Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 61655 

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

16 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires a self-regulatory organization to 

give the Commission written notice of its intent to 

file the proposed rule change, along with a brief 

description and text of the proposed rule change, 

at least five business days prior to the date of filing 

of the proposed rule change, or such shorter time 

as designated by the Commission. The Exchange 

has satisfied this requirement. 

17 17 CFR 240.19b–4(f)(6). 

18 17 CFR 240.19b–4(f)(6)(iii). 

19See supra note 10. 

20For purposes only of waiving the 30-day 

operative delay, the Commission has also 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 21 17 CFR 200.30–3(a)(12), (59). 

participants that make requests for it 

will continue to contribute to robust 

competition among national securities 

exchanges. 

The Exchange also does not believe 

the proposal would cause any 

unnecessary or inappropriate burden on 

intermarket competition as other 

exchanges are free to expand their own 

comparable data product and compete 

with the Exchange’s offering. The 

Exchange does not believe the proposed 

rule change would cause any 

unnecessary or inappropriate burden on 

intramarket competition because the 

expanded date range will be available to 

both Members and non-Members 

equally. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change does not: (i) significantly affect 

the protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 15 and Rule 19b– 

4(f)(6) thereunder.16

A proposed rule change filed under 

Rule 19b–4(f)(6) 17 normally does not 

become operative prior to 30 days after 

the date of the filing. However, Rule 

19b–4(f)(6)(iii) 18 permits the 

Commission to designate a shorter time 

if such action is consistent with the 

protection of investors and the public 

interest. The Exchange has requested 

that the Commission to waive the 30- 

day operative delay so that the proposal 

may become operative immediately 

upon filing. The Exchange states that 

the proposal expands the data available 

under an existing product, the intra-day 

Open-Close Report, and that this 

product is designed to compete with 

products that other exchanges offer.19

The Exchange further states that it does 

not propose to amend the fee for ad hoc 

requests for historical intra-day OpenClose Report data. For these reasons, 

and because the proposal raises no 

novel legal or regulatory issues, the 

Commission believes that waiver of the 

30-day operative delay is consistent 

with the protection of investors and the 

public interest. Accordingly, the 

Commission hereby waives the 30-day 

operative delay and designates the 

proposed rule change as operative upon 

filing.20

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 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 

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– 

PEARL–2023–37 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–PEARL–2023–37. 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–PEARL–2023–37 and should be 

submitted on or before September 28, 

2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.21

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–19234 Filed 9–6–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–317, OMB Control No. 

3235–0360] 

Proposed Collection; Comment 

Request; Extension: Form N–17F–2 

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. 350l et seq.), the Securities 

and Exchange Commission (the 

‘‘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. 

Form N–17f–2 (17 CFR 274.220) 

under the Investment Company Act is 

entitled ‘‘Certificate of Accounting of 


ddrumheller on DSK120RN23PROD with NOTICES1
61656 Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 

1This estimate is based on the following 

calculation: 1.25 × $252 (fund senior accountant’s 

hourly rate) = $315. 

2This estimate is based on the following 

calculation: .75 × $94 (administrative assistant 

hourly rate) $70.50. 

3This estimate is based on the following 

calculation: 165 funds × $1,156.50 (total annual cost 

per fund) = $190,822.50. 1 15 U.S.C. 80a–1 et seq. 

2 15 U.S.C. 80a–6(c). 

3 17 CFR 270.0–2. 

Securities and Similar Investments in 

the Custody of Management Investment 

Companies.’’ Form N–17f–2 is the cover 

sheet for the accountant examination 

certificates filed under rule 17f–2 (17 

CFR 270.17f–2) by registered 

management investment companies 

(‘‘funds’’) maintaining custody of 

securities or other investments. Form 

N–17f–2 facilitates the filing of the 

accountant’s examination certificates 

prepared under rule 17f–2. The use of 

the form allows the certificates to be 

filed electronically, and increases the 

accessibility of the examination 

certificates to both the Commission’s 

examination staff and interested 

investors by ensuring that the 

certificates are filed under the proper 

Commission file number and the correct 

name of a fund. 

