Proposed Collection; Comment Request; Extension: Rule 17f-2(d), 59940-59941 [2024-16231]

Download as PDF 59940 Federal Register / Vol. 89, No. 142 / Wednesday, July 24, 2024 / Notices cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless the OMB approves it and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. DOL seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOL notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review. Agency: DOL–OWCP. Title of Collection: Notice of Controversion of Right to Compensation. OMB Control Number: 1240–0042. Affected Public: Private Sector— Businesses or other for-profits. Total Estimated Number of Respondents: 550. Total Estimated Number of Responses: 23,928. Total Estimated Annual Time Burden: 5,982 hours. Total Estimated Annual Other Costs Burden: $1,858. (Authority: 44 U.S.C. 3507(a)(1)(D)) Michelle Neary, Senior Paperwork Reduction Act Analyst. [FR Doc. 2024–16194 Filed 7–23–24; 8:45 am] BILLING CODE 4510–CF–P SECURITIES AND EXCHANGE COMMISSION ddrumheller on DSK120RN23PROD with NOTICES1 [Release No. 34–100552; File No. SR–OCC– 2024–001] Self-Regulatory Organizations; Options Clearing Corporation; Notice of Designation of Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change by The Options Clearing Corporation Concerning Its Process for Adjusting Certain Parameters in Its Proprietary System for Calculating Margin Requirements During Periods When the Products It Clears and the Markets It Serves Experience High Volatility July 18, 2024. On January 10, 2024, the Options Clearing Corporation (‘‘OCC’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the VerDate Sep<11>2014 17:57 Jul 23, 2024 Jkt 262001 proposed rule change SR–OCC–2024– 001 pursuant to Section 19(b) of the Securities Exchange Act of 1934 (‘‘Exchange Act’’) 1 and Rule 19b–4 2 thereunder to codify OCC’s process for adjusting certain parameters in its proprietary system for calculating margin requirements during periods when the products OCC clears and the markets it serves experience high volatility.3 The proposed rule change was published for public comment in the Federal Register on January 25, 2024.4 The Commission has received comments regarding the proposed rule change.5 On February 23, 2024, pursuant to Section 19(b)(2) of the Exchange Act,6 the Commission designated a longer period within which to approve, disapprove, or institute proceedings to determine whether to approve or disapprove the proposed rule change.7 On April 22, 2024, the Commission instituted proceedings, pursuant to Section 19(b)(2)(B) of the Exchange Act,8 to determine whether to approve or disapprove the proposed rule change.9 Section 19(b)(2) of the Exchange Act 10 provides that proceedings to determine whether to approve or disapprove a proposed rule change must be concluded within 180 days of the date of publication of notice of filing of the proposed rule change. The time for conclusion of the proceedings may be extended for up to 60 days if the Commission determines that a longer period is appropriate and publishes the reasons for such determination.11 The 180th day after publication of the Notice in the Federal Register is July 23, 2024. The Commission is extending the period for Commission action on the proposed rule change. The Commission finds that it is appropriate to designate a longer period within which to take action on the proposed rule change so that the Commission has sufficient time to consider the issues raised by the U.S.C. 78s(b)(1). CFR 240.19b–4. 3 See Notice of Filing infra note 4, at 89 FR 5062. 4 Securities Exchange Act Release No. 99393 (Jan. 19, 2024), 89 FR 5062 (Jan. 25, 2024) (File No. SR– OCC–2024–001) (‘‘Notice of Filing’’). 5 Comments on the proposed rule change are available at https://www.sec.gov/comments/sr-occ2024-001/srocc2024001.htm. 6 15 U.S.C. 78s(b)(2). 7 Securities Exchange Act Release No. 99594 (Feb. 23, 2024), 89 FR 14909 (Feb. 29, 2024) (File No. SR– OCC–2024–001). 8 15 U.S.C. 78s(b)(2)(B). 9 Securities Exchange Act Release No. 100009 (Apr. 22, 2024), 89 FR 32469 (Apr. 26, 2024) (File No. SR–OCC–2024–001). 10 15 U.S.C. 78s(b)(2). 11 15 U.S.C 78s(b)(2)(B)(ii)(II). PO 00000 1 15 2 17 Frm 00051 Fmt 4703 Sfmt 4703 proposed rule change and to take action on the proposed rule change. Accordingly, pursuant to Section 19(b)(2)(B)(ii)(II) of the Exchange Act,12 the Commission designates September 21, 2024, as the date by which the Commission should either approve or disapprove the proposed rule change SR–OCC–2024–001. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13 J. Matthew DeLesDernier, Deputy Secretary. [FR Doc. 2024–16218 Filed 7–23–24; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [SEC File No. 270–036, OMB Control No. 3235–0028] Proposed Collection; Comment Request; Extension: Rule 17f–2(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’’) is soliciting comments on the existing collection of information provided for in Rule 17f–2(d) (17 CFR 240.17f–2(d)), 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 17f–2(d) requires that records created pursuant to the fingerprinting requirements of Section 17(f)(2) of the Act be maintained and preserved by every member of a national securities exchange, broker, dealer, registered transfer agent and registered clearing agency (‘‘covered entities’’ or ‘‘respondents’’); permits, under certain circumstances, the records required to be maintained and preserved by a member of a national securities exchange, broker, or dealer to be maintained and preserved by a selfregulatory organization that is also the designated examining authority for that member, broker or dealer; and permits the required records to be preserved on microfilm. The general purpose for Rule 17f–2 is to: (i) identify security risk personnel; (ii) provide criminal record 12 Id. 13 17 E:\FR\FM\24JYN1.SGM CFR 200.30–3(a)(57). 24JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 142 / Wednesday, July 24, 2024 / Notices information so that employers can make fully informed employment decisions; and (iii) deter persons with criminal records from seeking employment or association with covered entities. The rule enables the Commission or other examining authority to ascertain whether all required persons are being fingerprinted and whether proper procedures regarding fingerprinting are being followed. Retention of these records for a period of not less than three years after termination of a covered person’s employment or relationship with a covered entity ensures that law enforcement officials will have easy access to fingerprint cards on a timely basis. This in turn acts as an effective deterrent to employee misconduct. Approximately 3,800 respondents are subject to the recordkeeping requirements of the rule. Each respondent maintains approximately 68 new records per year, each of which takes approximately 2 minutes per record to maintain, for an annual burden of approximately 2.2666667 hours (68 records times 2 minutes). The total annual time burden for all respondents is approximately 8,613 hours (3,800 respondents times 2.2666667 hours). As noted above, all records maintained subject to the rule must be retained for a period of not less than three years after termination of a covered person’s employment or relationship with a covered entity. In addition, we estimate the total annual cost burden to respondents is approximately $38,000 in third party storage costs. 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 23, 2024. 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: Austin Gerig, Director/Chief Data Officer, Securities and Exchange VerDate Sep<11>2014 17:57 Jul 23, 2024 Jkt 262001 Commission, c/o Oluwaseun Ajayi, 100 F Street NE, Washington, DC 20549, or send an email to: PRA_Mailbox@ sec.gov. Dated: July 18, 2024. J. Matthew DeLesDernier, Deputy Secretary. [FR Doc. 2024–16231 Filed 7–23–24; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–100551; File No. SR– CboeBZX–2024–065] Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Modify the Fees the Exchange Charges Companies Seeking a Review of a Delisting Determination, Public Reprimand Letter, or Written Denial of an Initial Listing Application July 18, 2024. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (‘‘Act’’) and Rule 19b–4 thereunder,2 notice is hereby given that on July 3, 2024, Cboe BZX Exchange, Inc. (the ‘‘Exchange’’ or ‘‘BZX’’) filed with the Securities and Exchange Commission (the ‘‘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 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 Cboe BZX Exchange, Inc. (‘‘BZX’’ or the ‘‘Exchange’’) is filing with the Securities and Exchange Commission (‘‘Commission’’ or ‘‘SEC’’) a proposed rule change to modify the fees the Exchange charges Companies seeking a review of a Delisting Determination, public reprimand letter, or written denial of an initial listing application. The text of the proposed rule change is provided in Exhibit 5. The text of the proposed rule change is also available on the Exchange’s website (https://markets.cboe.com/us/ equities/regulation/rule_filings/BZX/), at the Exchange’s Office of the Secretary, and at the Commission’s Public Reference Room. PO 00000 1 15 2 17 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00052 Fmt 4703 Sfmt 4703 59941 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 Pursuant to Exchange Rule 14.12(h), Companies 3 may seek review of a determination by the Exchange’s Listing Qualifications Department 4 to deny initial or delisting a Company’s securities or to issue a Public Reprimand Letter,5 by requesting a hearing before an independent Hearings Panel (the ‘‘Hearings Panel’’).6 Exchange Rule 14.12(h)(1)(C) provides that a Company requesting a hearing must, within 15 calendar days of the Staff Delisting Determination,7 must submit a hearing fee. Hearing fees are currently charged as follows: (i) when the Company has requested a written hearing, $1,000; or (ii) when the Company has requested an oral hearing, whether in person or by telephone, $5,000. Companies may also appeal a Hearings Panel decision to the Exchange Listing Council.8 Exchange Rule 14.12(i)(1) requires a Company seeking such an appeal to submit a fee of $4,000. The Exchange has not amended these fees since the Exchange listing rules were originally adopted in 2011.9 The Exchange now proposes to (i) increase the hearing fee for both written and oral hearings to $20,000; and (ii) increase the fee to appeal a Hearings Panel decision 3 See Exchange Rule 14.1(a)(3). Exchange Rule 14.12(b)(7). 5 See Exchange Rule 14.12(b)(9). 6 See Exchange Rule 14.12(b)(5). 7 See Exchange Rule 14.12(b)(11). 8 See Exchange Rule 14.12(b)(6). 9 See Securities Exchange Act Release Nos. 64546 (May 25, 2011) 76 FR 31660 (June 1, 2011) (SR– BATS–2011–018) (Notice of Filing of Proposed Rule Change To Adopt Rules for the Qualification, Listing and Delisting of Companies on the Exchange); 65225 (August 30, 2011) 76 FR 55148 (September 6, 2011) (Order Approving Proposed Rule Change To Adopt Rules for the Qualification, Listing and Delisting of Companies on the Exchange). 4 See E:\FR\FM\24JYN1.SGM 24JYN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 89, Number 142 (Wednesday, July 24, 2024)]
[Notices]
[Pages 59940-59941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16231]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-036, OMB Control No. 3235-0028]


