30 Day Notice

Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices
Exchange believes this rule text will add
greater clarity to the ATR rule.

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Options 4A, Sections 6 and 12
The Exchange’s proposal to remove
the Russell Indexes from Options 4A,
Sections 6(a)(i), (iii) and 6(c), as well as
references within Options 4A, Section
12(a)(2) and Supplementary Material .01
and .03 of Options 4A, Section 12 does
not impose an undue burden on
competition because no Phlx member or
member organization would be able to
trade Russell Indexes.
The Exchange’s proposal to remove a
reference to the Reduced Value Nasdaq
100® Index or ‘‘MNX’’ within Options
4A, Section 12(a)(2)(I) does not impose
an undue burden on competition
because Phlx delisted MNX on April 7,
2017 42 and no member or member
organization may trade MNX.
The Exchange’s proposal to remove
the reference to ‘‘Reduced value long
term options, also known as LEAPS’’
does not impose an undue burden on
competition because all members and
member organizations may trade LEAPs
on certain reduced value index options
such as the Micro Index Long Term
Options Series pursuant to Options 4A,
Section 12(b)(2).
The Exchange’s proposal to modify
Options 4A, Section 12(a)(5) to XAU
from Options 4A, Section 12(a)(5) and
add it to proposed new Options 4A,
Section (a)(7), relating to American-style
exercise does not impose an undue
burden on competition because it would
reflect the indexes correct exercise style.
All Phlx members and member
organizations would be able to transact
XAU with an American-style exercise.
The Exchange’s proposal to list SOX
within proposed new Options 4A,
Section (a)(7) does not impose an undue
burden on competition because it would
reflect the indexes exercise style. All
Phlx members and member
organizations would be able to transact
SOX with an American-style exercise.
The Exchange’s proposal to amend
Options 4A, Section 12(e)(II) to remove
XAU from the list of a.m.-settled options
and add it to the list of p.m.-settled
indexes within Options 4A, Section
12(f) does not impose an undue burden
on competition because it would reflect
the indexes correct settlement style. All
Phlx members and member
organizations would be able to transact
XAU with a p.m.-settlement.
42 See Securities Exchange Act Release No. 80474
(April 17, 2017), 82 FR 18795 (April 21, 2017) (SR–
Phlx–2017–30).

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C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A)(iii) of the Act 43 and
subparagraph (f)(6) of Rule 19b–4
thereunder.44
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
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
to determine whether the proposed rule
should be approved or disapproved.
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:

45259

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
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–Phlx–2023–27 and should be
submitted on or before August 4, 2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.45
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–14911 Filed 7–13–23; 8:45 am]

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–
Phlx–2023–27 on the subject line.

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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–Phlx–2023–27. This file

Submission for OMB Review;
Comment Request; Extension: Form
N–PX

U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
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.

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SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–524, OMB Control No.
3235–0582]

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 et seq.) (‘‘Paperwork
Reduction Act’’), the Securities and
Exchange Commission (‘‘Commission’’)
45 17

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CFR 200.30–3(a)(12).

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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices

has submitted to the Office of
Management and Budget (‘‘OMB’’) a
request for extension of the previously
approved collection of information
discussed below.
On November 2, 2022, the
Commission adopted rule and form
amendments (‘‘Amendments’’) that
would enhance the information funds
report on Form N–PX and make that
information easier to analyze.1 The
Commission also adopted a new rule
that would require an institutional
investment manager subject to section
13(f) of the Securities Exchange Act of
1934 (‘‘Exchange Act’’) to report
annually on Form N–PX how it voted
proxies relating to executive
compensation matters, as required by
section 14A of the Exchange Act. The

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1 Enhanced Reporting of Proxy Votes by
Registered Management Investment Companies;
Reporting of Executive Compensation Votes by
Institutional Investment Managers, Investment
Company Release No. 34745 (November 2, 2022)
[87 FR 78770 (Dec. 22, 2022)] (‘‘Adopting Release’’).

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Amendments require funds (and, for
executive compensation matters,
institutional investment managers) to (i)
identify voting matters using language
from the issuer’s form of proxy (with
certain exceptions for issuers who are
not subject to the Commission’s proxy
rules) and categorize their votes from a
list of categories; (ii) disclose
quantitative information regarding the
number of votes cast (or instructed to be
cast) and the number of shares not voted
because they are out on loan; and (iii)
file reports in an XML structured data
language using a standardized format. In
addition, the Amendments included
changes to Forms N–1A, N–2, and N–3
that require funds, if they have a
website, to disclose that their proxy
voting records are publicly available on
or through their websites, free of charge,
and to make this information available
on or through its website as soon as
reasonably practicable after filing a
report on Form N–PX with the
Commission.

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The purpose of Form N–PX is to meet
the filing and disclosure requirements of
rules under the Act and also to enable
funds to provide investors with
information necessary to evaluate
overall patterns in the manager’s voting
behavior. This information collection is
primarily for the use and benefit of
investors. The information filed with
the Commission also permits the
verification of compliance with
securities law requirements and assures
the public availability and
dissemination of the information. Due to
the Amendments, Form N–PX will also
be used by institutional investment
managers to meet the filing and
disclosure requirements of section 14A
under the Exchange Act.
The table below summarizes our
estimates associated with the
amendments to Form N–PX that the
Amendments address:
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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices

The table above summarizes our PRA
initial and ongoing annual burden
estimates associated with Form N–PX,
as amended. In the aggregate, we
estimate the total annual burden to
comply with amended Form N–PX to be
380,741 hours, with an average external
cost of $36,141,445.
Compliance with Form N–PX is
mandatory. Responses to the collection
of information requirements will not be
kept confidential.
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

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costs of Commission rules and forms.
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.
The public may view background
documentation for this information
collection at the following website:
www.reginfo.gov. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this

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notice by August 14, 2023 to (i)
MBX.OMB.OIRA.SEC_desk_officer@
omb.eop.gov and (ii) David Bottom,
Director/Chief Information Officer,
Securities and Exchange Commission,
c/o John Pezzullo, 100 F Street NE,
Washington, DC 20549, or by sending an
email to: [email protected].
Dated: July 11, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–14998 Filed 7–13–23; 8:45 am]
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BILLING CODE 8011–01–C