Submission for OMB Review; Comment Request; Extension: Rule 13h-1 and Form 13H, 21575 [2024-06631]
Download as PDF
Federal Register / Vol. 89, No. 61 / Thursday, March 28, 2024 / Notices
legacy/companysearch.html. You may
also call the SEC’s Public Reference
Room at (202) 551–8090.
For the Commission, by the Division of
Investment Management, under delegated
authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–06541 Filed 3–27–24; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–614, OMB Control No.
3235–0682]
Submission for OMB Review;
Comment Request; Extension: Rule
13h–1 and Form 13H
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 existing collection of
information provided for in Rule 13h–
1 (17 CFR 240.13h–1) and Form 13H—
registration of large traders 1 submitted
pursuant to section 13(h) of the
Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) (‘‘Exchange Act’’).
Rule 13h–1 and Form 13H under
section 13(h) of the Exchange Act
established a large trader reporting
framework.2 The framework assists the
Commission in identifying and
obtaining certain baseline information
about traders that conduct a substantial
amount of trading activity, as measured
by volume or market value, in the U.S.
securities markets.
The identification, recordkeeping, and
reporting framework provides the
Commission with a mechanism to
identify large traders and obtain
additional information on their trading
activity. Specifically, the rule requires
large traders to identify themselves to
ddrumheller on DSK120RN23PROD with NOTICES1
1 Rule
13h–1(a)(1) defines ‘‘large trader’’ as any
person that directly or indirectly, including through
other persons controlled by such person, exercises
investment discretion over one or more accounts
and effects transactions for the purchase or sale of
any NMS security for or on behalf of such accounts,
by or through one or more registered broker-dealers,
in an aggregate amount equal to or greater than the
identifying activity level or voluntarily registers as
a large trader by filing electronically with the
Commission Form 13H.
2 See Securities Exchange Act Release No. 64976
(July 27, 2011), 76 FR 46959 (August 3, 2011).
VerDate Sep<11>2014
20:27 Mar 27, 2024
Jkt 262001
the Commission and file certain interim
updates with the Commission on Form
13H. Upon receipt of Form 13H, the
Commission issues a unique
identification number to the large
trader, which the large trader then
provides to its registered broker-dealers.
Certain registered broker-dealers are
required to maintain transaction records
for each large trader and are required to
report that information to the
Commission upon request.3 In addition,
certain registered broker-dealers are
required to adopt procedures to monitor
their customers for activity that would
trigger the identification requirements of
the rule.
The respondents to the collection of
information required by Rule 13h–1 and
Form 13H are large traders and
registered broker-dealers. The
Commission estimates that the total
annual time burden associated with
Rule 13h–1 and Form 13H is
approximately 131,415 hours per year.
This burden is comprised of 31,140
hours for initial filings by large traders
on Form 13H, 75,300 hours for updates
by large traders, 22,200 hours for brokerdealer reporting, and 2,775 hours for
broker-dealer monitoring.
Compliance with Rule 13h–1 is
mandatory. The information collection
under Rule 13h–1 is considered
confidential subject to the limited
exceptions provided by the Freedom of
Information Act.4
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
3 The Commission, pursuant to Rule 17a–25 (17
CFR 240.17a–25), currently collects transaction data
from registered broker-dealers through the
Electronic Blue Sheets (‘‘EBS’’) system to support
its regulatory and enforcement activities. The large
trader framework added two new fields, the time of
the trade and the identity of the trader, to the EBS
system. Additionally, pursuant to Rule 613 (17 CFR
242.613), the Commission requires each national
securities exchange and national securities
association to collect transaction data from
registered broker-dealers through the consolidated
audit trail, to which the agency has access, to
support regulatory and enforcement activities. This
data includes the time of each trade and the LTID
number of the person exercising investment
discretion over the trade, the latter of which is
assigned by the Commission pursuant to Rule 13h–
1.
4 See 5 U.S.C. 552 and 15 U.S.C. 78m(h)(7).
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
21575
information collection should be sent by
April 29, 2024 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: March 25, 2024.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–06631 Filed 3–27–24; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–99850; File No. SR–
NYSEARCA–2024–28]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend the
Connectivity Fee Schedule
March 22, 2024.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on March
14, 2024, NYSE Arca, Inc. (‘‘NYSE
Arca’’ 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 amend the
Connectivity Fee Schedule (‘‘Fee
Schedule’’) regarding colocation
services and fees to update the list of
included data products. 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.
