would be approximately $2,944.3
The Commission also estimates that cost
burden for outside professionals
associated with the filing of Form N–
54C increased to $560 because the
Commission believes that filers use
third-party vendors to comply with this
requirement.
The collection of information under
Form N–54C is mandatory. The
information provided by the form is not
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 control number.
The public may view the background
documentation for this information
collection at the following website,
www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to:
[email protected]; and (ii)
David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Cynthia
Roscoe, 100 F Street NE, Washington,
DC 20549 or send an email to: PRA_
[email protected]. Written comments
and recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Dated: January 11, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–00733 Filed 1–13–21; 8:45 am]
BILLING CODE 8011–01–P
3 The industry burden is calculated by
multiplying the total annual hour burden to prepare
Form N–54C (eight) by the estimated hourly wage
rate of $368 for a compliance attorney or other
business development company employee with
similar duties and responsibilities. The estimated
wage figure is based on published rates for
compliance attorneys from the Securities Industry
and Financial Markets Association’s Report on
Management & Professional Earnings in the
Securities Industry 2013, modified by Commission
staff to account for an 1800 hour work-year and
inflation, and multiplied by 5.35 to account for
bonuses, firm size, employee benefits and overhead,
yielding an effective hourly rate of $2,944.

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