60 Day Notice

61656

Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices

ddrumheller on DSK120RN23PROD with NOTICES1

Securities and Similar Investments in
the Custody of Management Investment
Companies.’’ Form N–17f–2 is the cover
sheet for the accountant examination
certificates filed under rule 17f–2 (17
CFR 270.17f–2) by registered
management investment companies
(‘‘funds’’) maintaining custody of
securities or other investments. Form
N–17f–2 facilitates the filing of the
accountant’s examination certificates
prepared under rule 17f–2. The use of
the form allows the certificates to be
filed electronically, and increases the
accessibility of the examination
certificates to both the Commission’s
examination staff and interested
investors by ensuring that the
certificates are filed under the proper
Commission file number and the correct
name of a fund.
Commission staff estimates that it
takes: (i) on average 1.25 hours of fund
accounting personnel at a total cost of
$315 to prepare each Form N–17f–2; 1
and (ii) .75 hours of administrative
assistant time at a total cost of $70.50 to
file the Form N–17f–2 with the
Commission.2 Approximately 165 funds
currently file Form N–17f–2 with the
Commission. Commission staff
estimates that on average each fund files
Form N–17f–2 three times annually for
a total annual hourly burden per fund
of approximately 6 hours at a total cost
of $1,156.50. The total annual hour
burden for Form N–17f–2 is therefore
estimated to be approximately 990
hours at a total cost of approximately
$190,822.50.3 Form N–17f–2 does not
impose any paperwork related cost
burdens other than this internal hour
cost.
The estimate of average burden hours
is made solely for the purposes of the
Paperwork Reduction Act, and is not
derived from a comprehensive or even
a representative survey or study of the
costs of Commission rules and forms.
Complying with the collections of
information required by Form N–17f–2
is mandatory for those funds that
maintain custody of their own assets.
Responses will not be kept confidential.
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 control
number.
1 This estimate is based on the following
calculation: 1.25 × $252 (fund senior accountant’s
hourly rate) = $315.
2 This estimate is based on the following
calculation: .75 × $94 (administrative assistant
hourly rate) $70.50.
3 This estimate is based on the following
calculation: 165 funds × $1,156.50 (total annual cost
per fund) = $190,822.50.

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19:19 Sep 06, 2023

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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 November 6, 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, Acting 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: August 31, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–19246 Filed 9–6–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–572, OMB Control No.
3235–0636]

Proposed Collection; Comment
Request; Extension: Rule 0–2
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 collections 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.
Several sections of the Investment
Company Act of 1940 (‘‘Act’’ or
‘‘Investment Company Act’’) 1 give the
Securities and Exchange Commission

(‘‘Commission’’) the authority to issue
orders granting exemptions from the
Act’s provisions. The section that grants
broadest authority is section 6(c), which
provides the Commission with authority
to conditionally or unconditionally
exempt persons, securities or
transactions from any provision of the
Investment Company Act, or the rules or
regulations thereunder, if and to the
extent that such exemption is necessary
or appropriate in the public interest and
consistent with the protection of
investors and the purposes fairly
intended by the policy and provisions of
the Act.2 Congress enacted section 6(c)
to give the Commission the flexibility to
address unforeseen or changed
circumstances in the investment
company industry. Rule 0–2 under the
Investment Company Act,3 entitled
‘‘General Requirements of Papers and
Applications,’’ prescribes general
instructions for filing an application
seeking exemptive relief with the
Commission.
Rule 0–2(c)(1) requires that every
application for an order for which a
form is not specifically prescribed and
which is executed by a corporation,
partnership or other company and filed
with the Commission contain a
statement of the applicable provisions of
the articles of incorporation, bylaws or
similar documents, relating to the right
of the person signing and filing such
application to take such action on behalf
of the applicant, and a statement that all
such requirements have been complied
with and that the person signing and
filing the application is fully authorized
to do so. If such authorization is
dependent on resolutions of
stockholders, directors, or other bodies,
such resolutions must be attached as an
exhibit to or quoted in the application.
Any amendment to the application must
contain a similar statement as to the
applicability of the original statement of
authorization. When any application or
amendment is signed by an agent or
attorney, rule 0–2(c)(1) requires that the
power of attorney evidencing his
authority to sign shall state the basis for
the agent’s authority and shall be filed
with the Commission. Every application
subject to rule 0–2 must be verified by
the person executing the application by
executing an instrument in substantially
the form specified in the rule. Each
application subject to rule 0–2 must
state the reasons why the applicant is
deemed to be entitled to the action
requested, the name and address of each
applicant, and the name and address of
any person to whom any questions
2 15

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U.S.C. 80a–1 et seq.

