Submission for OMB Review; Comment Request: Extension: Rule 17a-14 and Form CRS, 4251-4252 [2023-01254]

Download as PDF Federal Register / Vol. 88, No. 15 / Tuesday, January 24, 2023 / Notices on other cash equity exchanges. The Exchange also believes that, to the extent the proposed change would increase opportunities for order execution, the proposed change would promote competition by making the Exchange a more attractive venue for order flow and enhancing market quality for all market participants. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. 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 12 and subparagraph (f)(6) of Rule 19b–4 thereunder.13 A proposed rule change filed under Rule 19b–4(f)(6) 14 normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b–4(f)(6)(iii),15 the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay to allow the Exchange to implement the proposal as soon as possible. The Exchange states that the proposed change would align the Exchange’s treatment of MPL–IOC Orders with treatment of similar order types on other cash equity exchanges and allow the Exchange to accept MPL– IOC Orders of any size as soon as the technology associated with the proposed change is available, which is anticipated to be less than 30 days from the date of this filing. The Commission believes that waiver of the 30-day operative delay is consistent with the 12 15 U.S.C. 78s(b)(3)(A)(iii). CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6) requires the Exchange to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of 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. 14 17 CFR 240.19b–4(f)(6). 15 17 CFR 240.19b–4(f)(6)(iii). tkelley on DSK125TN23PROD with NOTICES 13 17 VerDate Sep<11>2014 19:17 Jan 23, 2023 Jkt 259001 4251 protection of investors and the public interest because the proposal does not raise any new or novel issues. Accordingly, the Commission hereby waives the 30-day operative delay and designates the proposal operative upon filing.16 At any time within 60 days of the filing of such 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. 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 the filing 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 SR–NYSENAT–2023–02 and should be submitted on or before February 14, 2023. IV. Solicitation of Comments For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.17 Sherry R. Haywood, Assistant Secretary. 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: 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– NYSENAT–2023–02 on the subject line. 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–NYSENAT–2023–02. This file 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 16 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 [FR Doc. 2023–01272 Filed 1–23–23; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [SEC File No. 270–809, OMB Control No. 3235–0766] Submission for OMB Review; Comment Request: Extension: Rule 17a–14 and Form CRS 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’’) 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 17a–14 [17 CFR 240.17a–14] and Form CRS [17 CFR 249.640], under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). Rule 17a–14 and Form CRS require a broker-dealer that offers services to retail investors to prepare and file with the Commission through WebCRD, post to the broker-dealer’s website (if it has one), and deliver to retail investors a relationship summary. The relationship summary can assist retail investors in making an informed choice about whether to hire or retain a broker-dealer, 17 17 E:\FR\FM\24JAN1.SGM CFR 200.30–3(a)(12). 24JAN1 tkelley on DSK125TN23PROD with NOTICES 4252 Federal Register / Vol. 88, No. 15 / Tuesday, January 24, 2023 / Notices as well as what types of accounts and services are appropriate for their needs. The information that must be collected pursuant to Rule 17a–14 and Form CRS is necessary to provide broker-dealer retail customers, prospective retail customers, and the Commission with information about the relationships and services the firm offers to retail investors, fees and costs that the retail investor will pay, specific conflicts of interest and standards of conduct, legal or disciplinary history, and how to obtain additional information about the firm. The Commission uses the information to manage its regulatory and examination programs. Clients can use the information required in the relationship summary to determine whether to hire or retain a broker-dealer, as well as what types of accounts and services are appropriate for their needs. The information will therefore help establish a framework that protects investors and promotes efficiency, competition, and capital formation. The aggregate annual hour burden for all respondents to comply with the information collection requirements of Rule 17a–14 and Form CRS is estimated to be approximately 6,098,916 hours per year. Under Rule 17a–14 and Form CRS, respondents will also incur cost burdens. The aggregate annual cost burden for all respondents is estimated to be approximately $181,194 per year. 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 by February 23, 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: January 18, 2023. Sherry R. Haywood, Assistant Secretary. [FR Doc. 2023–01254 Filed 1–23–23; 8:45 am] BILLING CODE 8011–01–P VerDate Sep<11>2014 19:17 Jan 23, 2023 Jkt 259001 SECURITIES AND EXCHANGE COMMISSION [SEC File No. 270–817, OMB Control No. 3235–0771] Submission for OMB Review; Comment Request; Extension: Rule 3a71–3(d) 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’’) 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 3a71–3(d), (17 CFR 240.3a71–3(d)), under the Securities Exchange Act of 1934 (‘‘Exchange Act’’) (15 U.S.C. 78a et seq.). Rule 3a71–3 under the Exchange Act provides in part that, for purposes of determining whether they can avail themselves of the de minimis exception to the ‘‘security-based swap dealer’’ definition, non-U.S. persons must count certain dealing transactions with nonU.S. counterparties that have been ‘‘arranged, negotiated, or executed’’ by personnel in the United States. Rule 3a71–3(d) provides an exception from that ‘‘arranged, negotiated, or executed’’ counting requirement. The Commission estimates that up to 24 entities may seek to rely on the exception to the de minimis counting requirement of Rule 3a71–3. In connection with the conditions to the exception, each of those up to 24 entities would make use of an affiliated registered security-based swap dealer or registered broker. In general, the registered entity would be required to comply with the collections of information. Applications for ‘‘listed jurisdiction’’ status may be submitted by the up to 24 relying entities, but the staff believes that the greater portion of such applications will be submitted by foreign financial authorities. The Commission estimates that the total annual time burden for Rule 3a71– 3(d), for all respondents, is approximately 235,243 hours per year. In addition, the Commission estimates that the total annual cost burden for Rule 3a71–3(d), for all respondents, is approximately $1,242,595 per year. A detailed break-down of the burdens is provided in the supporting statement. An agency may not conduct or sponsor, and a person is not required to PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 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 by February 23, 2023 to (i) www.reginfo.gov/public/do/PRAMain 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: January 18, 2023. Sherry R. Haywood, Assistant Secretary. [FR Doc. 2023–01250 Filed 1–23–23; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–96701; File No. SR–NYSE– 2023–03] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Rule 7.31 January 18, 2023. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on January 4, 2023, New York Stock Exchange LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to 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 modify Rule 7.31 regarding MPL–IOC Orders. The proposed rule change is available on the Exchange’s website at www.nyse.com, at the principal office of the Exchange, and at the Commission’s Public Reference Room. 1 15 2 17 E:\FR\FM\24JAN1.SGM U.S.C. 78s(b)(1). CFR 240.19b–4. 24JAN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Pages 4251-4252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01254]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-809, OMB Control No. 3235-0766]


