103012 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Notices 

63 17 CFR 200.30–3(a)(12). 

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–Phlx–2024–66 and should be 

submitted on or before January 8, 2025. 

For the Commission, by the Division 

of Trading and Markets, pursuant to 

delegated authority.63

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–29922 Filed 12–17–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–015, OMB Control No. 

3235–0021] 

Proposed Collection; Comment 

Request; Extension: Rule 6a–3 

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 

(‘‘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 6a–3 (17 CFR 

240.6a–3) under the Securities Exchange 

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

(‘‘Act’’). The Commission plans to 

submit this existing collection of 

information to the Office of 

Management and Budget (‘‘OMB’’) for 

extension and approval. 

Section 6 of the Act sets out a 

framework for the registration and 

regulation of national securities 

exchanges. Under Rule 6a–3, one of the 

rules that implements Section 6, a 

national securities exchange (or an 

exchange exempted from registration as 

a national securities exchange based on 

limited trading volume) must provide 

certain supplemental information to the 

Commission, including any material 

(including notices, circulars, bulletins, 

lists, and periodicals) issued or made 

generally available to members of, or 

participants or subscribers to, the 

exchange. Rule 6a–3 also requires the 

exchanges to file monthly reports that 

set forth the volume and aggregate 

dollar amount of certain securities sold 

on the exchange each month. 

The information required to be filed 

with the Commission pursuant to Rule 

6a–3 is designed to enable the 

Commission to carry out its statutorily 

mandated oversight functions and to 

ensure that registered and exempt 

exchanges continue to be in compliance 

with the Act. 

The Commission estimates that each 

respondent makes approximately 12 

such filings on an annual basis. Each 

response takes approximately 0.5 hours. 

Currently, 26 respondents (26 national 

securities exchanges) are subject to the 

collection of information requirements 

of Rule 6a–3. The Commission estimates 

that the total time burden for all 

respondents is 156 hours per year. 

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 

February 18, 2025. 

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: Austin Gerig, Director/Chief Data 

Officer, Securities and Exchange 

Commission, c/o Tanya Ruttenberg, 100 

F Street NE, Washington, DC 20549, or 

send an email to: PRA_Mailbox@

sec.gov. 

Dated: December 12, 2024. 

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–29915 Filed 12–17–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–275, OMB Control No. 

3235–0235] 

Proposed Collection; Comment 

Request; Extension: Rule 17a–8 

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 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. 

Rule 17a–8 (17 CFR 270.17a–8) under 

the Investment Company Act of 1940 

(the ‘‘Act’’) (15 U.S.C. 80a–1 et seq.) is 

entitled ‘‘Mergers of affiliated 

companies.’’ Rule 17a–8 exempts 

certain mergers and similar business 

combinations (‘‘mergers’’) of affiliated 

registered investment companies 

(‘‘funds’’) from prohibitions under 

section 17(a) of the Act (15 U.S.C. 80a– 

17(a)) on purchases and sales between a 

fund and its affiliates. The rule requires 

fund directors to consider certain issues 

and to record their findings in board 

minutes. The rule requires the directors 

of any fund merging with an 

unregistered entity to approve 

procedures for the valuation of assets 

received from that entity. These 

procedures must provide for the 

preparation of a report by an 

independent evaluator that sets forth the 

fair value of each such asset for which 

market quotations are not readily 

available. The rule also requires a fund 

being acquired to obtain approval of the 

merger transaction by a majority of its 

outstanding voting securities, except in 

certain situations, and requires any 

surviving fund to preserve written 

records describing the merger and its 

terms for six years after the merger (the 

first two in an easily accessible place). 

The average annual burden of meeting 

the requirements of rule 17a–8 is 

estimated to be 7 hours for each fund. 

The Commission staff estimates that 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Notices 103013 

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

2 17 CFR 240.19b–4. 

3All references to the ‘‘Exchange’’ or ‘‘MIAX 

Pearl’’ in this filing refer to MIAX Pearl Options. 

