57158 Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices 

20 17 CFR 200.30–3(a)(12). 

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: 

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 

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. 

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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices 57159 

1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4Through 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. 

5For 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. 

6See 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)). 

7See 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)). 

8An ‘‘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. 

9Such 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. 

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_

Mailbox@sec.gov. 

Dated: August 17, 2023. 

Sherry R. Haywood, 

Assistant Secretary. 

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

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. 

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, 

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 

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 

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 


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