T. Rowe Price OHA Flexible Credit Income Fund and OHA Private Credit Advisors II, L.P., 78387-78388 [2024-21855]
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Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Notices
proposed fees neither favor nor penalize
one or more categories of market
participants in a manner that would
impose an undue market on
competition. As shown above, to the
extent that particular proposed fees
apply to only a subset of subscribers
(e.g., Category 2 fees apply only to those
making non-display use on behalf of
clients; late fees apply only to customers
who fail to timely submit their
declarations), those distinctions are not
unfairly discriminatory and do not
unfairly burden one set of customers
over another. To the contrary, by
tailoring the proposed fees in this
manner, the Exchange believes that it
has eliminated the potential burden on
competition that might result from
unfairly asking subscribers to pay fees
for services they did not use, or late fees
they did not actually incur.
Intermarket Competition. The
Exchange believes that the proposed
fees do not impose a burden on
competition or on other SROs that is not
necessary or appropriate. In setting the
proposed fees, the Exchange is
constrained by the availability of
substitute partial depth of book market
data products and by the fact that if its
pricing is unattractive, customers will
have their pick of alternative partial
depth of book market data products to
purchase instead of purchasing the
Exchange’s products.
Specifically, the Exchange believes
that the proposed fees do not impose a
burden on competition or on other
exchanges that is not necessary or
appropriate because of the availability
of substitute partial depth of book
market data products. Many other
exchanges offer proprietary data feeds
like the NYSE Arca Agg Lite data feed,
supplying partial depth of book order
data, security status updates, stock
summary messages, and the exchange’s
best bid and offer at any given time, on
a real-time basis. Because market data
users can find suitable substitute feeds,
an exchange that overprices its market
data products stands a high risk that
users may purchase another market’s
market data product. These competitive
pressures ensure that no one exchange’s
market data fees can impose an
unnecessary burden on competition,
and the Exchange’s proposed fees do not
do so here.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
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III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 44 of the Act and
subparagraph (f)(2) of Rule 19b–4 45
thereunder, because it establishes a due,
fee, or other charge imposed by the
Exchange.
At any time within 60 days of the
filing of such 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
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 46 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
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
a.m. and 3 p.m. Copies of the filing also
will be available for inspection and
copying at the principal office of the
Exchange. Do not include personal
identifiable information in submissions;
you should submit only information
that you wish to make available
publicly. We may redact in part or
withhold entirely from publication
submitted material that is obscene or
subject to copyright protection. All
submissions should refer to file number
SR–NYSEARCA–2024–75 and should be
submitted on or before October 16,
2024.
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.47
Sherry R. Haywood,
Assistant Secretary.
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–
NYSEARCA–2024–75 on the subject
line.
SECURITIES AND EXCHANGE
COMMISSION
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–NYSEARCA–2024–75. 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
44 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
46 15 U.S.C. 78s(b)(2)(B).
[FR Doc. 2024–21881 Filed 9–24–24; 8:45 am]
BILLING CODE 8011–01–P
[Investment Company Act Release No.
35327; 812–15598]
T. Rowe Price OHA Flexible Credit
Income Fund and OHA Private Credit
Advisors II, L.P.
September 19, 2024.
Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’).
AGENCY:
ACTION:
Notice.
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) of the
Act, under sections 6(c) and 23(c) of the
Act for an exemption from rule 23c–3
under the Act, and for an order pursuant
to section 17(d) of the Act and rule 17d–
1 under the Act.
Applicants
request an order to permit certain
registered closed-end investment
companies to issue multiple classes of
shares and to impose asset-based
distribution and/or service fees and
early withdrawal charges.
SUMMARY OF APPLICATION:
45 17
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CFR 200.30–3(a)(12).
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Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Notices
T. Rowe Price OHA
Flexible Credit Income Fund and OHA
Private Credit Advisors II, L.P.
APPLICANTS:
The application was filed
on July 2, 2024, and amended on July
10, 2024, and August 26, 2024.
FILING DATES:
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 October 14, 2024, 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.
For the Commission, by the Division of
Investment Management, under delegated
authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–21855 Filed 9–24–24; 8:45 am]
BILLING CODE 8011–01–P
HEARING OR NOTIFICATION OF HEARING:
The Commission:
Secretarys-Office@sec.gov. Applicants:
Gregory S. Rubin, Esq., OHA Private
Credit Advisors II, L.P., 1 Vanderbilt
Avenue, 16th Floor, New York, NY
10017, with copies to Richard Horowitz,
Esq., Dechert LLP, 1095 Avenue of the
Americas New York, New York 10036,
and Kaitlin McGrath, Esq., Dechert LLP,
1095 Avenue of the Americas New
York, New York 10036.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Trace W. Rakestraw, Senior Special
Counsel, at (202) 551–6825 (Division of
Investment Management, Chief
Counsel’s Office).