Commission staff estimates that it 

takes: (i) on average 1.25 hours of fund 

accounting personnel at a total cost of 

$315 to prepare each Form N–17f–2; 1

and (ii) .75 hours of administrative 

assistant time at a total cost of $70.50 to 

file the Form N–17f–2 with the 

Commission.2 Approximately 165 funds 

currently file Form N–17f–2 with the 

Commission. Commission staff 

estimates that on average each fund files 

Form N–17f–2 three times annually for 

a total annual hourly burden per fund 

of approximately 6 hours at a total cost 

of $1,156.50. The total annual hour 

burden for Form N–17f–2 is therefore 

estimated to be approximately 990 

hours at a total cost of approximately 

$190,822.50.3 Form N–17f–2 does not 

impose any paperwork related cost 

burdens other than this internal hour 

cost. 

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 of the 

costs of Commission rules and forms. 

Complying with the collections of 

information required by Form N–17f–2 

is mandatory for those funds that 

maintain custody of their own assets. 

Responses will not be kept confidential. 

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. 

Written comments are invited on: (a) 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

estimate of the 

burden of 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 

by November 6, 2023. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

under the PRA unless it displays a 

currently valid OMB control number. 

Please direct your written comments 

to: David Bottom, Acting 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 31, 2023. 

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–19246 Filed 9–6–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–572, OMB Control No. 

3235–0636] 

Proposed Collection; Comment 

Request; Extension: Rule 0–2 

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 (the 

‘‘Commission’’) is soliciting comments 

on the collections 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. 

Several sections of the Investment 

Company Act of 1940 (‘‘Act’’ or 

‘‘Investment Company Act’’) 1 give the 

Securities and Exchange Commission 

(‘‘Commission’’) the authority to issue 

orders granting exemptions from the 

Act’s provisions. The section that grants 

broadest authority is section 6(c), which 

provides the Commission with authority 

to conditionally or unconditionally 

exempt persons, securities or 

transactions from any provision of the 

Investment Company Act, or the rules or 

regulations thereunder, if and to the 

extent that such exemption is necessary 

or appropriate in the public interest and 

consistent with the protection of 

investors and the purposes fairly 

intended by the policy and provisions of 

the Act.2 Congress enacted section 6(c) 

to give the Commission the flexibility to 

address unforeseen or changed 

circumstances in the investment 

company industry. Rule 0–2 under the 

Investment Company Act,3 entitled 

‘‘General Requirements of Papers and 

Applications,’’ prescribes general 

instructions for filing an application 

seeking exemptive relief with the 

Commission. 

Rule 0–2(c)(1) requires that every 

application for an order for which a 

form is not specifically prescribed and 

which is executed by a corporation, 

partnership or other company and filed 

with the Commission contain a 

statement of the applicable provisions of 

the articles of incorporation, bylaws or 

similar documents, relating to the right 

of the person signing and filing such 

application to take such action on behalf 

of the applicant, and a statement that all 

such requirements have been complied 

with and that the person signing and 

filing the application is fully authorized 

to do so. If such authorization is 

dependent on resolutions of 

stockholders, directors, or other bodies, 

such resolutions must be attached as an 

exhibit to or quoted in the application. 

Any amendment to the application must 

contain a similar statement as to the 

applicability of the original statement of 

authorization. When any application or 

amendment is signed by an agent or 

attorney, rule 0–2(c)(1) requires that the 

power of attorney evidencing his 

authority to sign shall state the basis for 

the agent’s authority and shall be filed 

with the Commission. Every application 

subject to rule 0–2 must be verified by 

the person executing the application by 

executing an instrument in substantially 

the form specified in the rule. Each 

application subject to rule 0–2 must 

state the reasons why the applicant is 

deemed to be entitled to the action 

requested, the name and address of each 

applicant, and the name and address of 

any person to whom any questions 


ddrumheller on DSK120RN23PROD with NOTICES1