Prospect Floating Rate and Alternative Income Fund, Inc. and Prospect Capital Management L.P., 73060-73061 [2022-25789]

Download as PDF 73060 Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Notices III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 11 and Rule 19b–4(f)(6) 12 thereunder because the proposal does not: (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) by its terms, become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest.13 A proposed rule change filed pursuant to Rule 19b–4(f)(6) under the Act 14 normally does not become operative for 30 days after the date of its filing. However, Rule 19b–4(f)(6)(iii) 15 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Exchange states that waiver of the 30-day operative delay would permit the Exchange to update the subparagraph numbering in Exchange Rule 515 immediately, thereby avoiding any potential investor confusion during the operative delay period. The Commission believes that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest because the proposed rule change does not raise any new or novel issues. Accordingly, the Commission hereby waives the operative delay and designates the proposal operative upon filing.16 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 11 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). 13 In addition, Rule 19b–4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange’s 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. 14 17 CFR 240.19b–4(f)(6). 15 17 CFR 240.19b–4(f)(6)(iii). 16 For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). khammond on DSKJM1Z7X2PROD with NOTICES 12 17 VerDate Sep<11>2014 19:33 Nov 25, 2022 Jkt 259001 public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.17 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– EMERALD–2022–32. 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–EMERALD–2022–32. 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 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–EMERALD–2022–32, and should be submitted on or before December 19, 2022. 17 15 PO 00000 U.S.C. 78s(b)(3)(C). Frm 00101 Fmt 4703 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.18 J. Matthew DeLesDernier, Deputy Secretary. [FR Doc. 2022–25786 Filed 11–25–22; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 34755; File No. 812–15393] Prospect Floating Rate and Alternative Income Fund, Inc. and Prospect Capital Management L.P. November 21, 2022. Securities and Exchange Commission (‘‘Commission’’ or ‘‘SEC’’). ACTION: Notice. AGENCY: Notice of an application under section 6(c) of the Investment Company Act of 1940 (the ‘‘Act’’) for an exemption from sections 18(a)(2), 18(c) and 18(i) and section 61(a) of the Act. SUMMARY OF APPLICATION: Applicants request an order to permit certain closed-end management investment companies that have elected to be regulated as business development companies (‘‘BDCs’’) to issue multiple classes of shares with varying sales loads and asset-based service and/or distribution fees. APPLICANTS: Prospect Floating Rate and Alternative Income Fund, Inc. and Prospect Capital Management L.P. FILING DATES: The application was filed on October 5, 2022. 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 Commission’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 December 12, 2022, 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. 18 17 Sfmt 4703 E:\FR\FM\28NON1.SGM CFR 200.30–3(a)(12). 28NON1 Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Notices 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: Russell Wininger, Prospect Floating Rate and Alternative Income Fund, Inc., 10 East 40th Street, 42nd Floor, New York, New York 10016, rwininger@ prospectcap.com; Cynthia R. Beyea, Esq., Eversheds Sutherland (US) LLP, 700 Sixth Street NW, Suite 700, Washington, DC 20001, cynthiabeyea@ eversheds-sutherland.com. FOR FURTHER INFORMATION CONTACT: Matthew Cook, Senior Counsel, or 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 October 5, 2022, 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. J. Matthew DeLesDernier. Deputy Secretary. [FR Doc. 2022–25789 Filed 11–25–22; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 17677 and # 17678; Illinois Disaster Number IL–00071] Presidential Declaration Amendment of a Major Disaster for the State of Illinois U.S. Small Business Administration. ACTION: Amendment 1. AGENCY: This is an amendment of the Presidential declaration of a major disaster for the State of Illinois (FEMA– 4676–DR), dated 10/14/2022. Incident: Severe Storm and Flooding. Incident Period: 07/25/2022 through 07/28/2022. DATES: Issued on 11/21/2022. Physical Loan Application Deadline Date: 12/16/2022. Economic Injury (EIDL) Loan Application Deadline Date: 07/14/2023. ADDRESSES: Submit completed loan applications to: U.S. Small Business khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:33 Nov 25, 2022 Jkt 259001 Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: The notice of the President’s major disaster declaration for the State of Illinois, dated 10/14/2022, is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to 12/16/2022. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Number 59008) Rafaela Monchek, Acting Associate Administrator for Disaster Assistance. [FR Doc. 2022–25913 Filed 11–25–22; 8:45 am] BILLING CODE 8026–09–P SMALL BUSINESS ADMINISTRATION Reporting and Recordkeeping Requirements Under OMB Review Small Business Administration. 30-Day notice. AGENCY: ACTION: The Small Business Administration (SBA) is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act and OMB procedures, SBA is publishing this notice to allow all interested member of the public an additional 30 days to provide comments on the proposed collection of information. DATES: Submit comments on or before December 28, 2022. ADDRESSES: Written comments and recommendations for this information collection request should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection request by selecting ‘‘Small Business Administration’’; ‘‘Currently Under Review,’’ then select the ‘‘Only Show ICR for Public Comment’’ checkbox. This information collection can be identified by title and/or OMB Control Number. FOR FURTHER INFORMATION CONTACT: You may obtain a copy of the information collection and supporting documents from the Agency Clearance Office at Curtis.Rich@sba.gov; (202) 205–7030, or from www.reginfo.gov/public/do/ PRAMain. SUMMARY: PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 73061 The collected information is submitted by small business concerns seeking to obtain and maintain certification as a certified HUBZone small business. SBA uses the information to verify a concern’s eligibility for the HUBZone program, to maintain a database of certified HUBZone small business concerns, as well as for the recertification and examination of certified HUBZone small business concerns. Finally, SBA uses the information to prepare reports for the Executive and legislative branches. SUPPLEMENTARY INFORMATION: Solicitation of Public Comments Comments may be submitted on (a) whether the collection of information is necessary for the agency to properly perform its functions; (b) whether the burden estimates are accurate; (c) whether there are ways to minimize the burden, including through the use of automated techniques or other forms of information technology; and (d) whether there are ways to enhance the quality, utility, and clarity of the information. OMB Control 3245–0320. Title: HUBZone Program Electronic Application. Description of Respondents: Small business concerns seeking to obtain and maintain certification as a certified HUBZone small business. Estimated Number of Respondents: 6,951. Estimated Annual Responses: 3,762. Estimated Annual Hour Burden: 10,462. Curtis Rich, Agency Clearance Officer. [FR Doc. 2022–25864 Filed 11–25–22; 8:45 am] BILLING CODE 8026–09–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #17713 and #17714; SOUTH CAROLINA Disaster Number SC– 00082] Presidential Declaration of a Major Disaster for Public Assistance Only for the State of South Carolina Small Business Administration. Notice. AGENCY: ACTION: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of South Carolina (FEMA– 4677–DR), dated 11/21/2022. Incident: Hurricane Ian. Incident Period: 09/25/2022 through 10/04/2022. DATES: Issued on 11/21/2022. Physical Loan Application Deadline Date: 01/20/2023. SUMMARY: E:\FR\FM\28NON1.SGM 28NON1

