60 Day Notice

3235-0774.pdf

Amendments to the National Market System Plan Governing the Consolidated Audit Trail

60 Day Notice

OMB: 3235-0774

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Federal Register / Vol. 88, No. 91 / Thursday, May 11, 2023 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–818, OMB Control No.
3235–0774]

Proposed Collection; Comment
Request; Extension: Amendments to
the National Market System Plan
Governing the Consolidated Audit Trail

ddrumheller on DSK120RN23PROD with NOTICES1

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
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the existing collection of information
provided for in connection with
amendments 1 adopted pursuant to the
statutory authority provided by the
Securities Exchange Act of 1934, 2
including sections 11A(a)(3)(B),3 17(a),4
19(b),5 and 23(a) 6 thereof, and pursuant
to Rule 608(a)(2) and (b)(2),7 to a
National Market System (NMS) Plan
filed with the Commission under Rule
613 (17 CFR 242.613), under the
Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.). The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget (‘‘OMB’’) for
extension and approval.
The amendments, as adopted,
required two new collections of
information:
a. Implementation Plan. The
amendments require the Participants,
within 30 calendar days following the
effective date of the amendments, to
prepare, file with the Commission, and
make publicly available on a website a
complete CAT implementation plan
(‘‘Implementation Plan’’) that includes a
detailed timeline for achieving various
implementation milestones.
b. Quarterly Progress Reports. The
amendments require the Participants,
within 30 calendar days after the end of
each calendar quarter, to prepare, file
with the Commission, and make
publicly available on a website a
complete report (the ‘‘Quarterly Progress
Report’’) that provides a detailed and
up-to-date description of the progress
made by the Participants toward each of
1 See

Securities Exchange Act Release No. 88890
(May 15, 2020), 85 FR 31322 (May 22, 2020) (File
No. S7–13–19) (‘‘Adopting Release’’).
2 See 15 U.S.C. 78a et seq.
3 See 15 U.S.C. 78k–1(a)(3)(B).
4 See 15 U.S.C. 78q(a).
5 See 15 U.S.C. 78s(b).
6 See 15 U.S.C. 78w(a).
7 See 17 CFR 242.608(a)(2), (b)(2).

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17:07 May 10, 2023

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the milestones identified in the
Implementation Plan.
The one-time information collection
associated with the Implementation
Plan was completed by the Participants,
so there will be no further burdens
associated with the Implementation
Plan. The Quarterly Progress Report
information collection continues.
There are currently 25 Participants
who must complete four Quarterly
Progress Reports per year. The
Commission staff estimates that, on the
average, most Quarterly Progress
Reports require approximately 72 hours
per Participant, and cost approximately
$8,000 per Participant. The Commission
staff estimates Participants spend a total
of approximately 7,200 hours per year
(25 × 4 × 72) and $800,000 per year (25
× 4 × $8,000) complying with the rule.
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
estimates of the burden of the proposed
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
July 10, 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_
[email protected].

30361

Proposed Collection; Comment
Request; Extension: Rule 30e–1

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.) (‘‘Paperwork
Reduction Act’’), the Securities and
Exchange Commission (the
‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget (‘‘OMB’’) for
extension and approval.
Rule 30e–1 (17 CFR 270.30e–1) under
the Investment Company Act of 1940
(15 U.S.C. 80a–1 et seq.) (‘‘Investment
Company Act’’) generally requires a
registered investment company (‘‘fund’’)
to transmit to its shareholders, at least
semi-annually, reports containing the
information that is required to be
included in such reports by the fund’s
registration statement form under the
Investment Company Act. The purpose
of the collection of information required
by rule 30e–1 is to provide fund
shareholders with current information
about the operation of their funds in
accordance with Section 30 of the
Investment Company Act.
Approximately 11,840 funds, respond
to rule 30e–1 annually.1 We estimate
that it takes approximately 147 hours to
comply with the collection of
information associated with rule 30e–1
per fund. This time is spent, for
example, preparing, reviewing, and
certifying the reports, as well as the
website availability requirements and
delivery of shareholder reports upon
request requirements. Accordingly, we
calculate the total estimated annual
internal burden of responding to rule
30e–1 to be approximately 1,738,428
hours (146.8 hours × 11,840 funds). In
addition to the burden hours, we
estimate that the total cost burden of
compliance with the information
collection requirements of rule 30e–1 is
approximately $13,105 per fund. This
includes, for example, the cost of goods
and services purchased to prepare,
comply with website availability
requirements, and deliver reports upon
request under the amendments to rule
30e–1, such as for the services of
independent auditors and outside
counsel. Accordingly, we calculate the
total external cost burden associated
with rule 30e–1 to be approximately
$155,164,791.
Estimates of average burden hours are
made solely for the purposes of the
Paperwork Reduction Act and are not

Upon Written Request, Copies Available
From: Securities and Exchange

1 Includes all open-end funds, including ETFs,
registered on Form N–1A.

Dated: May 5, 2023.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023–09997 Filed 5–10–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–21, OMB Control No.
3235–0025]

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30362

Federal Register / Vol. 88, No. 91 / Thursday, May 11, 2023 / Notices

derived from a comprehensive or even
representative survey or study of the
costs of Commission rules and forms.
The collection of information under rule
30e–1 is mandatory. The information
provided under rule 30e–1 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 OMB control number.
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 July 10, 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_
[email protected].
Dated: May 5, 2023.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023–10000 Filed 5–10–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION

ddrumheller on DSK120RN23PROD with NOTICES1

[Release No. 34–97442; File No. SR–
CboeBZX–2023–034]

Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Extend the
Pilot Programs in Connection With the
Listing and Trading of P.M.-Settled
Series on Certain Broad-Based Index
Options
May 5, 2023.

