Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices 84025 

13 15 U.S.C. 78s(b)(3)(A). 

14 17 CFR 240.19b–4(f). 15 17 CFR 200.30–3(a)(12). 

additional months or a monthly 

subscription, and will therefore 

encourage and promote users to 

purchase the historical Open-Close 

Data. Further, the proposed discount is 

intended to promote increased use of 

the Exchange’s historical Open-Close 

Data by defraying some of the costs a 

purchaser would ordinarily have to 

expend before using the data product. 

The Exchange believes that the 

proposed discount is equitable and not 

unfairly discriminatory because it will 

apply equally to all Members and nonMembers who purchase historical OpenClose Data. Lastly, the purchase of this 

data product is discretionary and not 

compulsory. Indeed, no market 

participant is required to purchase the 

historical Open-Close Data, and the 

Exchange is not required to make the 

historical Open-Close Data available to 

all investors. Potential purchasers may 

request the data at any time if they 

believe it to be valuable or may decline 

to purchase such data. 

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 that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. The 

Exchange operates in a highly 

competitive environment in which the 

Exchange must continually adjust its 

fees to remain competitive. Because 

competitors are free to modify their own 

fees in response, the Exchange believes 

that the degree to which fee changes in 

this market may impose any burden on 

competition is extremely limited. As 

discussed above, Open-Close Data is 

subject to direct competition from 

several other options exchanges that 

offer substitutes to Open-Close Data. 

Moreover, purchase of Open-Close Data 

is optional. It is designed to help 

investors understand underlying market 

trends to improve the quality of 

investment decisions, but is not 

necessary to execute a trade. 

The proposed rule changes are 

grounded in the Exchange’s efforts to 

compete more effectively. In this 

competitive environment, potential 

purchasers are free to choose which, if 

any, similar product to purchase to 

satisfy their need for market 

information. As a result, the Exchange 

believes this proposed rule change 

permits fair competition among national 

securities exchanges. Further, the 

Exchange believes that these changes 

will not cause any unnecessary or 

inappropriate burden on intermarket 

competition, as the proposed incentive 

program applies uniformly to any 

purchaser of historical Open-Close Data. 

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 has become 

effective pursuant to section 19(b)(3)(A) 

of the Act 13 and paragraph (f) of Rule 

19b–4 14 thereunder. 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 will 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– 

CboeEDGX–2023–070 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–CBoeEDGX–2023–070. 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–CboeEDGX–2023–070 and should be 

submitted on or before December 22, 

2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–26494 Filed 11–30–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–213, OMB Control No. 

3235–0220] 

Proposed Collection; Comment 

Request; Extension: Rule 30b2–1 

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 the existing collection 

of information to the Office of 

Management and Budget (‘‘OMB’’) for 

extension and approval. 

Rule 30b2–1 (17 CFR 270.30b2–1) 

under the Investment Company Act of 

1940 (15 U.S.C. 80a–1 et seq.) (the 


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84026 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices 

1See letter from the Participants to Vanessa 

Countryman, Secretary, Commission, dated June 2, 

2023 (the ‘‘Exemption Request’’). Unless otherwise 

noted, capitalized terms are used as defined in the 

CAT NMS Plan. 

2 15 U.S.C. 78mm(a)(1). 

3 17 CFR 242.608(e). 

4 17 CFR 240.17a–1. 

5The CAT NMS Plan was approved by the 

Commission, as modified, on Nov. 15, 2016. See 

Securities Exchange Act Release No. 79318 (Nov. 

15, 2016), 81 FR 84696 (Nov. 23, 2016) (‘‘CAT NMS 

Plan Approval Order’’). 

6 15 U.S.C. 78mm(a)(1). 

7 17 CFR 242.608(e). 

8See Exemptive Request, at 2. 

‘‘Investment Company Act’’) requires a 

registered management investment 

company (‘‘fund’’) to (1) file a report 

with the Commission on Form N–CSR 

(17 CFR 249.331 and 274.128) not later 

than 10 days after the transmission of 

any report required to be transmitted to 

shareholders under rule 30e–1 under 

the Investment Company Act, and (2) 

file with the Commission a copy of 

every periodic or interim report or 

similar communication containing 

financial statements that is transmitted 

by or on behalf of such fund to any class 

of such fund’s security holders and that 

is not required to be filed with the 

Commission under (1) above, not later 

than 10 days after the transmission to 

security holders. The purpose of the 

collection of information required by 

rule 30b2–1 is to meet the disclosure 

requirements of the Investment 

Company Act and certification 

requirements of the Sarbanes-Oxley Act 

of 2002 (Pub. L. 107–204, 116 Stat. 745 

(2002)), and to provide investors with 

information necessary to evaluate an 

interest in the fund. 

