Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Notices 4353 

10 15 U.S.C. 78s(b)(3)(A)(iii). 

11 17 CFR 240.19b–4(f)(6). 

12 In addition, Rule 19b–4(f)(6) requires a selfregulatory organization to give the Commission 

written notice of its intent to file 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. 

13 17 CFR 240.19b–4(f)(6). 

14 17 CFR 240.19b–4(f)(6)(iii). 

15For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 16 17 CFR 200.30–3(a)(12), (59). 

No. 2 regarding the Cash Account used 

in connection with creation and 

redemption of Shares. The proposed 

change would add clarity to the 

description of the operation of the Cash 

Account, to the benefit of all market 

participants. Except for this change, all 

other representations made in 

Amendment No. 2 remain unchanged 

and will continue to constitute 

continuing listing requirements for the 

Fund. Accordingly, the Exchange 

believes that this proposed rule change 

raises no novel regulatory issues. 

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 purpose of the Act. As noted 

above, the proposed rule change is 

intended only to clarify a representation 

regarding the Cash Account and would 

facilitate the continued listing and 

trading of Shares of the Fund on the 

Exchange, thereby promoting 

competition among various exchangetraded products, to the benefit of 

investors and the marketplace. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The Exchange has filed the proposed 

rule change pursuant to Section 

19(b)(3)(A)(iii) of the Act 10 and Rule 

19b–4(f)(6) thereunder.11 Because the 

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 

prior to 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 and Rule 19b– 

4(f)(6) thereunder.12

A proposed rule change filed under 

Rule 19b–4(f)(6) 13 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b4(f)(6)(iii),14 the Commission 

may designate a shorter time if such 

action is consistent with the protection 

of investors and the public interest. The 

Exchange has asked the Commission to 

waive the 30-day operative delay so that 

the proposal may become operative 

immediately upon filing. The Exchange 

states that the proposed rule change is 

intended only to clarify a representation 

in Amendment No. 2 relating to the 

Cash Account. Except for this change, 

all other representations made in 

Amendment No. 2 remain unchanged 

and will continue to constitute 

continuing listing requirements for the 

Shares of the Trust. According to the 

Exchange, the Trust also will continue 

to comply with the terms of the 

Approval Order and the requirements of 

NYSE Arca Rule 8.201–E. The 

Commission believes that waiver of the 

30-day operative delay is consistent 

with the protection of investors and the 

public interest because the proposal 

provides a clarification to a 

representation of the Exchange and does 

not raise any new or novel regulatory 

issues. Accordingly, the Commission 

hereby waives the 30-day operative 

delay and designates the proposal 

operative upon filing.15

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. 

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– 

NYSEARCA–2024–08 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–NYSEARCA–2024–08. 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–NYSEARCA–2024–08 and should be 

submitted on or before February 13, 

2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–01187 Filed 1–22–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–614; OMB Control No. 

3235–0682] 

Proposed Collection; Comment 

Request; Extension: Rule 13h–1 and 

Form 13H 

Upon Written Request, Copies Available 

From: Securities and Exchange 


khammond on DSKJM1Z7X2PROD with NOTICES
4354 Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Notices 

1Rule 13h–1(a)(1) defines ‘‘large trader’’ as any 

person that directly or indirectly, including through 

other persons controlled by such person, exercises 

investment discretion over one or more accounts 

and effects transactions for the purchase or sale of 

any NMS security for or on behalf of such accounts, 

by or through one or more registered broker-dealers, 

in an aggregate amount equal to or greater than the 

identifying activity level or voluntarily registers as 

a large trader by filing electronically with the 

Commission Form 13H. 

2See Securities Exchange Act Release No. 64976 

(July 27, 2011), 76 FR 46959 (August 3, 2011). 

3The Commission, pursuant to Rule 17a–25 (17 

CFR 240.17a–25), currently collects transaction data 

from registered broker-dealers through the 

Electronic Blue Sheets (‘‘EBS’’) system to support 

its regulatory and enforcement activities. The large 

trader framework added two new fields, the time of 

the trade and the identity of the trader, to the EBS 

system. Additionally, pursuant to Rule 613 (17 CFR 

242.613), the Commission requires each national 

securities exchange and national securities 

association to collect transaction data from 

registered broker-dealers through the consolidated 

audit trail, to which the agency has access, to 

support regulatory and enforcement activities. This 

data includes the time of each trade and the LTID 

number of the person exercising investment 

discretion over the trade, the latter of which is 

assigned by the Commission pursuant to Rule 13h– 

1. 

