60 Day Notice

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Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Notices

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
a.m. and 3 p.m. Copies of such filings
will also be available for inspection and
copying at the principal office of ICE
Clear Europe and on ICE Clear Europe’s
website at https://www.theice.com/
clear-europe/regulation.
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–ICEEU–2023–020 and
should be submitted on or before
August 16, 2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–15758 Filed 7–25–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–636, OMB Control No.
3235–0679]

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Proposed Collection; Comment
Request; Extension: Form PF and Rule
and Rule 204(b)–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
(‘‘Commission’’) has submitted to the
Office of Management and Budget a
request for extension of the previously
approved collection of information
discussed below.
Rule 204(b)–1 (17 CFR 275.204(b)–1)
under the Investment Advisers Act of
1940 (15 U.S.C. 80b–1 et seq.)
12 17

CFR 200.30–3(a)(12).

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implements sections 404 and 406 of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act (the ‘‘DoddFrank Act’’) by requiring private fund
advisers that have at least $150 million
in private fund assets under
management to report certain
information regarding the private funds
they advise on Form PF. These advisers
are the respondents to the collection of
information. Form PF is designed to
facilitate the Financial Stability
Oversight Council’s (‘‘FSOC’’)
monitoring of systemic risk in the
private fund industry and to assist
FSOC in determining whether and how
to deploy its regulatory tools with
respect to nonbank financial companies.
The Commission and the Commodity
Futures Trading Commission may also
use information collected on Form PF in
their regulatory programs, including
examinations, investigations and
investor protection efforts relating to
private fund advisers.
Form PF divides respondents into two
broad groups, Large Private Fund
Advisers and smaller private fund
advisers. ‘‘Large Private Fund Advisers’’
are advisers with at least $1.5 billion in
assets under management attributable to
hedge funds (‘‘large hedge fund
advisers’’), advisers that manage
‘‘liquidity funds’’ and have at least $1
billion in combined assets under
management attributable to liquidity
funds and registered money market
funds (‘‘large liquidity fund advisers’’),
and advisers with at least $2 billion in
assets under management attributable to
private equity funds (‘‘large private
equity fund advisers’’). All other
respondents are considered smaller
private fund advisers. The Commission
estimates that most filers of Form PF
have already made their first filing, and
so the burden hours applicable to those
filers will reflect only ongoing burdens,
and not start-up burdens. Accordingly,
the Commission estimates the total
annual reporting and recordkeeping
burden of the collection of information
for each respondent is as follows: (a) For
smaller private fund advisers making
their first Form PF filing, an estimated
amortized average annual burden of 13
hours for each of the first three years; (b)
for smaller private fund advisers that
already make Form PF filings, an
estimated amortized average annual
burden of 15 hours for each of the next
three years; (c) for smaller private funds,
an estimated average annual burden of
5 hours for event reporting for smaller
private equity fund advisers for each of
the next three years; (d) for large hedge
fund advisers making their first Form PF
filing, an estimated amortized average

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annual burden of 108 hours for each of
the first three years; (e) for large hedge
fund advisers that already make Form
PF filings, an estimated amortized
average annual burden of 600 hours for
each of the next three years; (f) for large
hedge fund advisers, an estimated
average annual burden of 10 hours for
current reporting for each of the next
three years; (g) for large liquidity fund
advisers making their first Form PF
filing, an estimated amortized average
annual burden of 67 hours for each of
the first three years; (h) for large
liquidity fund advisers that already
make Form PF filings, an estimated
amortized average annual burden of 280
hours for each of the next three years;
(i) for large private equity fund advisers
making their first Form PF filing, an
estimated amortized average annual
burden of 84 hours for each of the first
three years; (j) for large private equity
fund advisers that already make Form
PF filings, an estimated amortized
average annual burden of 128 hours for
each of the next three years; and (k) for
large private equity fund advisers, an
estimated average annual burden of 5
hours for event reporting for each of the
next three years.
With respect to annual internal costs,
the Commission estimates the collection
of information will result in 122.86
burden hours per year on average for
each respondent. With respect to
external cost burdens, the Commission
estimates a range from $0 to $50,000 per
adviser.
Estimates of average burden hours
and costs are made solely for the
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. The
changes in burden hours are due to the
staff’s estimates of the time costs and
external costs that result from the
adopted amendments, the use of
updated data, and the use of different
methodologies to calculate certain
estimates. Compliance with the
collection of information requirements
of Form PF is mandatory for advisers
that satisfy the criteria described in
Instruction 1 to the Form. Responses to
the collection of information will be
kept confidential to the extent permitted
by law. The Commission does not
intend to make public information
reported on Form PF that is identifiable
to any particular adviser or private fund,
although the Commission may use Form
PF information in an enforcement
action. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information