Agencies

[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Notices]
[Pages 73060-73061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25789]


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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34755; File No. 812-15393]


Prospect Floating Rate and Alternative Income Fund, Inc. and 
Prospect Capital Management L.P.

November 21, 2022.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment 
Company Act of 1940 (the ``Act'') for an exemption from sections 
18(a)(2), 18(c) and 18(i) and section 61(a) of the Act.

Summary of Application:  Applicants request an order to permit certain 
closed-end management investment companies that have elected to be 
regulated as business development companies (``BDCs'') to issue 
multiple classes of shares with varying sales loads and asset-based 
service and/or distribution fees.

Applicants:  Prospect Floating Rate and Alternative Income Fund, Inc. 
and Prospect Capital Management L.P.

Filing Dates:  The application was filed on October 5, 2022.

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 Commission's Secretary at [email protected] 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 December 
12, 2022, 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.

[[Page 73061]]

Persons who wish to be notified of a hearing may request notification 
by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants: 
Russell Wininger, Prospect Floating Rate and Alternative Income Fund, 
Inc., 10 East 40th Street, 42nd Floor, New York, New York 10016, 
[email protected]; Cynthia R. Beyea, Esq., Eversheds Sutherland 
(US) LLP, 700 Sixth Street NW, Suite 700, Washington, DC 20001, 
sutherland.com">[email protected]sutherland.com.

FOR FURTHER INFORMATION CONTACT: Matthew Cook, Senior Counsel, or 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 October 5, 2022, 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.
J. Matthew DeLesDernier.
Deputy Secretary.
[FR Doc. 2022-25789 Filed 11-25-22; 8:45 am]
BILLING CODE 8011-01-P
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