Form 15F 60 Day Federal Register Notice

Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices
Many of the Exchange’s surveillance
programs for customer trading activity
may require the Exchange to look at
activity across all markets, such as
reviews related to position limit
violations and manipulation. Indeed,
the Exchange cannot effectively review
for such conduct without looking at and
evaluating activity irregardless of where
it transpires. In addition to its own
surveillance programs, the Exchange
also works with other SROs and
exchanges on intermarket surveillance
related issues. Through its participation
in the Intermarket Surveillance Group
(‘‘ISG’’) 16 the Exchange shares
information and coordinates inquiries
and investigations with other exchanges
designed to address potential
intermarket manipulation and trading
abuses. Accordingly, there is a strong
nexus between the ORF and the
Exchange’s regulatory activities with
respect to its TPHs’ customer trading
activity.
B. Self-Regulatory Organization’s
Statement on Burden on Competition

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The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. This
proposal does not create an unnecessary
or inappropriate intra-market burden on
competition because the ORF applies to
all customer activity, thereby raising
regulatory revenue to offset regulatory
expenses. It also supplements the
regulatory revenue derived from noncustomer activity. The Exchange notes,
however, the proposed change is not
designed to address any competitive
issues. Indeed, this proposal does not
create an unnecessary or inappropriate
inter-market burden on competition
because it is a regulatory fee that
supports regulation in furtherance of the
purposes of the Act. The Exchange is
obligated to ensure that the amount of
regulatory revenue collected from the
ORF, in combination with its other
regulatory fees and fines, does not
exceed regulatory costs.

16 ISG is an industry organization formed in 1983
to coordinate intermarket surveillance among the
SROs by cooperatively sharing regulatory
information pursuant to a written agreement
between the parties. The goal of the ISG’s
information sharing is to coordinate regulatory
efforts to address potential intermarket trading
abuses and manipulations.

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C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to section
19(b)(3)(A) 17 of the Act and
subparagraph (f)(2) of Rule 19b–4 18
thereunder, because it establishes a due,
fee, or other charge imposed by the
Exchange.
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under section 19(b)(2)(B) 19 of the Act to
determine whether the proposed rule
change should be approved or
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:
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–
C2–2023–019 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–C2–2023–019. 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/
17 15

U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
19 15 U.S.C. 78s(b)(2)(B).

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–C2–2023–019 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. 2023–17978 Filed 8–21–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–559, OMB Control No.
3235–0621]

Proposed Collection; Comment
Request; Extension: Form 15F
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.

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CFR 200.30–3(a)(12).

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

Form 15F (17 CFR 249.324) is filed by
a foreign private issuer when
terminating its Exchange Act reporting
obligations pursuant to Exchange Act
Rule 12h–6 (17 CFR 240.12h–6). Form
15F requires a foreign private issuer to
disclose information that helps
investors understand the foreign private
issuer’s decision to terminate its
Exchange Act reporting obligations and
assists the Commission staff in
determining whether the filer is eligible
to terminate its Exchange Act reporting
obligations pursuant to Rule 12h–6.
Rule 12h–6 provides a process for a
foreign private issuer to exit the
Exchange Act registration and reporting
regime when there is relatively little
U.S. investor interest in its securities.
Rule 12h–6 is intended to remove a
disincentive for foreign private issuers
to register their securities with the
Commission by lessening concerns that
the Exchange Act registration and
reporting system would be difficult to
exit once an issuer enters it. We
estimate that Form 15F takes
approximately 30 hours to prepare and
is filed by approximately 30 issuers. We
estimate that 25% of the 30 hours per
response (7.5 hours per response) is
prepared by the filer for a total annual
reporting burden of 225 hours (7.5 hours
per response × 30 responses).
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
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].

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Dated: August 17, 2023.
Sherry R. Haywood,
Assistant Secretary.

of the most significant parts of such
statements.

[FR Doc. 2023–18010 Filed 8–21–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–98148; File No. SR–NYSE–
2023–29]

Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing of Proposed 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, New York Stock Exchange LLC
(‘‘NYSE’’ 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.
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
the Exchange, and at the Commission’s
Public Reference Room.
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,
1 15

U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15

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A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
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
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
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–NYSEAMER–2023–39, SR–NYSEARCA–
2023–53, SR–NYSECHX–2023–16, 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. 76008 (September 29, 2015), 80 FR
60190 (October 5, 2015) (SR–NYSE–2015–40). 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)).
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)).

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