2 17

U.S.C. 78s(b)(1).
CFR 240.19b–4.

VerDate Sep<11>2014

I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX Options’’)
proposes to extend the pilot programs in
connection with the listing and trading
of P.M.-settled series on certain broadbased index options. The text of the
proposed rule change is provided in
Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (http://markets.cboe.com/us/
equities/regulation/rule_filings/bzx/), at
the Exchange’s Office of the Secretary,
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
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The proposed rule change extends the
listing and trading of P.M.-settled series
on certain broad-based index options on
a pilot basis.5 Rule 29.11(a)(6) currently
3 15

Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
1 15

notice is hereby given that on May 2,
2023, Cboe BZX Exchange, Inc.
(‘‘Exchange’’ or ‘‘BZX’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Exchange filed the
proposal as a ‘‘non-controversial’’
proposed rule change pursuant to
section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(6) thereunder.4 The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.

17:07 May 10, 2023

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U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
5 The Exchange is authorized to list for trading
options that overlie the Mini-SPX Index (‘‘XSP’’)
and the Russell 2000 Index (‘‘RUT’’). See Rule
29.11(a). See also Securities Exchange Act Release
Nos. 84480 (October 24, 2018), 83 FR 54635
(October 30, 2018) (Notice of Filing of a Proposed
4 17

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permits the listing and trading of XSP
options with third-Friday-of-the-month
expiration dates, whose exercise
settlement value will be based on the
closing index value on the expiration
day (‘‘P.M.-settled’’) on a pilot basis set
to expire on May 8, 2023 (the ‘‘XSPPM
Pilot Program’’). Rule 29.11(j)(3) also
permits the listing and trading of P.M.settled options on broad-based indexes
with weekly expirations (‘‘Weeklys’’)
and end-of-month expirations (‘‘EOMs’’)
on a pilot basis set to expire on May 8,
2023 (the ‘‘Nonstandard Expirations
Pilot Program’’, and together with the
XSPPM Pilot Program, the ‘‘Pilot
Programs’’). The Exchange proposes to
extend the Pilot Programs through
November 6, 2023.
XSPPM Pilot Program
Rule 29.11(a)(6) permits the listing
and trading, in addition to A.M.-settled
XSP options, of P.M.-settled XSP
options with third-Friday-of-the-month
expiration dates on a pilot basis. The
Exchange believes that continuing to
Rule Change To Permit the Listing and Trading of
P.M.-Settled Series on Certain Broad-Based Index
Options on a Pilot Basis) (SR–CboeBZX–2018–066)
(‘‘Notice’’); 85181 (February 22, 2019), 84 FR 6842
(February 28, 2019) (Notice of Deemed Approval of
a Proposed Rule Change To Permit the Listing and
Trading of P.M.-Settled Series on Certain BroadBased Index Options on a Pilot Basis) (SR–
CboeBZX–2018–066); 88052 (January 27, 2020), 85
FR 5753 (January 31, 2020) (Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change
To Extend the Pilot Programs in Connection With
the Listing and Trading of P.M.-Settled Series on
Certain Broad-Based Index Options) (SR–CboeBZX–
2020–004); 88788 (April 30, 2020), 85 FR 27008
(May 6, 2020) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change To Extend
the Pilot Programs in Connection With the Listing
and Trading of P.M.-Settled Series on Certain
Broad-Based Index Options) (SR–CboeBZX–2020–
038); and 90255 (October 22, 2020), 85 FR 68378
(October 28, 2020) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change To Extend
the Pilot Programs in Connection With the Listing
and Trading of P.M.-Settled Series on Certain
Broad-Based Index Options) (SR–CboeBZX–2020–
076); 91699 (April 28, 2021), 86 FR 23767 (May 4,
2021) (Notice of Filing and Immediate Effectiveness
of a Proposed Rule Change To Extend the Pilot
Programs in Connection With the Listing and
Trading of P.M.-Settled Series on Certain BroadBased Index Options) (SR–CboeBZX–2021–031);
93454 (October 28, 2021), 86 FR 60727 (November
3, 2021) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change To Extend
the Pilot Programs in Connection With the Listing
and Trading of P.M.-Settled Series on Certain
Broad-Based Index Options) (SR–CboeBZX–2021–
072); 94802 (April 27, 2022), 87 FR 26240 (May 3,
2022) (Notice of Filing and Immediate Effectiveness
of a Proposed Rule Change To Extend the Pilot
Programs in Connection With the Listing and
Trading of P.M.-Settled Series on Certain BroadBased Index Options) (SR–CboeBZX–2022–029);
and 96208 (November 2, 2022), 87 FR 67524
(November 8, 2022) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change To Extend
the Pilot Programs in Connection With the Listing
and Trading of P.M.-Settled Series on Certain
Broad-Based Index Options) (SR–CboeBZX–2022–
052).

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