Submission for OMB Review; Comment Request, 70878-70879 [2021-26855]

Download as PDF 70878 Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Notices 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 10:00 a.m. and 3:00 p.m. Copies of these filings also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number MEMX–2021–10 and should be submitted on or before January 3, 2022. Rebuttal comments should be submitted by January 18, 2022. pursuant to Section 19(b)(3)(A) of the Act.3 The proposed rule change was published for comment in the Federal Register on October 4, 2021.4 On November 22, 2021, the Commission temporarily suspended the proposed rule change and instituted proceedings under Section 19(b)(2)(B) of the Act 5 to determine whether to approve or disapprove the proposed rule change.6 On December 1, 2021, the Exchange withdrew the proposed rule change (SR–EMERALD–2021–29). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.43 J. Matthew DeLesDernier, Assistant Secretary. Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 20549–2736 [FR Doc. 2021–26857 Filed 12–10–21; 8:45 am] Extension: Rule 17Ad–13 BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–93736; File No. SR– EMERALD–2021–29] Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of Withdrawal of Proposed Rule Change To Amend the Exchange’s Fee Schedule To Adopt a Tiered-Pricing Structure for Certain Connectivity Fees khammond on DSKJM1Z7X2PROD with NOTICES December 7, 2021. On September 24, 2021, MIAX Emerald, LLC (‘‘MIAX Emerald’’ or ‘‘Exchange’’) 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 amend the Exchange’s Fee Schedule to adopt a tiered pricing structure for certain connectivity fees. The proposed rule change was immediately effective upon filing with the Commission 43 17 CFR 200.30–3(a)(57). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 VerDate Sep<11>2014 16:50 Dec 10, 2021 Jkt 256001 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.7 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2021–26862 Filed 12–10–21; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [SEC File No. 270–263, OMB Control No. 3235–0275] Submission for OMB Review; Comment Request 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’’) has submitted to the Office of Management and Budget (‘‘OMB’’) a request for approval of extension of the previously approved collection of information provided for in Rule 17Ad–13 (17 CFR 240.17Ad–13), under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). Rule 17Ad–13 requires certain registered transfer agents to file annually with the Commission and the transfer agent’s appropriate regulatory 3 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take effect upon filing with the Commission if it is designated by the exchange as ‘‘establishing or changing a due, fee, or other charge imposed by the self-regulatory organization on any person, whether or not the person is a member of the self-regulatory organization.’’ 15 U.S.C. 78s(b)(3)(A)(ii). 4 See Securities Exchange Act Release No. 93166 (September 28, 2021), 86 FR 54760. Comments received on the proposed rule change are available on the Commission’s website at: https:// www.sec.gov/comments/sr-emerald-2021-29/ sremerald202129.htm. 5 15 U.S.C. 78s(b)(2)(B). 6 See Securities Exchange Act Release No. 93644, 86 FR 67750 (November 29, 2021). 7 17 CFR 200.30–3(a)(12). PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 authority a report prepared by an independent accountant on the basis of a study and evaluation of the transfer agent’s system of internal accounting controls for the transfer of record ownership and the safeguarding of related securities and funds. If the independent accountant’s report specifies any material inadequacy in a transfer agent’s system, the rule requires the transfer agent to notify the Commission and its appropriate regulatory agency in writing, within sixty calendar days after the transfer agent receives the independent accountant’s report, of any corrective action taken or proposed to be taken by the transfer agent. In addition, Rule 17Ad–13 requires that transfer agents maintain the independent accountant’s report and any other documents required by the rule for at least three years, the first year in an easily accessible place. These recordkeeping requirements assist the Commission and other regulatory agencies with monitoring transfer agents and ensuring compliance with the rule. Small transfer agents and transfer agents that service only their own companies’ securities are exempt from Rule 17Ad–13. Approximately 100 professional independent transfer agents must file with the Commission one report prepared by an independent accountant pursuant to Rule 17Ad–13 each year. Commission staff estimates that, on average, the annual internal time burden for each transfer agent to submit the independent accountant’s report to the Commission is minimal or zero. The time required for an independent accountant to conduct the study and evaluation of a transfer agent’s system of internal accounting controls and complete the report varies depending on the size and nature of the transfer agent’s operations. Commission staff estimates that, on average, each Rule 17Ad–13 report can be completed