Schedule 13D and Schedule 13G 60 Day Federal Register Notice

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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices

that submit deposit-guaranteed orders
during the Ordering Window to be
assured of receiving at least some
additional power. The Exchange does
not expect the proposed rule change to
impact intra-market or intermarket
competition between exchanges, Users,
or any other market participants.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register 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 will:
(A) by order approve or disapprove
the proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be 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:

lotter on DSK11XQN23PROD with NOTICES1

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–
NYSEAMER–2023–39 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–NYSEAMER–2023–39. 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

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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–NYSEAMER–2023–39 and should
be submitted on or before September 12,
2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.20
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–17981 Filed 8–21–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–137, OMB Control No.
3235–0145]

Proposed Collection; Comment
Request; Extension: Regulation 13D
and Regulation 13G; Schedule 13D and
Schedule 13G
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’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the office of
Management and Budget for extension
and approval.
20 17

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CFR 200.30–3(a)(12).

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Schedules 13D and 13G (17 CFR
240.13d–101 and 240.13d–102) are filed
pursuant to Sections 13(d) and 13(g) of
the Securities Exchange Act of 1934 (15
U.S.C. 78m(d) and 78m(g)) (‘‘Exchange
Act’’) and Regulations 13D and 13G (17
CFR 240.13d–1—240.13d–7) thereunder
to report beneficial ownership of equity
securities registered under Section 12
(15 U.S.C. 78l) of the Exchange Act.
Regulations 13D and 13G provide
investors, the subject issuers, and
market participants with information
about the accumulation of equity
securities that may have the potential to
change or influence control of an issuer.
Schedules 13D and 13G are filed by
persons, including small entities, to
report their ownership of more than 5%
of a class of equity securities registered
under Section 12. We estimate that it
takes approximately 14.5 burden hours
to prepare a Schedule 13D and it is filed
by approximately 1,508 filers. In
addition, we estimate that 25% of the
14.5 hours per response (3.625 hours
per response) is carried internally by the
filer for a total annual reporting burden
of 5,467 hours (3.625 hours per response
× 1,508 responses).
We estimate that it takes
approximately 12.4 hours per response
to prepare a Schedule 13G and it is filed
by approximately 7,079 filers. In
addition, we estimate 25% of the 12.4
hours per response (3.1 hours per
response) is carried internally by the
filer for a total annual reporting burden
of 21,945 hours (3.1 hours per response
× 7,079 responses).
The Schedules combined are filed by
8,587 filers and they take approximately
12.769 hours per response. In addition,
we estimate 25% of the 12.769 (3.19225
hours per response) is carried internally
by the filer for a total annual reporting
burden of 27,412 hours (3.1923 hours
per response × 8,587 responses). The
estimated burden hours are made solely
for purposes of the Paperwork
Reduction Act and are not derived from
a comprehensive or even a
representative survey or study of the
costs of Commission rules and forms.
Written comments are invited on: (a)
whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden imposed by 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

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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication by October 23, 2023.
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.
Please direct your written comment 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: August 17, 2023.
Sherry R. Haywood,
Assistant Secretary.
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–98151; File No. SR–
NYSECHX–2023–16]

Self-Regulatory Organizations; NYSE
Chicago, Inc.; Notice of Filing of
Proposed Rule Change To Amend the
Connectivity Fee Schedule Regarding
Power Allocation
August 16, 2023.

Pursuant to section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on August
3, 2023, the NYSE Chicago, Inc. (‘‘NYSE
Chicago’’ or the ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the selfregulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.

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I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Connectivity Fee Schedule to provide
an alternative procedure by which the
Exchange can allocate power in the
Mahwah Data Center via depositguaranteed orders from Users made
within a 90-day ‘‘Ordering Window.’’
The proposed rule change is available
on the Exchange’s website at
www.nyse.com, at the principal office of
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15

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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
self-regulatory organization 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 those 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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change

[FR Doc. 2023–18012 Filed 8–21–23; 8:45 am]

1 15

the Exchange, and at the Commission’s
Public Reference Room.

