Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Notices 7203 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 100102 

(May 10, 2024), 89 FR 42543. 

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

5See Securities Exchange Act Release No. 

100437, 89 FR 54894 (July 2, 2024). 

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

7See Securities Exchange Act Release No. 100720 

(August 13, 2024), 89 FR 67120 (August 19, 2024). 

8See Securities Exchange Act Release No. 101517 

(November 12, 2024), 89 FR 89070 (November 5, 

2024) (Extension No. 2). The Commission 

designated January 10, 2025, as the date by which 

the Commission shall approve or disapprove the 

proposed rule change. 

9 17 CFR 200.30–3(a)(12). 

Dated: January 16, 2025. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2025–01519 Filed 1–16–25; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

35450; 812–15648] 

ETF Opportunities Trust and 

Brookmont Capital Management, LLC 

January 15, 2025. 

AGENCY: Securities and Exchange 

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

ACTION: Notice. 

Notice of an application under section 

6(c) of the Investment Company Act of 

1940 (‘‘Act’’) for an exemption from 

section 15(a) of the Act, as well as from 

certain disclosure requirements in rule 

20a–1 under the Act, Item 19(a)(3) of 

Form N–1A, Items 22(c)(1)(ii), 

22(c)(1)(iii), 22(c)(8) and 22(c)(9) of 

Schedule 14A under the Securities 

Exchange Act of 1934, and Sections 6– 

07(2)(a), (b), and (c) of Regulation S–X 

(‘‘Disclosure Requirements’’). 

SUMMARY OF APPLICATION: The requested 

exemption would permit Applicants to 

enter into and materially amend 

subadvisory agreements with certain 

subadvisors without shareholder 

approval and grant relief from the 

Disclosure Requirements as they relate 

to fees paid to the subadvisors. 

APPLICANTS: ETF Opportunities Trust 

and Brookmont Capital Management, 

LLC. 

FILING DATES: The application was filed 

on October 23, 2024 and amended on 

November 4, 2024. 

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 February 10, 2025, 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. 

ADDRESSES: The Commission: 

Secretarys-Office@sec.gov. Applicants: 

ETF Opportunities Trust, 8370 Stony 

Point Parkway, Suite 205, Richmond, 

Virginia 23235, Brookmont Capital 

Management, 5950 Berkshire Lane, 

Suite 1420, Dallas, Texas 75225 and 

John H. Lively, Esq, John.Lively@

practus.com. 

FOR FURTHER INFORMATION CONTACT: 

Barbara T. Heussler, Senior Counsel, or 

Daniele Marchesani, Assistant Chief 

Counsel, 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’ amended application, dated 

November 4, 2024, 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 Office of investor Education 

and Advocacy at (202) 551–8090. 

For the Commission, by the Division of 

Investment Management, under delegated 

authority. 

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2025–01363 Filed 1–17–25; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–102183; File No. SR–NYSE– 

2024–23] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Withdrawal of a Proposed Rule Change 

To Amend Section 703.12(II) of the 

NYSE Listed Company Manual To 

Expand the Circumstances Under 

Which Rights May Be Listed on the 

NYSE 

January 14, 2025. 

On April 29, 2024, the New York 

Stock Exchange LLC (‘‘NYSE’’ 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 change to 

amend Section 703.12(II) of the NYSE 

Listed Company Manual to expand the 

circumstances under which rights may 

be listed on the NYSE by allowing 

issuers to (i) issue rights to more than 

existing shareholders for a class of 

securities that is listed or to be listed on 

the Exchange, and (ii) list and trade 

rights on the Exchange prior to listing 

the security into which such rights will 

be exercisable. The proposed rule 

change was published for comment in 

the Federal Register on May 15, 2024.3

On June 26, 2024, 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 August 19, 2024, 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 November 5, 2024, the 

Commission designated a longer period 

for Commission action on the proposed 

rule change.8

On December 17, 2024, the Exchange 

withdrew the proposed rule change 

(SR–NYSE–2024–23). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2025–01292 Filed 1–17–25; 8:45 am] 

BILLING CODE 8011–01–P 


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