60 Day Notice

36620

Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices

Priority Mail Express, Priority Mail,
First-Class Package Service & Parcel
Select Contract 11, Filed Under Seal;
Filing Acceptance Date: May 26, 2023;
Filing Authority: 39 CFR 3035.105;
Public Representative: Christopher C.
Mohr; Comments Due: June 6, 2023.
2. Docket No(s).: CP2022–77; Filing
Title: USPS Notice of Amendment to
Priority Mail Express, Priority Mail,
First-Class Package Service & Parcel
Select Contract 14, Filed Under Seal;
Filing Acceptance Date: May 26, 2023;
Filing Authority: 39 CFR 3035.105;
Public Representative: Christopher C.
Mohr; Comments Due: June 6, 2023.
This Notice will be published in the
Federal Register.

Resolution of litigation claims; and
Other matters relating to examinations
and enforcement proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting agenda items that
may consist of adjudicatory,
examination, litigation, or regulatory
matters.
CONTACT PERSON FOR MORE INFORMATION:
For further information; please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.
Authority: 5 U.S.C. 552b.
Dated: June 1, 2023.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2023–12089 Filed 6–1–23; 4:15 pm]

Erica A. Barker,
Secretary.

BILLING CODE 8011–01–P

[FR Doc. 2023–11843 Filed 6–2–23; 8:45 am]

SECURITIES AND EXCHANGE
COMMISSION

BILLING CODE 7710–FW–P

[SEC File No. 270–516, OMB Control No.
3235–0574]

SECURITIES AND EXCHANGE
COMMISSION

Proposed Collection; Comment
Request; Extension: Rule 3a–8

Sunshine Act Meetings
2:00 p.m. on Thursday,
June 8, 2023.
PLACE: The meeting will be held via
remote means and/or at the
Commission’s headquarters, 100 F
Street NE, Washington, DC 20549.
STATUS: This meeting will be closed to
the public.
MATTERS TO BE CONSIDERED:
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the closed meeting. Certain
staff members who have an interest in
the matters also may be present.
In the event that the time, date, or
location of this meeting changes, an
announcement of the change, along with
the new time, date, and/or place of the
meeting will be posted on the
Commission’s website at https://
www.sec.gov.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
and (10) and 17 CFR 200.402(a)(3),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and
(a)(10), permit consideration of the
scheduled matters at the closed meeting.
The subject matter of the closed
meeting will consist of the following
topics:
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings;

ddrumheller on DSK120RN23PROD with NOTICES1

TIME AND DATE:

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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 collections of information
summarized below. The Commission
plans to submit the existing collection
of information to the Office of
Management and Budget for extension
and approval.
17 CFR 270.3a–8 (rule 3a–8 of the
Investment Company Act of 1940 (15
U.S.C. 80a) (the ‘‘Act’’)), serves as a
nonexclusive safe harbor from
investment company status for certain
research and development companies
(‘‘R&D companies’’).
The rule requires that the board of
directors of an R&D company seeking to
rely on the safe harbor adopt an
appropriate resolution evidencing that
the company is primarily engaged in a
non-investment business and record
that resolution contemporaneously in its
minute books or comparable
documents.1 An R&D company seeking
to rely on the safe harbor must retain
these records only as long as such
records must be maintained in
accordance with state law.
1 Rule

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3a–8(a)(6) (17 CFR 270.3a–8(6)).

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Rule 3a–8 contains an additional
requirement that is also a collection of
information within the meaning of the
PRA. The board of directors of a
company that relies on the safe harbor
under rule 3a–8 must adopt a written
policy with respect to the company’s
capital preservation investments. We
expect that the board of directors will
base its decision to adopt the resolution
discussed above, in part, on investment
guidelines that the company will follow
to ensure its investment portfolio is in
compliance with the rule’s
requirements.
The collection of information
imposed by rule 3a–8 is voluntary
because the rule is an exemptive safe
harbor, and therefore, R&D companies
may choose whether or not to rely on it.
The purposes of the information
collection requirements in rule 3a–8 are
to ensure that: (i) the board of directors
of an R&D company is involved in
determining whether the company
should be considered an investment
company and subject to regulation
under the Act, and (ii) adequate records
are available for Commission review, if
necessary. Rule 3a–8 would not require
the reporting of any information or the
filing of any documents with the
Commission.
Commission staff estimates that there
is no annual recordkeeping burden
associated with the rule’s requirements.
Nevertheless, the Commission requests
authorization to maintain an inventory
of one burden hour for administrative
purposes.
Commission staff estimates that
approximately 537,619 R&D companies
may take advantage of rule 3a–8.2 Given
that the board resolutions and
investment guidelines will generally
need to be adopted only once (unless
relevant circumstances change),3 the
Commission believes that all the R&D
companies that existed prior to the
adoption of rule 3a–8 adopted their
board resolutions and established
written investment guidelines in 2003
when the rule was adopted. We expect
that R&D companies formed subsequent
to the adoption of rule 3a–8 would
adopt the board resolution and
investment guidelines simultaneously
with their formation documents in the
2 See National Science Foundation, National
Center for Science and Engineering Statistics,
Business Enterprise Research and Development,
2020 Data Tables, Table 10, available at: https://
ncses.nsf.gov/pubs/nsf23314.
3 In the event of changed circumstances, the
Commission believes that the board resolution and
investment guidelines will be amended and
recorded in the ordinary course of business and
would not create additional time burdens.