Any references to the equities trading facility of 

MIAX PEARL, LLC will specifically be referred to 

as ‘‘MIAX Pearl Equities.’’ 

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

organization that is registered with the Exchange 

pursuant to Chapter II of Exchange Rules for 

purposes of trading on the Exchange as an 

‘‘Electronic Exchange Member’’ or ‘‘Market Maker.’’ 

Members are deemed ‘‘members’’ under the 

Exchange Act. See the Definitions section of the Fee 

Schedule and Exchange Rule 100. 

5Business continuity and disaster recovery 

testing is performed separately and not within the 

testing systems environment that is the subject of 

this filing. 

each year approximately 200 funds rely 

on the rule. The estimated total average 

annual burden for all respondents 

therefore is 1,400 hours. 

The average cost burden of preparing 

a report by an independent evaluator in 

a merger with an unregistered entity is 

estimated to be $16,180. The average net 

cost burden of obtaining approval of a 

merger transaction by a majority of a 

fund’s outstanding voting securities is 

estimated to be $131,302. The 

Commission staff estimates that each 

year approximately 24 funds hold 

shareholder votes that would not 

otherwise have held a shareholder vote. 

The total annual cost burden of meeting 

these requirements is estimated to be 

$3,151,248. 

The estimates of average burden hours 

and average cost burdens are made 

solely for the purposes of the Paperwork 

Reduction Act, and are not derived from 

a comprehensive or even a 

representative survey or study. 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 February 18, 2025. 

Please direct your written comments 

to: Austin Gerig, Director/Chief Data 

Officer, Securities and Exchange 

Commission, c/o Tanya Ruttenberg, 100 

F Street NE, Washington, DC 20549 or 

send an email to: PRA_Mailbox@

sec.gov. 

Dated: December 12, 2024. 

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–29913 Filed 12–17–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–101897; File No. SR– 

PEARL–2024–56] 

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 LLC To Adopt 

Fees for Dedicated Cross Connection 

Access to the Testing Systems 

Environment 

December 12, 2024. 

Pursuant to 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 November 

29, 2024, MIAX PEARL, LLC (‘‘MIAX 

Pearl’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) a proposed rule change 

as described in Items I, II, and III 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 

Exchange Fee Schedule (‘‘Fee 

Schedule’’) to establish a fee for market 

participants that choose to utilize the 

Exchange’s testing systems environment 

via a dedicated cross connection.3

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 proposes to establish a 

fee for market participants that choose 

to utilize the Exchange’s testing systems 

environment via a dedicated cross 

connection. The testing systems 

environment is a virtual trading system 

environment for Members 4 and nonMembers to test (i) upcoming Exchange 

software and code releases, (ii) product 

enhancements, and (iii) firm-developed 

software, prior to implementation in the 

Exchange’s production (e.g., live 

trading) environment. Further, the 

testing systems environment allows 

unlimited testing of existing 

functionality, such as order types, order 

entry, order management, order 

throughput, acknowledgements, risk 

settings, mass cancelations, and purge 

requests. The testing systems 

environment is built to closely 

approximate the production 

environment to enable Members and 

non-Members the ability to test their 

systems and mimics the live trading 

environment.5

There are currently three methods by 

which Members and non-Members may 

access the Exchange’s testing systems 

environment. One, Members and nonMembers may access the Exchange’s 

testing systems environment via a 

virtual private network (‘‘VPN’’) that 

operates over the internet and provides 

site-to-site access. VPN access is 

provided for free to all Members and 

non-Members. 

A second method is via a dedicated 

cross connection that allows Members 

and non-Members to access the testing 

systems environment and is available as 

either a 1 gigabit (‘‘Gb’’) or 10Gb 

connection. Members and non-Members 

that utilize a VPN or a dedicated cross 

connection to access the testing systems 

environment of the Exchange are also 

able to access the testing systems 

environments of each of the Exchange’s 

affiliated options markets—MIAX 


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