Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices 79987 

12The term ‘‘System’’ means the automated 

trading system used by the Exchange for the trading 

of securities. See Exchange Rule 100. 

13The Exchange notes that other exchanges filed 

similar proposals to delete references to minioptions. See supra note 9. 

14 15 U.S.C. 78s(b)(3)(A)(iii). 

15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) 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. 

16 15 U.S.C. 78s(b)(2)(B). 17 17 CFR 200.30–3(a)(12). 

because the proposed rule changes will 

provide greater clarity to Members and 

the public regarding the Exchange’s 

Rulebook by correcting grammatical 

errors and removing obsolete rule text. 

The proposed changes to remove 

obsolete rule text include the removal of 

outdated references to mini-options. 

Mini-options are no longer offered by 

the Exchange since mini-options failed 

to gain significant market acceptance 

and have not achieved the expected 

level of traction or success in its target 

market. Removing references to minioptions would render the rules more 

accurate and reduce potential investor 

confusion. It is in the public interest for 

the Exchange’s Rulebook to be accurate 

and concise so as to eliminate the 

potential for confusion. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed changes will impose any 

burden on competition not necessary or 

appropriate in furtherance of the 

purposes of the Act. Specifically, the 

Exchange believes the proposed changes 

will not impose any burden on intramarket competition as there is no 

functional change to the Exchange’s 

System 12 and because the rules of the 

Exchange apply to all Members equally. 

The proposed rule changes will have no 

impact on competition as they are not 

designed to address any competitive 

issue but rather are designed to remedy 

minor, non-substantive issues and 

provide added clarity to the Exchange’s 

Rulebook, including removing outdated 

references to mini-options that are no 

longer offered by the Exchange. Minioptions failed to gain significant market 

acceptance and have not achieved the 

expected level of traction or success in 

its target market, so the Exchange 

delisted all mini-options several years 

ago and does not have plans to re-list 

them in the foreseeable future.13 In 

addition, the Exchange does not believe 

the proposal will impose any burden on 

inter-market competition as the 

proposal does not address any 

competitive issues and is intended to 

protect investors by providing further 

transparency and accuracy regarding the 

Exchange’s Rulebook. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were either 

solicited or 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)(iii) of the Act 14 and 

subparagraph (f)(6) of Rule 19b–4 

thereunder.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. If the 

Commission takes such action, the 

Commission shall institute proceedings 

under Section 19(b)(2)(B) 16 of the Act to 

determine whether the proposed rule 

change 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– 

MIAX–2024–38 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–MIAX–2024–38. 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–MIAX–2024–38 and should be 

submitted on or before October 22, 

2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2024–22414 Filed 9–30–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

35342; File No. 812–15482] 

Lafayette Square USA, Inc., et al. 

September 26, 2024. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’ or ‘‘SEC’’). 

ACTION: Notice. 

Notice of application for an order 

under sections 17(d) and 57(i) of the 

Investment Company Act of 1940 (the 

‘‘Act’’) and rule 17d–1 under the Act to 


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79988 Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4 15 U.S.C. 78s(b)(1). 

5 17 CFR 240.19b–4. 

6 17 CFR 240.19b–4(f)(6)(iii). 

7See IEX Rule 1.160(nn). 

8See Securities Exchange Act Release No. 101018 

(September 12, 2024), 89 FR 76526 (September 18, 

2024) (SR–IEX–2024–17) (‘‘Data Center Migration 

Filing’’). 

9See IEX Rule 1.160(qq). 

10See IEX Rule 1.160(s). 

11See IEX Rule 1.160(ll). 

12See IEX Rule 11.130(c). 

13See IEX Rule 11.130(d). 

14See IEX Rule 11.130(a). 

15See IEX Rule 11.510(b)(1). 

16See supra note 5. 

permit certain joint transactions 

otherwise prohibited by sections 17(d) 

and 57(a)(4) of the Act and rule 17d–1 

under the Act. 

SUMMARY OF APPLICATION: Applicants 

request an order to amend a previous 

order granted by the Commission that 

permits certain business development 

companies and closed-end management 

investment companies to co-invest in 

portfolio companies with each other and 

with certain affiliated investment 

entities. 

APPLICANTS: Lafayette Square USA, Inc., 

Lafayette Square Private Fund, LLC and 

LS BDC Adviser, LLC. 

