60 Day Notice

Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Notices
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 September 25, 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_
Mailbox@sec.gov.
Dated: July 21, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–15827 Filed 7–25–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–824; OMB Control No.
3235–0500]

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Proposed Collection; Comment
Request; Extension: Rule 608
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 Rule 608 (17 CFR
242.608) 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.
Rule 608 specifies procedures for
filing or amending national market
system plans (‘‘NMS Plans’’). Self-

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regulatory organizations (‘‘SROs’’) filing
a new NMS Plan must submit the text
of the NMS Plan to the Commission,
along with a statement of purpose, and,
if applicable, specified supporting
materials that may include: (1) a copy of
all governing or constituent documents,
(2) a description of the manner in which
the NMS Plan, and any facility or
procedure contemplated by the NMS
Plan, will be implemented, (3) a listing
of all significant phases of development
and implementation contemplated by
the NMS Plan, including a projected
completion date for each phase, (4) an
analysis of the competitive impact of
implementing the NMS Plan, (5) a
description of any written agreements or
understandings between or among plan
participants or sponsors relating to
interpretations of the NMS Plan or
conditions for becoming a plan
participant or sponsor, and (6) a
description of the manner in which any
facility contemplated by the NMS Plan
shall be operated. Participants or
sponsors to the NMS Plan must ensure
that a current and complete version of
the NMS Plan is posted on a designated
website or a plan website after being
notified by the Commission that the
NMS Plan is effective. Each plan
participant or sponsor must also provide
a link on its own website to the current
website to the current version of the
NMS Plan.
The Commission estimates that the
creation and submission of a new NMS
Plan and any related materials would
result in an average aggregate burden of
approximately 850 hours per year (25
SROs × 34 hours = 850 hours). The
Commission further estimates an
average aggregate burden of
approximately 125 hours per year (25
SROs × 5 hours = 125 hours), for each
of the SROs to keep a current and
complete version of the NMS Plan
posted on a designated website or a plan
website, and to provide a link to the
current version of the NMS Plan on its
own website. In addition, the
Commission estimates that the creation
of a new NMS Plan and any related
materials would result in an average
aggregate cost of approximately
$150,000 per year (25 SROs × $6,000 =
$150,000).
SROs proposing to amend an existing
NMS Plan must submit the text of the
amendment to the Commission, along
with a statement of purpose, and, if
applicable, the supporting materials
described above, as well as a statement
that the amendment has been approved
by the plan participants or sponsors in
accordance with the terms of the NMS
Plan. Participants or sponsors to the
NMS Plan must ensure that any

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proposed amendments are posted to a
designated website or a plan website
after filing the amendments with the
Commission and that those websites are
updated to reflect the current status of
the amendment and the NMS Plan. Each
plan participant or sponsor must also
provide a link on its own website to the
current version of the NMS Plan. The
Commission estimates that the creation
and submission of NMS Plan
amendments and any related materials
would result in an average aggregate
burden of approximately 11,050 hours
per year (25 SROs × 442 hours = 11,050
hours). The Commission further
estimates an average aggregate burden of
approximately 124 hours per year (25
SROs × 4.94 hours = 123.5 hours
rounded up to 124) for SROs to post any
pending NMS Plan amendments to a
designated website or a plan website
and to update such websites to reflect
the current status of the amendment and
the NMS Plan. In addition, the
Commission estimates that the creation
of an NMS Plan amendment and any
related materials would result in an
average aggregate cost of approximately
$325,000 per year (25 SROs × $13,000
= $325,000).
Finally, to the extent that a plan
processor is required for any facility
contemplated by a NMS Plan, the plan
participants or sponsors must file with
the Commission a statement identifying
the plan processor selected, describing
the material terms under which the plan
processor is to serve, and indicating the
solicitation efforts, if any, for alternative
plan processors, the alternatives
considered, and the reasons for the
selection of the plan processor. The
Commission estimates that the
preparation and materials related to the
selection of a plan processor would
result in an average aggregate burden of
approximately 283 hours per year (25
SROs × 11.33 hours = 283.33 rounded
down to 233). In addition, the
Commission estimates that the
preparation and submission of materials
related to the selection of a plan
processor would result in an average
aggregate cost of approximately $8,333
per year (25 SROs × $333.33 = $8,333.33
rounded down to $8,333).
The above estimates result in a total
annual industry burden of
approximately 12,432 hours (850 + 125
+ 11,050 + 124 + 283) and a total annual
industry cost of approximately $483,333
($150,000 + $325,000 + $8,333).
Compliance with Rule 608 is
mandatory. The text of the NMS Plans
and any amendments will not be
confidential but published on a
designated website or a plan website. To
the extent that Rule 608 requires the

