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
Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 61657 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 97904 

(July 13, 2023), 88 FR 46207. Comments on the 

proposed rule change, as modified by Amendment 

No. 1, are available at: https://www.sec.gov/ 

comments/sr-cboebzx-2023-042/ 

srcboebzx2023042.htm. 

4 15 U.S.C. 78s(b)(2). 

5 15 U.S.C. 78s(b)(2). 

6 17 CFR 200.30–3(a)(31). 

regarding the application should be 

directed. Electronic filing of all 

applications for orders under the 

Investment Company Act is mandatory. 

Each application subject to rule 0–2 is 

a one-time request and the rule itself 

does not impose any ongoing 

obligations or burdens on the part of an 

applicant. 

Based on historical filing data and 

estimates of the annual number of 

filings, the staff estimates that the 

Commission will receive roughly 112 

applications for an exemptive order per 

year, and that each such applications 

will take an average of 20.25 hours of inhouse attorney time as well as total 

external costs of $92,000. 

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. 2023–19247 Filed 9–6–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Notice is hereby given, 

pursuant to the provisions of the 

Government in the Sunshine Act, Public 

Law 94–409, that the Securities and 

Exchange Commission Small Business 

Capital Formation Advisory Committee 

will hold a public meeting on Tuesday, 

September 19, 2023, at the 

Commission’s headquarters and via 

videoconference. 

PLACE: The meeting will be hybrid, with 

some Committee members attending by 

remote means (videoconference) and 

others in-person at the Commission’s 

headquarters, 100 F Street NE, 

Washington, DC 20549, in MultiPurpose Room LL–006. Members of the 

public may watch the webcast of the 

meeting on the Commission’s website at 

www.sec.gov. 

STATUS: The meeting will begin at 10:00 

a.m. (ET) and will be open to the public 

via webcast on the Commission’s 

website at www.sec.gov. This Sunshine 

Act notice is being issued because a 

majority of the Commission may attend 

the meeting. 

MATTERS TO BE CONSIDERED: The agenda 

for the meeting includes matters relating 

to rules and regulations affecting small 

and emerging businesses and their 

investors under the federal securities 

laws. 

CONTACT PERSON FOR MORE INFORMATION: 

For further information and to ascertain 

what, if any, matters have been added, 

deleted or postponed; please contact 

Vanessa A. Countryman from the Office 

of the Secretary at (202) 551–5400. 

Authority: 5 U.S.C. 552b. 

Dated: September 5, 2023. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2023–19420 Filed 9–5–23; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98264; File No. SR– 

CboeBZX–2023–042] 

Self-Regulatory Organizations; Cboe 

BZX Exchange, Inc.; Notice of 

Designation of a Longer Period for 

Commission Action on a Proposed 

Rule Change, as Modified by 

Amendment No. 1, To List and Trade 

Shares of the WisdomTree Bitcoin 

Trust Under BZX Rule 14.11(e)(4), 

Commodity-Based Trust Shares 

August 31, 2023. 

On June 30, 2023, Cboe BZX 

Exchange, Inc. (‘‘BZX’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

to section 19(b)(1) of the Securities 

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 thereunder,2 a proposed rule 

change to list and trade shares of the 

WisdomTree Bitcoin Trust under BZX 

Rule 14.11(e)(4), Commodity-Based 

Trust Shares. On July 11, 2023, the 

Exchange filed Amendment No. 1, 

which amended and replaced the 

proposed rule change in its entirety. The 

proposed rule change, as modified by 

Amendment No. 1, was published for 

comment in the Federal Register on July 

19, 2023.3

Section 19(b)(2) of the Act 4 provides 

that within 45 days of the publication of 

notice of the filing of a proposed rule 

change, or within such longer period up 

to 90 days as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or as to which the 

self-regulatory organization consents, 

the Commission shall either approve the 

proposed rule change, disapprove the 

proposed rule change, or institute 

proceedings to determine whether the 

proposed rule change should be 

disapproved. The 45th day after 

publication of the notice for this 

proposed rule change is September 2, 

2023. The Commission is extending this 

45-day time period. 

The Commission finds it appropriate 

to designate a longer period within 

which to take action on the proposed 

rule change so that it has sufficient time 

to consider the proposed rule change 

and the issues raised therein. 

Accordingly, the Commission, pursuant 

to section 19(b)(2) of the Act,5

designates October 17, 2023, as the date 

by which the Commission shall either 

approve or disapprove, or institute 

proceedings to determine whether to 

disapprove, the proposed rule change 

(File No. SR–CboeBZX–2023–042), as 

modified by Amendment No. 1. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–19238 Filed 9–6–23; 8:45 am] 

BILLING CODE 8011–01–P 


ddrumheller on DSK120RN23PROD with NOTICES1