FILING DATES: The application was filed 

on July 12, 2023. 

HEARING OR NOTIFICATION OF HEARING: An 

order granting the requested relief will 

be issued unless the Commission orders 

a hearing. Interested persons may 

request a hearing on any application by 

emailing the SEC’s Secretary at 

Secretarys-Office@sec.gov and serving 

the Applicants with a copy of the 

request by email, if an email address is 

listed for the relevant Applicant below, 

or personally or by mail, if a physical 

address is listed for the relevant 

Applicant below. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on October 21, 2024, and 

should be accompanied by proof of 

service on the Applicants, in the form 

of an affidavit or, for lawyers, a 

certificate of service. Pursuant to rule 0– 

5 under the Act, hearing requests should 

state the nature of the writer’s interest, 

any facts bearing upon the desirability 

of a hearing on the matter, the reason for 

the request, and the issues contested. 

Persons who wish to be notified of a 

hearing may request notification by 

emailing the Commission’s Secretary at 

Secretarys-Office@sec.gov. 

ADDRESSES: The Commission: 

Secretarys-Office@sec.gov. Applicants: 

Ileana Stone, stone@

lafayettesquare.com; with copies to: 

Thomas Friedmann, 

thomas.friedmann@dechert.com and 

Cynthia Beyea, Cynthia.Beyea@

dechert.com. 

FOR FURTHER INFORMATION CONTACT: 

Terri G. Jordan, Branch Chief, at (202) 

551–6825 (Division of Investment 

Management, Chief Counsel’s Office). 

SUPPLEMENTARY INFORMATION: For 

Applicants’ representations, legal 

analysis, and conditions, please refer to 

Applicants’ application, dated July 12, 

2023, which may be obtained via the 

Commission’s website by searching for 

the file number at the top of this 

document, or for an Applicant using the 

Company name search field, on the 

SEC’s EDGAR system. The SEC’s 

EDGAR system may be searched at 

https://www.sec.gov/edgar/searchedgar/ 

legacy/companysearch.html. You may 

also call the SEC’s Public Reference 

Room at (202) 551–8090. 

For the Commission, by the Division of 

Investment Management, under delegated 

authority. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2024–22548 Filed 9–30–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–101192; File No. SR–IEX– 

2024–18] 

Self-Regulatory Organizations; 

Investors Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Modify a 

Representation in a Recent Rule Filing 

Regarding the Planned Migration of its 

System 

September 25, 2024. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on 

September 18, 2024, the Investors 

Exchange LLC (‘‘IEX’’ or the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission (the 

‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the self-regulatory organization. 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 

Pursuant to the provisions of Section 

19(b)(1) under the Act 4, and Rule 19b– 

4 thereunder 5, the Exchange is filing 

with the Commission a proposal to 

modify a representation in a recent rule 

filing regarding the amount of advance 

notice IEX will give before 

implementing that rule filing. The 

Exchange has designated this proposal 

as non-controversial and is requesting a 

waiver of the notice required by Rule 

19b–4(f)(6)(iii) under the Act.6

There is no rule text for this proposed 

rule change. 

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 

self-regulatory organization 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 self-regulatory organization 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 

On September 4, 2024, in connection 

with IEX’s planned migration of its 

System 7 from a data center located in 

Weehawken, New Jersey to a data center 

located in Secaucus, New Jersey, IEX 

filed with the Commission an 

immediately effective proposed rule 

change.8 The Data Center Migration 

Filing amended IEX Rules 11.190 and 

11.510 to remove references to the 

latency applicable to outbound 

communications from IEX’s System 

(‘‘outbound latency’’) to its Users 9

(defined as Members 10 and Sponsored 

Participants 11), Data Recipients 12, and 

Service Bureaus 13 (collectively, 

‘‘Participants’’ 14); the filing also added 

Temporary Supplementary Material .01 

to IEX Rule 11.510(a) to describe the 

minor temporary change in inbound 

latency 15 during the data center 

migration. The Data Center Migration 

Filing included a representation that 

IEX would issue a Trading Alert at least 

30 days in advance of the migration 

‘‘describing the transition, schedule, 

and impact.’’ 16 For the reasons set forth 

below, IEX is making this filing to 

modify the advance notice period in the 

Data Center Migration Filing from 30 to 

28 days. 

IEX has issued three Trading Alerts 

informing market participants about the 


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