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48278

Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Notices

SROs to submit confidential information
to the Commission, that information
will be kept confidential subject to the
provisions of applicable law.1 The SROs
are required by law to retain the records
and information that are collected
pursuant to Rule 608 for a period of not
less than 5 years, the first 2 years in an
easily accessible place.2 Rule 608 does
not affect this existing requirement.
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
September 25, 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_
Mailbox@sec.gov.
Dated: July 21, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–15828 Filed 7–25–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–422, OMB Control No.
3235–0471]

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Proposed Collection; Comment
Request; Extension: Rule 15c1–5
Upon Written Request, Copies Available
From: U.S. 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
1 See, e.g., 5 U.S.C. 552 et seq.; 15 U.S.C. 78x
(governing the public availability of information
obtained by the Commission).
2 See 17 CFR 240.17a–1(b).

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Securities and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the existing collection of information
provided for in Rule 15c1–5 (17 CFR
240.15c1–5) 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.
Rule 15c1–5 states that any brokerdealer controlled by, controlling, or
under common control with the issuer
of a security that the broker-dealer is
trying to sell to or buy from a customer
must give the customer written
notification disclosing the control
relationship at or before completion of
the transaction. The Commission
estimates that 175 respondents provide
notifications annually under Rule 15c1–
5 and that each respondent would
spend approximately 10 hours per year
complying with the requirements of the
rule for a total burden of approximately
1,750 hours per year. There is no
retention period requirement under
Rule 15c1–5. This Rule does not involve
the collection of confidential
information.
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
September 25, 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_
Mailbox@sec.gov.
Dated: July 20, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–15762 Filed 7–25–23; 8:45 am]
BILLING CODE 8011–01–P

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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–97956; File No. SR–CBOE–
2023–005]

Self-Regulatory Organizations; Cboe
Exchange, Inc.; Notice of Designation
of a Longer Period for Commission
Action on Proceedings To Determine
Whether To Approve or Disapprove a
Proposed Rule Change, as Modified by
Amendment No. 1, To Make Permanent
the Operation of the Program That
Allows the Exchange to List P.M.Settled Third Friday-of-the-Month S&P
500 Stock Index Options (‘‘SPX’’)
Series
July 20, 2023.

On January 6, 2023, Cboe Exchange,
Inc. (‘‘Exchange’’ or ‘‘Cboe Options’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change to make permanent the
operation of its pilot program
(‘‘Program’’) that permits the Exchange
to list p.m.-settled third Friday-of-themonth SPX options (‘‘SPXPM’’). The
proposed rule change was published for
comment in the Federal Register on
January 24, 2023.3
On March 7, 2023, 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 On March 17,
2023, the Exchange filed Amendment
No. 1 to the proposed rule change
(‘‘Amendment No. 1’’).6 On April 24,
2023, the Commission instituted
proceedings to determine whether to
approve or disapprove the proposed
rule change and published Amendment
No. 1 for notice and comment.7
Section 19(b)(2) of the Exchange Act 8
provides that, after initiating
proceedings, the Commission shall issue
an order approving or disapproving the
proposed rule change not later than 180
days after the date of publication of
1 15

U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 96703
(January 18, 2023), 88 FR 4265.
4 15 U.S.C. 78s(b)(2).
5 See Securities Exchange Act Release No. 97063,
88 FR 15476 (March 13, 2023).
6 Amendment No. 1 is available at: https://
www.sec.gov/comments/sr-cboe-2023-005/
srcboe2023005.htm.
7 See Securities Exchange Act Release No. 97367
(April 24, 2023), 88 FR 26366 (April 28, 2023).
8 15 U.S.C. 78s(b)(2).
2 17

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