The Commission estimates that there 

are 2,728 funds, with a total of 13,449 

portfolios, that are governed by the rule. 

For purposes of this analysis, the 

burden associated with the 

requirements of rule 30b2–1 has been 

included in the collection of 

information requirements of rule 30e–1 

(17 CFR 270.30e–1) and Form N–CSR, 

rather than the rule. The rule 30b2–1 

information collection, however, 

imposes a one hour burden for 

administrative purposes and we are 

maintaining that one hour burden. 

The collection of information under 

rule 30b2–1 is mandatory. The 

information provided under rule 30b2– 

1 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 January 30, 2024. 

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: November 27, 2023. 

Christina Z. Milnor, 

Assistant Secretary. 

[FR Doc. 2023–26403 Filed 11–30–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99023; File No. 4–698] 

Order Granting an Exemption Pursuant 

to Section 36(a)(1) of the Securities 

Exchange Act of 1934 and Rule 608(e) 

of Regulation NMS Under the 

Exchange Act, Relating to the 

Recordkeeping Requirements for 

Industry Test Data, as Required by 

Rule 17a–1 Under the Exchange Act 

and Certain Provisions of the National 

Market System Plan Governing the 

Consolidated Audit Trail 

November 27, 2023. 

I. Introduction 

By letter dated June 2, 2023, BOX 

Exchange LLC, Cboe BYX Exchange, 

Inc., Cboe BZX Exchange, Inc., Cboe 

EDGA Exchange, Inc., Cboe EDGX 

Exchange, Inc., Cboe C2 Exchange, Inc., 

Cboe Exchange, Inc., Financial Industry 

Regulatory Authority, Inc., Investors 

Exchange LLC, Long-Term Stock 

Exchange, Inc., MEMX LLC, Miami 

International Securities Exchange LLC, 

MIAX Emerald, LLC, MIAX PEARL, 

LLC, NASDAQ BX, LLC, Nasdaq GEMX, 

LLC, Nasdaq ISE, LLC, Nasdaq MRX, 

LLC, NASDAQ PHLX LLC, The 

NASDAQ Stock Market LLC, New York 

Stock Exchange LLC, NYSE American 

LLC, NYSE Arca, Inc., NYSE Chicago, 

Inc., and NYSE National, Inc., 

(collectively, the ‘‘Participants’’) 

requested that the Securities and 

Exchange Commission (‘‘Commission’’) 

grant exemptive relief to the 

Participants,1 pursuant to its authority 

under section 36(a)(1) of the Securities 

Exchange Act of 1934 (‘‘Exchange 

Act’’) 2 and Rule 608(e) of Regulation 

NMS 3 under the Exchange Act, from 

certain recordkeeping requirements for 

retaining data from industry testing, in 

Rule 17a–1 4 of the Exchange Act and 

certain provisions of the National 

Market System Plan Governing the 

Consolidated Audit Trail (‘‘CAT NMS 

Plan’’).5

Section 36(a)(1) of the Exchange Act 

grants the Commission the authority, 

with certain limitations, to 

‘‘conditionally or unconditionally 

exempt any person, security, or 

transaction . . . from any provision or 

provisions of [the Exchange Act] or of 

any rule or regulation thereunder, to the 

extent that such exemption is necessary 

or appropriate in the public interest, 

and is consistent with the protection of 

investors.’’ 6 Under Rule 608(e) of 

Regulation NMS, the Commission may 

‘‘exempt from [Rule 608], either 

unconditionally or on specified terms 

and conditions, any self-regulatory 

organization, member thereof, or 

specified security, if the Commission 

determines that such exemption is 

consistent with the public interest, the 

protection of investors, the maintenance 

of fair and orderly markets and the 

removal of impediments to, and 

perfection of the mechanism of, a 

national market system.’’ 7

For the reasons set forth below, the 

Commission believes that it is 

consistent with the purposes of the 

Exchange Act to grant exemptive relief 

relating to the Participants’ recordkeeping and data retention requirements 

in Rule 17a–1 of the Exchange Act, 

Section 9.1 of the CAT NMS Plan, 

Section 1.4 of Appendix D of the CAT 

NMS Plan and certain provisions in 

Appendix C of the CAT NMS Plan (to 

the extent any may apply). 

II. Background and Request for Relief 

In the Exemption Request, the 

Participants state that CAT Reporters, 

including both Participants and 

Industry Members, engage in testing 

related to the reporting of order and 

transaction data to the CAT, both 

pursuant to required testing and testing 

on a voluntary basis.8 The Participants 

explain that in connection with this 

testing, CAT LLC, through the Plan 


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