Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices 57149 

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. 

17 15 U.S.C. 78s(b)(3)(A). 

18 17 CFR 240.19b–4(f)(2). 

19 15 U.S.C. 78s(b)(2)(B). 20 17 CFR 200.30–3(a)(12). 

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 

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. 

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/ 

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. 


lotter on DSK11XQN23PROD with NOTICES1
57150 Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices 

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–NYSEAMER–2023–39, SR–NYSEARCA– 

2023–53, SR–NYSECHX–2023–16, 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. 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. 

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)). 

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_

Mailbox@sec.gov. 

Dated: August 17, 2023. 

Sherry R. Haywood, 

Assistant Secretary. 

[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, 

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 


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