by the independent accountant in 120 hours. In light of Commission staff’s review of previously filed Rule 17Ad–13 reports and Commission staff’s conversations with transfer agents and accountants, Commission staff estimates that 120 hours are needed to perform the study and prepare the report on an annual basis. Commission staff estimates that the average hourly rate of an independent accountant is $260, resulting in a total annual external cost burden of $31,200 for each of the approximately 100 professional independent transfer agents. The aggregate total annual external cost for the 100 respondents is approximately $3,120,000. E:\FR\FM\13DEN1.SGM 13DEN1 Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Notices The retention period for the recordkeeping requirement under Rule 17Ad–13 is three years following the date of a report prepared pursuant to the rule. The recordkeeping requirement under this rule is mandatory to assist the Commission and other regulatory agencies with monitoring transfer agents and ensuring compliance with the rule. This rule does not involve the collection of confidential information. 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. 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 to (i) www.reginfo.gov/public/do/ PRAMain and (ii) David Bottom, Director/Chief Information Officer, Securities and Exchange Commission, c/o John R. Pezzullo, 100 F Street NE, Washington, DC 20549, or by sending an email to: PRA_Mailbox@sec.gov. Dated: December 7, 2021. J. Matthew DeLesDernier, Assistant Secretary. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), permit consideration of the scheduled matters at the closed meeting. The subject matter of the closed meeting will consist of the following topics: Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings; Resolution of litigation claims; and Other matters relating to examinations and enforcement proceedings. At times, changes in Commission priorities require alterations in the scheduling of meeting agenda items that may consist of adjudicatory, examination, litigation, or regulatory matters. CONTACT PERSON FOR MORE INFORMATION: For further information; please contact Vanessa A. Countryman from the Office of the Secretary at (202) 551–5400. Authority: 5 U.S.C. 552b. Dated: December 9, 2021. Vanessa A. Countryman, Secretary. [FR Doc. 2021–26999 Filed 12–9–21; 11:15 am] BILLING CODE 8011–01–P [FR Doc. 2021–26855 Filed 12–10–21; 8:45 am] SECURITIES AND EXCHANGE COMMISSION BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–93729; File No. SR–Phlx– 2021–71] Sunshine Act Meetings 2:00 p.m. on Thursday, December 16, 2021. PLACE: The meeting will be held via remote means and/or at the Commission’s headquarters, 100 F Street NE, Washington, DC 20549. STATUS: This meeting will be closed to the public. MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters also may be present. In the event that the time, date, or location of this meeting changes, an announcement of the change, along with the new time, date, and/or place of the meeting will be posted on the Commission’s website at https:// www.sec.gov. khammond on DSKJM1Z7X2PROD with NOTICES TIME AND DATE: VerDate Sep<11>2014 16:50 Dec 10, 2021 Jkt 256001 Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange’s Affiliated Entity Program and Relocate Certain Rules December 7, 2021. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the ‘‘Act’’),2 and Rule 19b–4 thereunder,3 notice is hereby given that on December 1, 2021, Nasdaq PHLX LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to 1 15 U.S.C. 78s(b)(1). U.S.C. 78a. 3 17 CFR 240.19b–4. 2 15 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 70879 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 amend Phlx’s Pricing Schedule at Options 7, Section 1, General Provisions, and Section 2, Collection of Exchange Fees and Other Claims. While the changes proposed herein are effective upon filing, the Exchange has designated the amendments become operative on December 1, 2021. The text of the proposed rule change is available on the Exchange’s website at https://listingcenter.nasdaq.com/ rulebook/phlx/rules, 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 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 Phlx proposes to amend its Pricing Schedule at Options 7, Section 1, General Provisions. Specifically, Phlx proposes to amend the way it administers its Affiliated Entity program. The Exchange also proposes to relocate rule text within Options 7, Section 1 and Section 2, Collection of Exchange Fees and Other Claims. As a result of these rule text relocations, the Exchange also proposes to update citations within Options 7, Section 3, Rebates and Fees for Adding and Removing Liquidity in SPY; Options 7, Section 4, Multiply Listed Options Fees (Includes options overlying equities, ETFs, ETNs and indexes which are Multiply Listed) (Excludes SPY); Options 7, Section 6, Other Transaction Fees; and Options 7, Section 7, Routing Fees. Each change will be described below. E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Notices]
[Pages 70878-70879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26855]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-263, OMB Control No. 3235-0275]


Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 
20549-2736

Extension:
    Rule 17Ad-13

    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'') has submitted to the Office of Management 
and Budget (``OMB'') a request for approval of extension of the 
previously approved collection of information provided for in Rule 
17Ad-13 (17 CFR 240.17Ad-13), under the Securities Exchange Act of 1934 
(15 U.S.C. 78a et seq.).
    Rule 17Ad-13 requires certain registered transfer agents to file 
annually with the Commission and the transfer agent's appropriate 
regulatory authority a report prepared by an independent accountant on 
the basis of a study and evaluation of the transfer agent's system of 
internal accounting controls for the transfer of record ownership and 
the safeguarding of related securities and funds. If the independent 
accountant's report specifies any material inadequacy in a transfer 
agent's system, the rule requires the transfer agent to notify the 
Commission and its appropriate regulatory agency in writing, within 
sixty calendar days after the transfer agent receives the independent 
accountant's report, of any corrective action taken or proposed to be 
taken by the transfer agent. In addition, Rule 17Ad-13 requires that 
transfer agents maintain the independent accountant's report and any 
other documents required by the rule for at least three years, the 
first year in an easily accessible place. These recordkeeping 
requirements assist the Commission and other regulatory agencies with 
monitoring transfer agents and ensuring compliance with the rule. Small 
transfer agents and transfer agents that service only their own 
companies' securities are exempt from Rule 17Ad-13.
    Approximately 100 professional independent transfer agents must 
file with the Commission one report prepared by an independent 
accountant pursuant to Rule 17Ad-13 each year. Commission staff 
estimates that, on average, the annual internal time burden for each 
transfer agent to submit the independent accountant's report to the 
Commission is minimal or zero. The time required for an independent 
accountant to conduct the study and evaluation of a transfer agent's 
system of internal accounting controls and complete the report varies 
depending on the size and nature of the transfer agent's operations. 
Commission staff estimates that, on average, each Rule 17Ad-13 report 
can be completed by the independent accountant in 120 hours. In light 
of Commission staff's review of previously filed Rule 17Ad-13 reports 
and Commission staff's conversations with transfer agents and 
accountants, Commission staff estimates that 120 hours are needed to 
perform the study and prepare the report on an annual basis. Commission 
staff estimates that the average hourly rate of an independent 
accountant is $260, resulting in a total annual external cost burden of 
$31,200 for each of the approximately 100 professional independent 
transfer agents. The aggregate total annual external cost for the 100 
respondents is approximately $3,120,000.

[[Page 70879]]

    The retention period for the recordkeeping requirement under Rule 
17Ad-13 is three years following the date of a report prepared pursuant 
to the rule. The recordkeeping requirement under this rule is mandatory 
to assist the Commission and other regulatory agencies with monitoring 
transfer agents and ensuring compliance with the rule. This rule does 
not involve the collection of confidential information.
    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.
    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 
to (i) www.reginfo.gov/public/do/PRAMain and (ii) David Bottom, 
Director/Chief Information Officer, Securities and Exchange Commission, 
c/o John R. Pezzullo, 100 F Street NE, Washington, DC 20549, or by 
sending an email to: [email protected].

    Dated: December 7, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-26855 Filed 12-10-21; 8:45 am]
BILLING CODE 8011-01-P
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