Submission for OMB Review; Comment Request: Extension: Rule 17a-
14 and Form CRS

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'') 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 17a-
14 [17 CFR 240.17a-14] and Form CRS [17 CFR 249.640], under the 
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).
    Rule 17a-14 and Form CRS require a broker-dealer that offers 
services to retail investors to prepare and file with the Commission 
through WebCRD, post to the broker-dealer's website (if it has one), 
and deliver to retail investors a relationship summary. The 
relationship summary can assist retail investors in making an informed 
choice about whether to hire or retain a broker-dealer,

[[Page 4252]]

as well as what types of accounts and services are appropriate for 
their needs.
    The information that must be collected pursuant to Rule 17a-14 and 
Form CRS is necessary to provide broker-dealer retail customers, 
prospective retail customers, and the Commission with information about 
the relationships and services the firm offers to retail investors, 
fees and costs that the retail investor will pay, specific conflicts of 
interest and standards of conduct, legal or disciplinary history, and 
how to obtain additional information about the firm. The Commission 
uses the information to manage its regulatory and examination programs. 
Clients can use the information required in the relationship summary to 
determine whether to hire or retain a broker-dealer, as well as what 
types of accounts and services are appropriate for their needs. The 
information will therefore help establish a framework that protects 
investors and promotes efficiency, competition, and capital formation.
    The aggregate annual hour burden for all respondents to comply with 
the information collection requirements of Rule 17a-14 and Form CRS is 
estimated to be approximately 6,098,916 hours per year. Under Rule 17a-
14 and Form CRS, respondents will also incur cost burdens. The 
aggregate annual cost burden for all respondents is estimated to be 
approximately $181,194 per year.
    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 by February 23, 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: January 18, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-01254 Filed 1-23-23; 8:45 am]
BILLING CODE 8011-01-P

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