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Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices
ordinary course of business.4 Therefore,
we estimate that rule 3a–8 does not
impose additional burdens.
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 August 4, 2023.
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: May 30, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–11808 Filed 6–2–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. IA–6317]

Notice of Intention To Cancel
Registration Pursuant to Section
203(H) of the Investment Advisers Act
of 1940

ddrumheller on DSK120RN23PROD with NOTICES1

May 30, 2023.

Notice is given that the Securities and
Exchange Commission (the
‘‘Commission’’) intends to issue an
order, pursuant to Section 203(h) of the
Investment Advisers Act of 1940 (the
‘‘Act’’), cancelling the registration of
The Swarthmore Group, Inc., File No.
801–58069, hereinafter referred to as the
‘‘registrant.’’
Section 203(h) provides, in pertinent
part, that if the Commission finds that
4 In order for these companies to raise sufficient
capital to fund their product development stage,
Commission staff believes that they will need to
present potential investors with investment
guidelines. Investors generally want to be assured
that the company’s funds are invested consistent
with the goals of capital preservation and liquidity.

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any person registered under Section
203, or who has pending an application
for registration filed under that section,
is no longer in existence, is not engaged
in business as an investment adviser, or
is prohibited from registering as an
investment adviser under section 203A,
the Commission shall by order, cancel
the registration of such person.
The registrant appears to be no longer
in business as an investment adviser
and has not filed its most recent Form
ADV amendment with the Commission
as required by rule 204–1 under the
Act.1 Accordingly, the Commission
believes that reasonable grounds exist
for a finding that this registrant is no
longer eligible to be registered with the
Commission as an investment adviser
and that the registration should be
cancelled pursuant to section 203(h) of
the Act.
Notice is also given that any
interested person may, by June 26, 2023,
at 5:30 p.m., submit to the Commission
in writing a request for a hearing on the
cancellation, accompanied by a
statement as to the nature of his or her
interest, the reason for such request, and
the issues, if any, of fact or law
proposed to be controverted, and he or
she may request that he or she be
notified if the Commission should order
a hearing thereon. Any such
communication should be emailed to
the Commission’s Secretary at
Secretarys-Office@sec.gov.
At any time after June 26, 2023, the
Commission may issue an order
cancelling the registration, upon the
basis of the information stated above,
unless an order for a hearing on the
cancellation shall be issued upon
request or upon the Commission’s own
motion. Persons who requested a
hearing, or who requested to be advised
as to whether a hearing is ordered, will
receive any notices and orders issued in
this matter, including the date of the
hearing (if ordered) and any
postponements thereof. Any adviser
whose registration is cancelled under
delegated authority may appeal that
decision directly to the Commission in
accordance with rules 430 and 431 of
the Commission’s rules of practice (17
CFR 201.430 and 431).
ADDRESSES: The Commission:
Secretarys-Office@sec.gov.
FOR FURTHER INFORMATION CONTACT:
Juliet Han, Senior Counsel at 202–551–
6999; SEC, Division of Investment
Management, Office of Chief Counsel,
1 Rule 204–1 under the Act requires any adviser
that is required to complete Form ADV to amend
the form at least annually and to submit the
amendments electronically through the Investment
Adviser Registration Depository.

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36621

100 F Street NE, Washington, DC
20549–8549.
For the Commission, by the Division of
Investment Management, pursuant to
delegated authority.2
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–11821 Filed 6–2–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–97618; File No. SR–Phlx–
2023–19]

Self-Regulatory Organizations; Nasdaq
PHLX LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Options 7 To
Establish Pricing for Index Options on
the Nasdaq-100 ESG Index
May 30, 2023.

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 May 16,
2023, Nasdaq PHLX LLC (‘‘Phlx’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the 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 proposes to amend the
Exchange’s Pricing Schedule at Options
7 to adopt pricing for index options on
the Nasdaq-100 ESG Index, as described
further below.
The text of the proposed rule change
is available on the Exchange’s website at
https://listingcenter.nasdaq.com/
rulebook/phlx/rules, at the principal
office of the Exchange, 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
2 17

CFR 200.30–5(e)(2).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15

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