Proposed Collection; Comment Request; Extension: Rule 17f-2(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'') is soliciting comments on the existing 
collection of information provided for in Rule 17f-2(d) (17 CFR 
240.17f-2(d)), 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 17f-2(d) requires that records created pursuant to the 
fingerprinting requirements of Section 17(f)(2) of the Act be 
maintained and preserved by every member of a national securities 
exchange, broker, dealer, registered transfer agent and registered 
clearing agency (``covered entities'' or ``respondents''); permits, 
under certain circumstances, the records required to be maintained and 
preserved by a member of a national securities exchange, broker, or 
dealer to be maintained and preserved by a self-regulatory organization 
that is also the designated examining authority for that member, broker 
or dealer; and permits the required records to be preserved on 
microfilm. The general purpose for Rule 17f-2 is to: (i) identify 
security risk personnel; (ii) provide criminal record

[[Page 59941]]

information so that employers can make fully informed employment 
decisions; and (iii) deter persons with criminal records from seeking 
employment or association with covered entities. The rule enables the 
Commission or other examining authority to ascertain whether all 
required persons are being fingerprinted and whether proper procedures 
regarding fingerprinting are being followed. Retention of these records 
for a period of not less than three years after termination of a 
covered person's employment or relationship with a covered entity 
ensures that law enforcement officials will have easy access to 
fingerprint cards on a timely basis. This in turn acts as an effective 
deterrent to employee misconduct.
    Approximately 3,800 respondents are subject to the recordkeeping 
requirements of the rule. Each respondent maintains approximately 68 
new records per year, each of which takes approximately 2 minutes per 
record to maintain, for an annual burden of approximately 2.2666667 
hours (68 records times 2 minutes). The total annual time burden for 
all respondents is approximately 8,613 hours (3,800 respondents times 
2.2666667 hours). As noted above, all records maintained subject to the 
rule must be retained for a period of not less than three years after 
termination of a covered person's employment or relationship with a 
covered entity. In addition, we estimate the total annual cost burden 
to respondents is approximately $38,000 in third party storage costs.
    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 23, 2024.
    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: Austin Gerig, Director/
Chief Data Officer, Securities and Exchange Commission, c/o Oluwaseun 
Ajayi, 100 F Street NE, Washington, DC 20549, or send an email to: 
[email protected].

    Dated: July 18, 2024.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2024-16231 Filed 7-23-24; 8:45 am]
BILLING CODE 8011-01-P

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