4See 5 U.S.C. 552 and 15 U.S.C. 78m(h)(7). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 98665 

(Sept. 29, 2023), 88 FR 68811 (Oct. 4, 2023) (SR– 

NYSE–2023–09). Comments received on the NAC 

Proposal are available at https://www.sec.gov/ 

comments/sr-nyse-2023-09/srnyse202309.htm. 

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

5See Securities Exchange Act Release No. 98879 

(Nov. 7, 2023), 88 FR 78075 (Nov. 14, 2023). The 

Commission designated January 2, 2024, as the date 

by which the Commission shall approve or 

disapprove, or institute proceedings to determine 

whether to disapprove, the proposed rule change. 

6 15 U.S.C. 78s(b)(2)(B). 

7See Securities Exchange Act Release No. 99225 

(Dec. 21, 2023), 88 FR 89788 (Dec. 28, 2023). 

8 17 CFR 200.30–3(a)(12). 

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 

(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the 

Securities and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

on the existing collection of information 

provided for in Rule 13h–1 (17 CFR 

240.13h–1) and Form 13H—registration 

of large traders 1 submitted pursuant to 

Section 13(h) of the Securities Exchange 

Act of 1934 (15 U.S.C. 78a et seq.) 

(‘‘Exchange Act’’). The Commission 

plans to submit this existing collection 

of information to the Office of 

Management and Budget (‘‘OMB’’) for 

extension and approval. 

Rule 13h–1 and Form 13H under 

Section 13(h) of the Exchange Act 

established a large trader reporting 

framework.2 The framework assists the 

Commission in identifying and 

obtaining certain baseline information 

about traders that conduct a substantial 

amount of trading activity, as measured 

by volume or market value, in the U.S. 

securities markets. 

The identification, recordkeeping, and 

reporting framework provides the 

Commission with a mechanism to 

identify large traders and obtain 

additional information on their trading 

activity. Specifically, the system 

requires large traders to identify 

themselves to the Commission and file 

certain interim updates with the 

Commission on Form 13H. Upon receipt 

of Form 13H, the Commission issues a 

unique identification number to the 

large trader, which the large trader then 

provides to its registered broker-dealers. 

Certain registered broker-dealers are 

required to maintain transaction records 

for each large trader and are required to 

report that information to the 

Commission upon request.3 In addition, 

certain registered broker-dealers are 

required to adopt procedures to monitor 

their customers for activity that would 

trigger the identification requirements of 

the rule. 

The respondents to the collection of 

information required by Rule 13h–1 and 

Form 13H are large traders and 

registered broker-dealers. The 

Commission estimates that the total 

annual time burden associated with 

Rule 13h–1 and Form 13H is 

approximately 131,415 hours per year. 

This burden is comprised of 31,140 

hours for initial filings by large traders 

on Form 13H, 75,300 hours for updates 

by large traders, 22,200 hours for brokerdealer reporting, and 2,775 hours for 

broker-dealer monitoring. 

Compliance with Rule 13h–1 is 

mandatory. The information collection 

under proposed Rule 13h–1 is 

considered confidential subject to the 

limited exceptions provided by the 

Freedom of Information Act.4

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 

estimates of the burden of the proposed 

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 

March 25, 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, 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: January 18, 2024. 

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–01271 Filed 1–22–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99355; File No. SR–NYSE– 

2023–09] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Withdrawal of Proposed Rule Change 

To Amend the NYSE Listed Company 

Manual To Adopt Listing Standards for 

Natural Asset Companies 

January 17, 2024. 

On September 27, 2023, New York 

Stock Exchange LLC (the ‘‘Exchange’’ or 

‘‘NYSE’’) 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 amend the 

NYSE Listed Company Manual to adopt 

a new listing standard for the listing of 

Natural Asset Companies (‘‘NAC’’). The 

proposed rule change was published for 

comment in the Federal Register on 

October 4, 2023.3 On November 7, 2023, 

pursuant to Section 19(b)(2) of the Act,4

the Commission designated a longer 

period within which to approve the 

proposed rule change, disapprove the 

proposed rule change, or institute 

proceedings to determine whether to 

disapprove the proposed rule change.5

On December 21, 2023, the Commission 

instituted proceedings pursuant to 

Section 19(b)(2)(B) of the Act 6 to 

determine whether to approve or 

disapprove the proposed rule change.7

On January 17, 2024, the Exchange 

withdrew the proposed rule change 

(SR–NYSE–2023–09). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8


khammond on DSKJM1Z7X2PROD with NOTICES