61652 Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 

1 15 U.S.C. 80a–53(a). 

2 15 U.S.C. 80a–53(c). 

3The industry burden is calculated by 

multiplying the total annual hour burden to prepare 

Form N–54C (seven) by the estimated hourly wage 

rate of $425 for a compliance attorney or other 

similarly situated business development company 

employee. The estimated wage figure is based on 

published rates for compliance attorneys from the 

Securities Industry and Financial Markets 

Association’s Report on Management & Professional 

Earnings in the Securities Industry 2013, modified 

by Commission staff to account for an 1800 hour 

work-year and inflation, and multiplied by 5.35 to 

account for bonuses, firm size, employee benefits 

and overhead, yielding an effective hourly rate of 

$2,975. 

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

2 17 CFR 240.19b–4. 

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. 2023–19252 Filed 9–6–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–184, OMB Control No. 

3235–0236] 

Proposed Collection; Comment 

Request; Extension: Form N–54C 

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 (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. 

Certain investment companies can 

elect to be regulated as business 

development companies, as defined in 

section 2(a)(48) of the Investment 

Company Act of 1940 (‘‘Investment 

Company Act’’), under sections 55 

through 65 of the Investment Company 

Act. Under section 54(a) of the 

Investment Company Act,1 any 

company defined in section 2(a)(48)(A) 

and (B) of the Investment Company Act 

may, if it meets certain enumerated 

eligibility requirements, elect to be 

subject to the provisions of sections 55 

through 65 of the Investment Company 

Act by filing with the Commission a 

notification of election. Under section 

54(c) of the Investment Company Act,2

any business development company 

may voluntarily withdraw its election 

under section 54(a) of the Investment 

Company Act by filing a notice of 

withdrawal of election with the 

Commission. The Commission has 

adopted Form N–54C as the form for the 

notification of withdrawal of election to 

be subject to sections 55 through 65 of 

the Investment Company Act. The 

purpose of Form N–54C is to notify the 

Commission that the business 

development company withdraws its 

election to be subject to sections 55 

through 65 of the Investment Company 

Act. 

The Commission estimates that on 

average approximately seven business 

development companies file 

notifications on Form N–54C each year. 

Each of those business development 

companies need only make a single 

filing of Form N–54C. The Commission 

further estimates that this information 

collection imposes a burden of one 

hour, resulting in a total annual burden 

of seven hours. Based on the estimated 

wage rate, the total estimated internal 

time costs to the business development 

company industry of the hour burden 

for complying with Form N–54C would 

be approximately $2,975.3 Futher, based 

on an estimated external cost burden of 

$80 per filing, the total estimated annual 

external cost burden to the business 

development company industry for 

complying with Form N–54C would be 

$560. 

The collection of information under 

Form N–54C is mandatory. The 

information provided by the form is not 

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 OMB 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. 2023–19249 Filed 9–6–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98267; File No. SR– 

NASDAQ–2023–016] 

Self-Regulatory Organizations; The 

Nasdaq Stock Market LLC; Notice of 

Designation of a Longer Period for 

Commission Action on a Proposed 

Rule Change To List and Trade Shares 

of the iShares Bitcoin Trust Under 

Nasdaq Rule 5711(d), CommodityBased Trust Shares 

August 31, 2023. 

On June 29, 2023, The Nasdaq Stock 

Market LLC (‘‘Nasdaq’’ 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 61653 

3See Securities Exchange Act Release No. 97905 

(July 13, 2023), 88 FR 46342. Comments on the 

proposed rule change are available at: https://

www.sec.gov/comments/sr-nasdaq-2023-016/ 

srnasdaq2023016.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). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 91964 

(May 21, 2021), 86 FR 28667 (May 27, 2021) (SR– 

PEARL–2021–24) (Notice of Filing and Immediate 

Effectiveness of a Proposed Rule Change To Adopt 

a New Historical Market Data Product To Be Known 

as the Open-Close Report). 

4The term ‘‘Member’’ means an individual or 

organization approved to exercise the trading rights 

associated with a Trading Permit. Members are 

deemed ‘‘members’’ under the Exchange Act. See 

Exchange Rule 100. 

5See Securities Exchange Act Release No. 92137 

(June 9, 2021), 86 FR 31748 (June 15, 2021) (SR– 

PEARL–2021–26) (Notice of Filing and Immediate 

Effectiveness of a Proposed Rule Change To Amend 

Its Fee Schedule To Adopt Fees for the Open-Close 

Report). 

6See the Exchange’s press release ‘‘MIAX PEARL 

Successfully Launches Trading Operations’’ 

available at https://www.prnewswire.com/newsreleases/miax-pearl-successfully-launches-tradingoperations-300402833.html. 

change to list and trade shares of the 

iShares Bitcoin Trust under Nasdaq 

Rule 5711(d), Commodity-Based Trust 

Shares. The proposed rule change 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–NASDAQ–2023–016). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–19241 Filed 9–6–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98260; File No. SR– 

PEARL–2023–37] 

Self-Regulatory Organizations; MIAX 

PEARL, LLC; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Amend the MIAX Pearl 

Options Fee Schedule To Extend the 

Date for Which Ad Hoc Requests for 

Historical Intra-Day Open-Close Report 

Data May Be Requested 

August 31, 2023. 

Pursuant to the provisions of Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 notice is hereby given that 

on August 18, 2023, MIAX PEARL, LLC 

(‘‘MIAX Pearl’’ or ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’) a 

proposed rule change as described in 

Items I and II below, which Items have 

been prepared by the Exchange. 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 is filing a proposal to 

amend the MIAX Pearl Options Fee 

Schedule (‘‘Fee Schedule’’) to extend 

the date for which ad hoc requests for 

historical intra-day Open-Close Report 

data may be requested. 

The text of the proposed rule change 

is available on the Exchange’s website at 

https://www.miaxglobal.com/markets/ 

us-options/pearl-options/rule-filings, at 

MIAX Pearl’s principal office, 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 

Exchange 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 these 

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 aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange adopted a new data 

product for options known as the OpenClose Report,3 which the Exchange 

made available for purchase to 

Exchange Members 4 and non-Members 

on June 1, 2021.5 The Open-Close 

Report is described under Exchange 

Rule 531(b)(1). 

By way of background, the Exchange 

offers two versions of the Open-Close 

Report, an end-of-day summary and 

intra-day report, both of which can be 

requested on an ad-hoc basis. The OpenClose Report data is proprietary 

Exchange trade data and does not 

include trade data from any other 

exchange. It is also a historical data 

product and not a real-time data feed. 

The Exchange notes that Open-Close 

Report data is not necessary for trading 

and subscribing to the Open-Close 

Report is completely optional. 

The Exchange charges Members and 

Non-Members who request on an ad hoc 

basis historical intra-day Open-Close 

Report data $1,000 per request per 

month. The Fee Schedule currently 

specifies that an ad hoc request may be 

for any number of months beginning 

with June 2021, the month in which the 

Exchange first made the Open-Close 

Report available. The Exchange recently 

completed an initiative to now make 

available historical intra-day OpenClose Report data beginning with March 

2017, the first full month in which the 

Exchange began operations.6

The Exchange now proposes to amend 

the Fee Schedule to reflect that ad hoc 

requests for historical intra-day OpenClose Report data may be made for data 

dating back to March 2017. The 

Exchange does not propose to amend 


ddrumheller on DSK120RN23PROD with NOTICES1