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3 17

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U.S.C. 80a–6(c).
CFR 270.0–2.

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Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices
regarding the application should be
directed. Electronic filing of all
applications for orders under the
Investment Company Act is mandatory.
Each application subject to rule 0–2 is
a one-time request and the rule itself
does not impose any ongoing
obligations or burdens on the part of an
applicant.
Based on historical filing data and
estimates of the annual number of
filings, the staff estimates that the
Commission will receive roughly 112
applications for an exemptive order per
year, and that each such applications
will take an average of 20.25 hours of inhouse attorney time as well as total
external costs of $92,000.
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 November 6, 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, Acting 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: August 31, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–19247 Filed 9–6–23; 8:45 am]
BILLING CODE 8011–01–P

Commission’s headquarters and via
videoconference.
PLACE: The meeting will be hybrid, with
some Committee members attending by
remote means (videoconference) and
others in-person at the Commission’s
headquarters, 100 F Street NE,
Washington, DC 20549, in MultiPurpose Room LL–006. Members of the
public may watch the webcast of the
meeting on the Commission’s website at
www.sec.gov.
STATUS: The meeting will begin at 10:00
a.m. (ET) and will be open to the public
via webcast on the Commission’s
website at www.sec.gov. This Sunshine
Act notice is being issued because a
majority of the Commission may attend
the meeting.
MATTERS TO BE CONSIDERED: The agenda
for the meeting includes matters relating
to rules and regulations affecting small
and emerging businesses and their
investors under the federal securities
laws.
CONTACT PERSON FOR MORE INFORMATION:
For further information and to ascertain
what, if any, matters have been added,
deleted or postponed; please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.
Authority: 5 U.S.C. 552b.
Dated: September 5, 2023.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2023–19420 Filed 9–5–23; 4:15 pm]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–98264; File No. SR–
CboeBZX–2023–042]

Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of
Designation of a Longer Period for
Commission Action on a Proposed
Rule Change, as Modified by
Amendment No. 1, To List and Trade
Shares of the WisdomTree Bitcoin
Trust Under BZX Rule 14.11(e)(4),
Commodity-Based Trust Shares

61657

Trust Shares. On July 11, 2023, the
Exchange filed Amendment No. 1,
which amended and replaced the
proposed rule change in its entirety. The
proposed rule change, as modified by
Amendment No. 1, was published for
comment in the Federal Register on July
19, 2023.3
Section 19(b)(2) of the Act 4 provides
that within 45 days of the publication of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day after
publication of the notice for this
proposed rule change is September 2,
2023. The Commission is extending this
45-day time period.
The Commission finds it appropriate
to designate a longer period within
which to take action on the proposed
rule change so that it has sufficient time
to consider the proposed rule change
and the issues raised therein.
Accordingly, the Commission, pursuant
to section 19(b)(2) of the Act,5
designates October 17, 2023, as the date
by which the Commission shall either
approve or disapprove, or institute
proceedings to determine whether to
disapprove, the proposed rule change
(File No. SR–CboeBZX–2023–042), as
modified by Amendment No. 1.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–19238 Filed 9–6–23; 8:45 am]
BILLING CODE 8011–01–P

August 31, 2023.

SECURITIES AND EXCHANGE
COMMISSION
ddrumheller on DSK120RN23PROD with NOTICES1

Sunshine Act Meetings
Notice is hereby given,
pursuant to the provisions of the
Government in the Sunshine Act, Public
Law 94–409, that the Securities and
Exchange Commission Small Business
Capital Formation Advisory Committee
will hold a public meeting on Tuesday,
September 19, 2023, at the

TIME AND DATE:

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19:19 Sep 06, 2023

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On June 30, 2023, Cboe BZX
Exchange, Inc. (‘‘BZX’’ 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 list and trade shares of the
WisdomTree Bitcoin Trust under BZX
Rule 14.11(e)(4), Commodity-Based
1 15
2 17

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U.S.C. 78s(b)(1).
CFR 240.19b–4.

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Fmt 4703

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3 See Securities Exchange Act Release No. 97904
(July 13, 2023), 88 FR 46207. Comments on the
proposed rule change, as modified by Amendment
No. 1, are available at: https://www.sec.gov/
comments/sr-cboebzx-2023-042/
srcboebzx2023042.htm.
4 15 U.S.C. 78s(b)(2).
5 15 U.S.C. 78s(b)(2).
6 17 CFR 200.30–3(a)(31).

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