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Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Notices
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
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 25, 2023.
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, 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_
[email protected].
Dated: July 21, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–15827 Filed 7–25–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–824; OMB Control No.
3235–0500]

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Proposed Collection; Comment
Request; Extension: Rule 608
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
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the existing collection of information
provided for in Rule 608 (17 CFR
242.608) under the Securities Exchange
Act of 1934 (15 U.S.C. 78a et seq.). The
Commission plans to submit this
existing collection of information to the
Office of Management and Budget
(‘‘OMB’’) for extension and approval.
Rule 608 specifies procedures for
filing or amending national market
system plans (‘‘NMS Plans’’). Self-

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regulatory organizations (‘‘SROs’’) filing
a new NMS Plan must submit the text
of the NMS Plan to the Commission,
along with a statement of purpose, and,
if applicable, specified supporting
materials that may include: (1) a copy of
all governing or constituent documents,
(2) a description of the manner in which
the NMS Plan, and any facility or
procedure contemplated by the NMS
Plan, will be implemented, (3) a listing
of all significant phases of development
and implementation contemplated by
the NMS Plan, including a projected
completion date for each phase, (4) an
analysis of the competitive impact of
implementing the NMS Plan, (5) a
description of any written agreements or
understandings between or among plan
participants or sponsors relating to
interpretations of the NMS Plan or
conditions for becoming a plan
participant or sponsor, and (6) a
description of the manner in which any
facility contemplated by the NMS Plan
shall be operated. Participants or
sponsors to the NMS Plan must ensure
that a current and complete version of
the NMS Plan is posted on a designated
website or a plan website after being
notified by the Commission that the
NMS Plan is effective. Each plan
participant or sponsor must also provide
a link on its own website to the current
website to the current version of the
NMS Plan.
The Commission estimates that the
creation and submission of a new NMS
Plan and any related materials would
result in an average aggregate burden of
approximately 850 hours per year (25
SROs × 34 hours = 850 hours). The
Commission further estimates an
average aggregate burden of
approximately 125 hours per year (25
SROs × 5 hours = 125 hours), for each
of the SROs to keep a current and
complete version of the NMS Plan
posted on a designated website or a plan
website, and to provide a link to the
current version of the NMS Plan on its
own website. In addition, the
Commission estimates that the creation
of a new NMS Plan and any related
materials would result in an average
aggregate cost of approximately
$150,000 per year (25 SROs × $6,000 =
$150,000).
SROs proposing to amend an existing
NMS Plan must submit the text of the
amendment to the Commission, along
with a statement of purpose, and, if
applicable, the supporting materials
described above, as well as a statement
that the amendment has been approved
by the plan participants or sponsors in
accordance with the terms of the NMS
Plan. Participants or sponsors to the
NMS Plan must ensure that any

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proposed amendments are posted to a
designated website or a plan website
after filing the amendments with the
Commission and that those websites are
updated to reflect the current status of
the amendment and the NMS Plan. Each
plan participant or sponsor must also
provide a link on its own website to the
current version of the NMS Plan. The
Commission estimates that the creation
and submission of NMS Plan
amendments and any related materials
would result in an average aggregate
burden of approximately 11,050 hours
per year (25 SROs × 442 hours = 11,050
hours). The Commission further
estimates an average aggregate burden of
approximately 124 hours per year (25
SROs × 4.94 hours = 123.5 hours
rounded up to 124) for SROs to post any
pending NMS Plan amendments to a
designated website or a plan website
and to update such websites to reflect
the current status of the amendment and
the NMS Plan. In addition, the
Commission estimates that the creation
of an NMS Plan amendment and any
related materials would result in an
average aggregate cost of approximately
$325,000 per year (25 SROs × $13,000
= $325,000).
Finally, to the extent that a plan
processor is required for any facility
contemplated by a NMS Plan, the plan
participants or sponsors must file with
the Commission a statement identifying
the plan processor selected, describing
the material terms under which the plan
processor is to serve, and indicating the
solicitation efforts, if any, for alternative
plan processors, the alternatives
considered, and the reasons for the
selection of the plan processor. The
Commission estimates that the
preparation and materials related to the
selection of a plan processor would
result in an average aggregate burden of
approximately 283 hours per year (25
SROs × 11.33 hours = 283.33 rounded
down to 233). In addition, the
Commission estimates that the
preparation and submission of materials
related to the selection of a plan
processor would result in an average
aggregate cost of approximately $8,333
per year (25 SROs × $333.33 = $8,333.33
rounded down to $8,333).
The above estimates result in a total
annual industry burden of
approximately 12,432 hours (850 + 125
+ 11,050 + 124 + 283) and a total annual
industry cost of approximately $483,333
($150,000 + $325,000 + $8,333).
Compliance with Rule 608 is
mandatory. The text of the NMS Plans
and any amendments will not be
confidential but published on a
designated website or a plan website. To
the extent that Rule 608 requires the

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