Cantor Fitzgerald Sustainable Infrastructure Fund and Cantor Fitzgerald Investment Advisors, L.P., 73367 [2022-25956]
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Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Notices
Proposed Amendment or to approve the
Proposed Amendment with any changes
or subject to any conditions the
Commission deems necessary or
appropriate (File No. 4–698).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022–26045 Filed 11–28–22; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
34758; File No. 812–15358]
Cantor Fitzgerald Sustainable
Infrastructure Fund and Cantor
Fitzgerald Investment Advisors, L.P.
November 22, 2022.
Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’).
ACTION: Notice.
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Notice of an application for an order
pursuant to 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) of the Act,
pursuant to sections 6(c) and 23(c) of
the Act for certain exemptions from rule
23c–3 under the Act, and pursuant to
section 17(d) of the Act and rule 17d–
1 thereunder.
SUMMARY OF APPLICATION: Applicants
request an order to permit certain
registered closed-end management
investment companies to issue multiple
classes of shares and to impose early
withdrawal charges and asset-based
distribution and/or service fees.
APPLICANTS: Cantor Fitzgerald
Sustainable Infrastructure Fund and
Cantor Fitzgerald Investment Advisors,
L.P.
FILING DATES: The application was filed
on June 27, 2022, and amended on
October 6, 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 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
12 17
CFR 200.30–3(a)(85).
VerDate Sep<11>2014
16:29 Nov 28, 2022
Jkt 259001
by 5:30 p.m. on December 19, 2022, and
should be accompanied by proof of
service on 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 at
Secretarys-Office@sec.gov.
ADDRESSES: The Commission:
Secretarys-Office@sec.gov. Applicants:
Terrence Davis, Esq., davist@gtlaw.com.
FOR FURTHER INFORMATION CONTACT:
Jennifer O. Palmer, 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’ second amended and
restated application, dated October 6,
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, 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.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022–25956 Filed 11–28–22; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96384; File No. SRCboeBZX–2022–045]
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Order Instituting
Proceedings To Determine Whether To
Approve or Disapprove a Proposed
Rule Change To Amend the Opening
Auction Process Provided Under Rule
11.23(b)(2)(B)
November 23, 2022.
On August 15, 2022, Cboe BZX
Exchange, Inc. (‘‘Exchange’’ or ‘‘BZX’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to section 19(b)(1) of the Securities
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
73367
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change to amend the Opening Auction
process provided under Rule
11.23(b)(2)(B). The proposed rule
change was published for comment in
the Federal Register on August 31,
2022.3 On October 12, 2022, 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 The Commission
has received no comments on the
proposed rule change. This order
institutes proceedings under section
19(b)(2)(B) of the Act 6 to determine
whether to approve or disapprove the
proposed rule change.
I. Summary of the Proposed Rule
Change 7
BZX holds an Opening Auction for
each security listed on the Exchange.
During an Opening Auction, all
executions, if any, occur at a single
price, and that price must be within a
certain range established by the
Exchange. The Exchange proposes to
amend its Opening Auction process by,
under certain circumstances, delaying
the Opening Auction and if necessary
gradually widening the bands within
which the Opening Auction price must
fall. The Exchange also proposes
associated changes reflecting the
proposed modifications to its process.8
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 95601
(Aug. 25, 2022), 87 FR 53514 (‘‘Notice’’).
4 15 U.S.C. 78s(b)(2).
5 See Securities Exchange Act Release No. 96038,
87 FR 63115 (Oct. 18, 2022). The Commission
designated November 29, 2022 as the date by which
the Commission shall approve or disapprove, or
institute proceedings to determine whether to
disapprove, the proposed rule change.
6 15 U.S.C. 78s(b)(2)(B).
7 For a full description of all aspects of the
proposed rule change, including BZX’s justification
for it, please see the Notice, supra note 3.
8 For example, the Exchnage proposes to amend
BZX Rules 11.23(b)(1)(A) and (B), to reflect that the
Opening Auction may occur at a time other than
9:30 a.m. It also proposes to amend BZX Rule
11.23(b)(1)(B) to provide that Eligible Auction
Orders designated for the Opening Auction may not
be cancelled or modified from 9:28 a.m. until the
Opening Auction has concluded except that Regular
Hours Only (‘‘RHO’’) limit orders designated for the
Opening Auction may be modified, but not
cancelled, from 9:28 a.m. until the time the
Opening Auction has concluded. Any such RHO
limit orders modified from 9:28 a.m. until the
Opening Auction has concluded would be treated
as late-limit-on-open orders.
2 17
E:\FR\FM\29NON1.SGM
29NON1
Agencies
[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Notices]
[Page 73367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25956]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Investment Company Act Release No. 34758; File No. 812-15358]
Cantor Fitzgerald Sustainable Infrastructure Fund and Cantor
Fitzgerald Investment Advisors, L.P.
November 22, 2022.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').
ACTION: Notice.
-----------------------------------------------------------------------
Notice of an application for an order pursuant to 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) of the Act, pursuant to sections
6(c) and 23(c) of the Act for certain exemptions from rule 23c-3 under
the Act, and pursuant to section 17(d) of the Act and rule 17d-1
thereunder.
Summary of Application: Applicants request an order to permit certain
registered closed-end management investment companies to issue multiple
classes of shares and to impose early withdrawal charges and asset-
based distribution and/or service fees.
Applicants: Cantor Fitzgerald Sustainable Infrastructure Fund and
Cantor Fitzgerald Investment Advisors, L.P.
Filing Dates: The application was filed on June 27, 2022, and amended
on October 6, 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 SEC'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
19, 2022, and should be accompanied by proof of service on 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 at
[email protected].
ADDRESSES: The Commission: [email protected]. Applicants:
Terrence Davis, Esq., [email protected].
FOR FURTHER INFORMATION CONTACT: Jennifer O. Palmer, 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' second amended
and restated application, dated October 6, 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, 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.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-25956 Filed 11-28-22; 8:45 am]
BILLING CODE 8011-01-P