Proposed Collection; Comment Request; Extension: Rule 15c3-3, 41692 [2023-13588]

Agencies

• SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Notices]
[Page 41692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13588]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-087, OMB Control No. 3235-0078]


Proposed Collection; Comment Request; Extension: Rule 15c3-3

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 15c3-3 (17 CFR 240.15c3-
3), 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. Furthermore, notice is given regarding new collections of 
information that were previously proposed in Rule 18a-4 (OMB No. 3235-
0700) and that were moved to this Rule 15c3-3 (OMB No. 3235-0078) based 
on comments received during the rulemaking process.
    With respect to the extension of the previously approved collection 
of information, Rule 15c3-3 requires that a broker-dealer that holds 
customer securities obtain and maintain possession and control of fully 
paid and excess margin securities they hold for customers. In addition, 
the Rule requires that a broker-dealer that holds customer funds make 
either a weekly or monthly computation to determine whether certain 
customer funds need to be segregated in a special reserve bank account 
for the exclusive benefit of the firm's customers. It also requires 
that a broker-dealer maintain a written notification from each bank 
where a Special Reserve Bank Account is held acknowledging that all 
assets in the account are for the exclusive benefit of the broker-
dealer's customers, and to provide written notification to the 
Commission (and its designated examining authority) under certain, 
specified circumstances. Finally, broker-dealers that sell securities 
futures products (``SFP'') to customers must provide certain 
notifications to customers and make a record of any changes of account 
type.
    A broker-dealer required to maintain the Special Reserve Bank 
Account prescribed by Rule 15c3-3 must obtain and retain a written 
notification from each bank in which it has a Special Reserve Bank 
Account to evidence the bank's acknowledgement that assets deposited in 
the Account are being held by the bank for the exclusive benefit of the 
broker-dealer's customers. In addition, a broker-dealer must 
immediately notify the Commission and its designated examining 
authority if it fails to make a required deposit to its Special Reserve 
Bank Account. Finally, a broker-dealer that effects transactions in 
SFPs for customers also will have paperwork burdens to make a record of 
each change in account type.
    The Commission staff estimates a total annual time burden of 
approximately 1,109,518 hours and a total annual cost burden of 
approximately $3,516,241 to comply with the existing information 
collection requirements of the rule.
    In 2019, the Commission adopted amendments to establish segregation 
and notice requirements for broker-dealers with respect to their 
security-based swap activity. The Commission staff estimates a total 
annual time burden of approximately 19,487 hours and a total annual 
cost burden of approximately $13,860 to comply with the information 
collection requirements of the 2019 amendments to the rule.
    The Commission staff thus estimates that the aggregate annual 
information collection burden associated with Rule 15c3-3 is 
approximately 1,129,005 hours and $3,530,101.
    Written comments are invited on: (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; (b) the accuracy of the agency's estimate of 
the burden of the proposed collection of information; (c) ways to 
enhance the quality, utility, and clarity of the information to be 
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 
August 28, 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: 
[email protected].

    Dated: June 22, 2023.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 2023-13588 Filed 6-26-23; 8:45 am]
BILLING CODE 8011-01-P