Submission for OMB Review; Comment Request; Extension: Form N-PX, 45259-45262 [2023-14998]

Download as PDF Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices Exchange believes this rule text will add greater clarity to the ATR rule. lotter on DSK11XQN23PROD with NOTICES1 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). VerDate Sep<11>2014 17:54 Jul 13, 2023 Jkt 259001 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. BILLING CODE 8011–01–P 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. PO 00000 43 15 44 17 Frm 00132 Fmt 4703 Sfmt 4703 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 E:\FR\FM\14JYN1.SGM CFR 200.30–3(a)(12). 14JYN1 45260 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 lotter on DSK11XQN23PROD with NOTICES1 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’’). VerDate Sep<11>2014 17:54 Jul 13, 2023 Jkt 259001 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. PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 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: BILLING CODE 8011–01–P E:\FR\FM\14JYN1.SGM 14JYN1 VerDate Sep<11>2014 17:54 Jul 13, 2023 Jkt 259001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4725 E:\FR\FM\14JYN1.SGM 14JYN1 45261 EN14JY23.008</GPH> lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices 45262 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 VerDate Sep<11>2014 18:53 Jul 13, 2023 Jkt 259001 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 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 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: PRA_Mailbox@sec.gov. Dated: July 11, 2023. Sherry R. Haywood, Assistant Secretary. [FR Doc. 2023–14998 Filed 7–13–23; 8:45 am] BILLING CODE 8011–01–P E:\FR\FM\14JYN1.SGM 14JYN1 EN14JY23.009</GPH> lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 8011–01–C

Agencies

[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Pages 45259-45262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14998]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-524, OMB Control No. 3235-0582]


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

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'')

[[Page 45260]]

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 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.
---------------------------------------------------------------------------

    \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'').
---------------------------------------------------------------------------

    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:
BILLING CODE 8011-01-P

[[Page 45261]]

[GRAPHIC] [TIFF OMITTED] TN14JY23.008


[[Page 45262]]


[GRAPHIC] [TIFF OMITTED] TN14JY23.009

BILLING CODE 8011-01-C
    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 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 notice 
by August 14, 2023 to (i) [email protected] 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]
BILLING CODE 8011-01-P
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