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
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
E:\FR\FM\28MRN1.SGM
28MRN1
Agencies
[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Notices]
[Page 21575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06631]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[SEC File No. 270-614, OMB Control No. 3235-0682]
Submission for OMB Review; Comment Request; Extension: Rule 13h-1
and Form 13H
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
existing collection of information provided for in Rule 13h-1 (17 CFR
240.13h-1) and Form 13H--registration of large traders \1\ submitted
pursuant to section 13(h) of the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) (``Exchange Act'').
---------------------------------------------------------------------------
\1\ Rule 13h-1(a)(1) defines ``large trader'' as any person that
directly or indirectly, including through other persons controlled
by such person, exercises investment discretion over one or more
accounts and effects transactions for the purchase or sale of any
NMS security for or on behalf of such accounts, by or through one or
more registered broker-dealers, in an aggregate amount equal to or
greater than the identifying activity level or voluntarily registers
as a large trader by filing electronically with the Commission Form
13H.
---------------------------------------------------------------------------
Rule 13h-1 and Form 13H under section 13(h) of the Exchange Act
established a large trader reporting framework.\2\ The framework
assists the Commission in identifying and obtaining certain baseline
information about traders that conduct a substantial amount of trading
activity, as measured by volume or market value, in the U.S. securities
markets.
---------------------------------------------------------------------------
\2\ See Securities Exchange Act Release No. 64976 (July 27,
2011), 76 FR 46959 (August 3, 2011).
---------------------------------------------------------------------------
The identification, recordkeeping, and reporting framework provides
the Commission with a mechanism to identify large traders and obtain
additional information on their trading activity. Specifically, the
rule requires large traders to identify themselves to the Commission
and file certain interim updates with the Commission on Form 13H. Upon
receipt of Form 13H, the Commission issues a unique identification
number to the large trader, which the large trader then provides to its
registered broker-dealers. Certain registered broker-dealers are
required to maintain transaction records for each large trader and are
required to report that information to the Commission upon request.\3\
In addition, certain registered broker-dealers are required to adopt
procedures to monitor their customers for activity that would trigger
the identification requirements of the rule.
---------------------------------------------------------------------------
\3\ The Commission, pursuant to Rule 17a-25 (17 CFR 240.17a-25),
currently collects transaction data from registered broker-dealers
through the Electronic Blue Sheets (``EBS'') system to support its
regulatory and enforcement activities. The large trader framework
added two new fields, the time of the trade and the identity of the
trader, to the EBS system. Additionally, pursuant to Rule 613 (17
CFR 242.613), the Commission requires each national securities
exchange and national securities association to collect transaction
data from registered broker-dealers through the consolidated audit
trail, to which the agency has access, to support regulatory and
enforcement activities. This data includes the time of each trade
and the LTID number of the person exercising investment discretion
over the trade, the latter of which is assigned by the Commission
pursuant to Rule 13h-1.
---------------------------------------------------------------------------
The respondents to the collection of information required by Rule
13h-1 and Form 13H are large traders and registered broker-dealers. The
Commission estimates that the total annual time burden associated with
Rule 13h-1 and Form 13H is approximately 131,415 hours per year. This
burden is comprised of 31,140 hours for initial filings by large
traders on Form 13H, 75,300 hours for updates by large traders, 22,200
hours for broker-dealer reporting, and 2,775 hours for broker-dealer
monitoring.
Compliance with Rule 13h-1 is mandatory. The information collection
under Rule 13h-1 is considered confidential subject to the limited
exceptions provided by the Freedom of Information Act.\4\
---------------------------------------------------------------------------
\4\ See 5 U.S.C. 552 and 15 U.S.C. 78m(h)(7).
---------------------------------------------------------------------------
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 April 29, 2024 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:
[email protected].
Dated: March 25, 2024.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-06631 Filed 3-27-24; 8:45 am]
BILLING CODE 8011-01-P