1. Purpose
The Exchange proposes to amend the
Connectivity Fee Schedule to provide
an alternative procedure by which the
Exchange can allocate power in the
Mahwah Data Center (‘‘MDC’’) 4 via
deposit-guaranteed orders from Users
made within a 90-day ‘‘Ordering
Window.’’
Background
Shortly after the onset of the Covid–
19 pandemic, the Exchange began
experiencing unprecedented User 5
demand for cabinets and power at the
MDC. In order to manage its inventory,
in late 2020, the Exchange filed to create
purchasing limits and a waitlist for
cabinet orders.6 In early 2021, the
4 Through its Fixed Income and Data Services
(‘‘FIDS’’) business, Intercontinental Exchange, Inc.
(‘‘ICE’’) operates the MDC. The Exchange and its
affiliates NYSE American LLC, NYSE Arca, Inc.,
NYSE Chicago, Inc., and NYSE National, Inc. (the
‘‘Affiliate SROs’’) are indirect subsidiaries of ICE.
Each of the Exchange’s Affiliate SROs has
submitted substantially the same proposed rule
change to propose the changes described herein.
See SR–NYSE–2023–29, SR–NYSEAMER–2023–39,
SR–NYSEARCA–2023–53, and SR–NYSENAT–
2023–16.
5 For purposes of the Exchange’s colocation
services, a ‘‘User’’ means any market participant
that requests to receive colocation services directly
from the Exchange. See Securities Exchange Act
Release No. 87408 (October 28, 2019), 84 FR 58778
(November 1, 2019) (SR–NYSECHX–2019–12). As
specified in the Connectivity Fee Schedule, a User
that incurs colocation fees for a particular
colocation service pursuant thereto would not be
subject to colocation fees for the same colocation
service charged by the Affiliate SROs.
6 See Securities Exchange Act Release No. 90732
(December 18, 2020), 85 FR 84443 (December 28,
2020) (SR–NYSE–2020–73, SR–NYSEAMER–2020–
66, SR–NYSEArca–2020–82, SR–NYSECHX–2020–
26, SR–NYSENAT–2020–28,) (establishing the
procedures in current Colocation Note 6(a) and
7(a)).

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Exchange filed to create additional
purchasing limits and a waitlist for
orders for additional power in the
MDC.7 Pursuant to the terms of those
filings, a Combined Waitlist is currently
in place.
In 2021 and 2022, the Exchange
expanded the amount of space and
power available in the MDC by opening
a new colocation hall (i.e., Hall 4), yet
User demand for additional power
continues to climb. Currently, the
waitlist includes 27 Users collectively
requesting in excess of an additional
700 kilowatts (‘‘kW’’) of power. That
number, however, may be a mere
fraction of Users’ true demand for
additional power at the MDC, since, due
to the existing waitlist procedures, the
Exchange may not accept orders for
more than 32 kW of power, and a User
and its Affiliates 8 may have only one
order on the waitlist at a time. Of the 27
Users on the current waitlist, many have
mentioned that they are actually
interested in purchasing much more
than 32 kW of power, with several
claiming that they are seeking
additional power of several hundred
kilowatts.9
ICE is currently expanding the
amount of colocation space and power
available at the MDC. ICE is already
developing a new colocation hall (i.e.,
Hall 5) to deliver power that would
satisfy all orders currently on the
waitlist with some extra power
remaining.
ICE proposes this rule change to
address two issues posed by the current
situation. First, while the development
of Hall 5 is underway, ICE must also
evaluate whether customer demand
would support additional expansion
projects to provide further power. ICE
must anticipate future demand now
because each colocation expansion
project is a significant capital project
requiring long lead times, especially
given current supply-chain constraints
7 See Securities Exchange Act Release No. 91515
(April 8, 2021), 86 FR 19674 (April 14, 2021) (SR–
NYSE–2021–12, SR–NYSEAMER–2021–08, SR–
NYSEArca–2021–11, SR–NYSECHX–2021–02, SR–
NYSENAT–2021–03) (establishing the procedures
in current Colocation Note 6(b) and 7(b)).
8 An ‘‘Affiliate’’ of a User is defined as ‘‘any other
User or Hosted Customer that is under 50% or
greater common ownership or control of the first
User.’’ Connectivity Fee Schedule, at 1.
9 Such demand for increased power is not unique
to the MDC. Customers have told the Exchange that
available power is in short supply at several other
data centers as well, including the Equinex-owned
data center in Secaucus, New Jersey, the Equinexowned data center in Carteret, New Jersey, and the
Digital Realty-owned data center at Cermak, Illinois.
Since none of those data centers is operated by an
exchange or regulated by the Commission, the
operators of those data centers are free to ask
customers to indicate their interest in future buildouts by submitting orders guaranteed by deposits.

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