30 Day Notice

3235-0178.pdf

Rule 31a-1 under the Investment Company Act of 1940 (17 CFR 270.31a-1)

30 Day Notice

OMB: 3235-0178

Document [pdf]
Download: pdf | pdf
77646

Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices

the way that it prices unrelated market
or marketable interest remains
competitive with other options markets
given that the Exchange’s current
pricing models for the regular and
complex order books and for FAC/SOL/
PIM auctions are all designed to attract
order flow to the Exchange. The
Exchange notes that it operates in a
highly competitive market in which
market participants can readily favor
competing venues if they deem fee
levels at a particular venue to be
excessive, or rebate opportunities
available at other venues to be more
favorable. In such an environment, the
Exchange must continually adjust its
fees to remain competitive with other
exchanges. Because competitors are free
to modify their own fees in response,
and because market participants may
readily adjust their order routing
practices, the Exchange believes that the
degree to which fee changes in this
market may impose any burden on
competition is extremely limited.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to section
19(b)(3)(A)(ii) of the Act 32 and Rule
19b–4(f)(2) 33 thereunder. 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: (i)
necessary or appropriate in the public
interest; (ii) for the protection of
investors; or (iii) otherwise in
furtherance of the purposes of the Act.
If the Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.

khammond on DSKJM1Z7X2PROD with NOTICES

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:
32 15
33 17

U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).

VerDate Sep<11>2014

17:12 Nov 09, 2023

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–
ISE–2023–23 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–ISE–2023–23. 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
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
a.m. and 3 p.m. Copies of the filing also
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–ISE–2023–23 and should be
submitted on or before December 4,
2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.34
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–24866 Filed 11–9–23; 8:45 am]
BILLING CODE 8011–01–P

34 17

Jkt 262001

PO 00000

CFR 200.30–3(a)(12).

Frm 00098

Fmt 4703

Sfmt 4703

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–173, OMB Control No.
3235–0178]

Submission for OMB Review;
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. 3501–3520), 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 31a–1 (17 CFR 270.31a–1) under
the Investment Company Act of 1940
(the ‘‘Act’’) (15 U.S.C. 80a) is entitled
‘‘Records to be maintained by registered
investment companies, certain majorityowned subsidiaries thereof, and other
persons having transactions with
registered investment companies.’’ Rule
31a–1 requires registered investment
companies (‘‘funds’’), and every
underwriter, broker, dealer, or
investment adviser that is a majorityowned subsidiary of a fund, to maintain
and keep current accounts, books, and
other documents which constitute the
record forming the basis for financial
statements required to be filed pursuant
to section 31 of the Act (15 U.S.C. 80a–
30) and of the auditor’s certificates
relating thereto. The rule lists specific
records to be maintained by funds. The
rule also requires certain underwriters,
brokers, dealers, depositors, and
investment advisers to maintain the
records that they are required to
maintain under federal securities laws.
The Commission periodically inspects
the operations of funds to insure their
compliance with the provisions of the
Act and the rules thereunder. The books
and records required to be maintained
by rule 31a–1 constitute a major focus
of the Commission’s inspection
program.
There are approximately 2,766
investment companies registered with
the Commission, all of which are
required to comply with rule 31a–1. For
purposes of determining the burden
imposed by rule 31a–1, the Commission
staff estimates that each fund is divided
into approximately four series, on
average, and that each series is required
to comply with the recordkeeping
requirements of rule 31a–1. Based on

E:\FR\FM\13NON1.SGM

13NON1

khammond on DSKJM1Z7X2PROD with NOTICES

Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices
conversations with fund representatives,
it is estimated that rule 31a–1 imposes
an average burden of approximately
1,750 hours annually per series for a
total of 7,000 annual hours per fund.
The estimated total annual burden for
all 2,766 funds subject to the rule
therefore is approximately 19,362,000
hours. Based on conversations with
fund representatives, however, the
Commission staff estimates that even
absent the requirements of rule 31a–1,
90 percent of the records created
pursuant to the rule are the type that
generally would be created as a matter
of normal business practice and to
prepare financial statements. Thus, the
Commission staff estimates that the total
annual burden associated with rule 31a–
1 is 1,936,200 hours.
The estimate of average burden hours
is made solely for the purposes of the
Paperwork Reduction Act, and is not
derived from a comprehensive or even
a representative survey or study. The
collection of information required by
rule 31a–1 is mandatory. Responses will
not be kept confidential. 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). Rule 31a–2 requires
that certain of these records be
preserved permanently, and that others
be preserved six years from the end of
the fiscal year in which any transaction
occurred. In both cases, the records
should be kept in an easily accessible
place for the first two years. 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.
The public may view background
documentation for this information
collection at the following website:
www.reginfo.gov. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice by December 13, 2023 to (i)
MBX.OMB.OIRA.SEC_desk_officer@
omb.eop.gov and (ii) David Bottom,
Director/Chief Information Officer,
Securities and Exchange Commission, c/
o John Pezzullo, 100 F Street NE,
Washington, DC 20549, or by sending an
email to: [email protected].
Dated: November 7, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–24955 Filed 11–9–23; 8:45 am]
BILLING CODE 8011–01–P

VerDate Sep<11>2014

17:12 Nov 09, 2023

Jkt 262001

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–98860; File No. SR–
CboeBZX–2023–063]

Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of
Designation of a Longer Period for
Commission Action on a Proposed
Rule Change To Adopt an Alternative
to the Minimum $4 Price Requirement
for Companies Seeking To List Tier II
Securities on the Exchange
November 6, 2023.

On September 19, 2023, Cboe BZX
Exchange, Inc. (‘‘BZX’’ or the
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’),1 and Rule 19b–4
thereunder,2 a proposed rule change to
adopt an alternative to the minimum $4
price requirement for companies
seeking to list Tier II securities on the
Exchange. The proposed rule change
was published for comment in the
Federal Register on October 2, 2023.3
Section 19(b)(2) of the Act 4 provides
that within 45 days of the publication of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission shall either
approve the proposed rule change,
disapprove the proposed rule change, or
institute proceedings to determine
whether the proposed rule change
should be disapproved. The 45th day
after publication of the notice for this
proposed rule change is November 16,
2023. The Commission is extending this
45-day time period.
The Commission finds that it is
appropriate to designate a longer period
within which to take action on the
proposed rule change so that it has
sufficient time to consider the proposed
rule change and the comments received.
Accordingly, pursuant to section
19(b)(2) of the Act,5 the Commission
designates December 31, 2023, as the
date by which the Commission shall
either approve or disapprove, or
institute proceedings to determine
1 15

U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 98532
(Sept. 26, 2023) 88 FR 67852. Comments received
on the proposed rule change are available at:
https://www.sec.gov/comments/sr-cboebzx-2023063/srcboebzx2023063.htm.
4 15 U.S.C. 78s(b)(2).
5 Id.
2 17

PO 00000

Frm 00099

Fmt 4703

Sfmt 4703

77647

whether to disapprove, the proposed
rule change (File No. SR–CboeBZX–
2023–063).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–24864 Filed 11–9–23; 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; Extension: Form
N–54C
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 (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
6 17

CFR 200.30–3(a)(31).
U.S.C. 80a–53(a).
2 15 U.S.C. 80a–53(c).
1 15

E:\FR\FM\13NON1.SGM

13NON1


File Typeapplication/pdf
File Modified2023-11-10
File Created2023-11-10

© 2024 OMB.report | Privacy Policy