For
Applicants’ representations, legal
analysis, and conditions, please refer to
Applicants’ application, dated August
26, 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 Public Reference
Room at (202) 551–8090.
ddrumheller on DSK120RN23PROD with NOTICES1
SUPPLEMENTARY INFORMATION:
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–101107; File No. SR–NYSE–
2024–54]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Establish
Fees for the NYSE Aggregated Lite
Data Feed
September 19, 2024.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on
September 6, 2024, New York Stock
Exchange LLC (‘‘NYSE’’ or the
‘‘Exchange’’) filed with the Securities
and Exchange Commission (the
‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the self-regulatory organization. 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 establish
fees for the NYSE Aggregated Lite data
feed. The proposed rule change is
available on the Exchange’s website at
www.nyse.com, 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
self-regulatory organization 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 those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend the
NYSE Proprietary Market Data Fees
Schedule (‘‘Fee Schedule’’) and
establish fees for the NYSE Aggregated
Lite (‘‘NYSE Agg Lite’’) data feed,4
effective September 6, 2024.5
In summary, the NYSE Agg Lite is a
NYSE-only frequency-based depth of
book market data feed of the NYSE’s
limit order book for up to ten (10) price
levels on both the bid and offer sides of
the order book for securities traded on
the Exchange and for which the
Exchange reports quotes and trades
under the Consolidated Tape
Association (‘‘CTA’’) Plan or the
Nasdaq/UTP Plan. The NYSE Agg Lite
is a compilation of limit order data that
the Exchange provides to vendors and
subscribers. The NYSE Agg Lite
includes partial depth of book order
data as well as security status messages.
The security status message informs
subscribers of changes in the status of a
specific security, such as trading halts,
short sale restriction, etc. In addition,
the NYSE Agg Lite includes order
imbalance information prior to the
opening and closing of trading.
Background
The Exchange operates in a highly
competitive market. The Commission
has repeatedly expressed its preference
for competition over regulatory
intervention in determining prices,
products, and services in the securities
markets. In Regulation NMS, the
Commission highlighted the importance
of market forces in determining prices
and SRO revenues and, also, recognized
that current regulation of the market
system ‘‘has been remarkably successful
in promoting market competition in its
broader forms that are most important to
investors and listed companies.’’ 6
4 The proposed rule change establishing the
NYSE Agg Lite data feed was immediately effective
on February 27, 2024. See Securities Exchange Act
Release No. 99689 (March 7, 2024), 89 FR 18466
(March 13, 2024) (SR–NYSE–2024–12) (Notice of
Filing and Immediate Effectiveness of Proposed
Rule Change To Establish the NYSE Aggregated Lite
Market Data Feed).
5 The Exchange originally filed to amend the Fee
Schedule on May 13, 2024 (SR–NYSE–2024–29).
On July 11, 2024, the Exchange withdrew SR–
NYSE–2024–29 and replaced it with SR–NYSE–
2024–38. On September 6, 2024, the Exchange
withdrew SR–NYSE–2024–38 and replaced it with
this filing.
6 See Securities Exchange Act Release No. 51808
(June 9, 2005), 70 FR 37496, 37499 (June 29, 2005)
(File No. S7–10–04) (Final Rule) (‘‘Regulation
NMS’’).
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[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Notices]
[Pages 78387-78388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21855]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Investment Company Act Release No. 35327; 812-15598]
T. Rowe Price OHA Flexible Credit Income Fund and OHA Private
Credit Advisors II, L.P.
September 19, 2024.
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 (the ``Act'') for an exemption from sections
18(a)(2), 18(c) and 18(i) of the Act, under sections 6(c) and 23(c) of
the Act for an exemption from rule 23c-3 under the Act, and for an
order pursuant to section 17(d) of the Act and rule 17d-1 under the
Act.
Summary of Application: Applicants request an order to permit certain
registered closed-end investment companies to issue multiple classes of
shares and to impose asset-based distribution and/or service fees and
early withdrawal charges.
[[Page 78388]]
Applicants: T. Rowe Price OHA Flexible Credit Income Fund and OHA
Private Credit Advisors II, L.P.
Filing Dates: The application was filed on July 2, 2024, and amended on
July 10, 2024, and August 26, 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 [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 October
14, 2024, 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: [email protected]. Applicants:
Gregory S. Rubin, Esq., OHA Private Credit Advisors II, L.P., 1
Vanderbilt Avenue, 16th Floor, New York, NY 10017, with copies to
Richard Horowitz, Esq., Dechert LLP, 1095 Avenue of the Americas New
York, New York 10036, and Kaitlin McGrath, Esq., Dechert LLP, 1095
Avenue of the Americas New York, New York 10036.
FOR FURTHER INFORMATION CONTACT: Trace W. Rakestraw, Senior Special
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' application,
dated August 26, 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 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. 2024-21855 Filed 9-24-24; 8:45 am]
BILLING CODE 8011-01-P
