60 Day Notice

3235-0017 Jan 3, 2022.pdf

Form 1, Rules 6a-1 and 6a-2 Form of Application and Amendments

60 Day Notice

OMB: 3235-0017

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132

Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Notices

proposed rule change operative upon
filing.15
At any time within 60 days of the
filing of the 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
change should be approved or
disapproved.

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–NASDAQ–2021–102 and
should be submitted on or before
January 24, 2022.

IV. Solicitation of Comments
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:

For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Vanessa A. Countryman,
Secretary.

Electronic Comments
• Use the Commission’s internet
comment form (http://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2021–102 on the subject line.

SECURITIES AND EXCHANGE
COMMISSION

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–NASDAQ–2021–102. 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 (http://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
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549 on official
15 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).

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[FR Doc. 2021–28395 Filed 12–30–21; 8:45 am]
BILLING CODE 8011–01–P

[SEC File No. 270–017, OMB Control No.
3235–0017]

Proposed Collection; Comment
Request; Extension: Rules 6a–1 and
6a–2, Form 1
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 6a–1 (17 CFR
240.6a–1), Rule 6a–2 (17 CFR 240.6a–2),
and Form 1 (17 CFR 249.1) under the
Securities Exchange Act of 1934
(‘‘Exchange Act’’) (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.
The Exchange Act sets forth a
regulatory scheme for national securities
exchanges. Rule 6a–1 under the
Exchange Act generally requires an
applicant for initial registration as a
national securities exchange to file an
application with the Commission on
Form 1. An exchange that seeks an
exemption from registration based on
limited trading volume also must apply
for such exemption on Form 1. Rule 6a–
2 under the Exchange Act requires
16 17

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CFR 200.30–3(a)(12).

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registered and exempt exchanges: (1) To
amend the Form 1 if there are any
material changes to the information
provided in the initial Form 1; and (2)
to submit periodic updates of certain
information provided in the initial Form
1, whether such information has
changed or not. The information
required pursuant to Rules 6a–1 and 6a–
2 is necessary to enable the Commission
to maintain accurate files regarding the
exchange and to exercise its statutory
oversight functions. Without the
information submitted pursuant to Rule
6a–1 on Form 1, the Commission would
not be able to determine whether the
respondent has met the criteria for
registration (or an exemption from
registration) set forth in Section 6 of the
Exchange Act. The amendments and
periodic updates of information
submitted pursuant to Rule 6a–2 are
necessary to assist the Commission in
determining whether a national
securities exchange or exempt exchange
is continuing to operate in compliance
with the Exchange Act.
Initial filings on Form 1 by
prospective exchanges are made on a
one-time basis. The Commission
estimates that it will receive
approximately one initial Form 1 filing
per year and that each respondent
would incur an average burden of 880
hours to file an initial Form 1 at an
average internal compliance cost per
response of approximately $340,886.
Therefore, the Commission estimates
that the annual burden for all
respondents to file the initial Form 1
would be 880 hours (one response/
respondent × one respondent × 880
hours/response) and an internal
compliance cost of $340,886 (one
response/respondent × one respondent ×
$340,886/response).
There currently are 24 entities
registered as national securities
exchanges. The Commission estimates
that each registered or exempt exchange
files eleven amendments or periodic
updates to Form 1 per year, incurring an
average burden of 25 hours per
amendment to comply with Rule 6a–2.
The Commission estimates that the
average internal compliance cost for a
national securities exchange per
response would be approximately
$8,480. The Commission estimates that
the annual burden for all respondents to
file amendments and periodic updates
to the Form 1 pursuant to Rule 6a–2
would be 6,600 hours (24 respondents ×
25 hours/response × 11 responses/
respondent per year) and an internal
compliance cost of $2,238,720 (24
respondents × $8,480/response × 11
responses/respondent per year).

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Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Notices
The total estimated annual time
burden associated with Rules 6a–1 and
6a–2 is thus approximately 7,480 hours
(880 + 6,600).
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 in
writing within 60 days of this
publication.
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: PRA_
[email protected].
Dated: December 28, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–28432 Filed 12–30–21; 8:45 am]
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[SEC File No. 270–199, OMB Control No.
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khammond on DSKJM1Z7X2PROD with NOTICES

Submission for OMB Review;
Comment Request; Extension: Rule
17a–5(c)
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–5(c), (17 CFR 240.17a–5(c)),

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under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.).
Rule 17a–5(c) generally requires
broker-dealers who carry customer
accounts to provide statements of the
broker-dealer’s financial condition to
their customers. Paragraph (c)(5) of Rule
17a–5 provides a conditional exemption
from this requirement. A broker-dealer
that elects to take advantage of the
exemption must publish its statements
on its website in a prescribed manner,
and must maintain a toll-free number
that customers can call to request a copy
of the statements.
The purpose of the Rule is to ensure
that customers of broker-dealers are
provided with information concerning
the financial condition of the firm that
may be holding the customers’ cash and
securities. The Commission, when
adopting the Rule in 1972, stated that
the goal was to ‘‘directly’’ send a
customer essential information so that
the customer could ‘‘judge whether his
broker or dealer is financially sound.’’
The Commission adopted the Rule in
response to the failure of several brokerdealers holding customer funds and
securities in the period between 1968
and 1971.
The Commission estimates that
approximately 163 broker-dealer
respondents carrying approximately 186
million public customer accounts incur
a burden of approximately 228,024
hours per year to comply with the Rule.
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) >MBX.OMB.OIRA.SEC_
[email protected] < 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 28, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–28429 Filed 12–30–21; 8:45 am]
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133

SECURITIES AND EXCHANGE
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[SEC File No. 270–377, OMB Control No.
3235–0425]

Submission for OMB Review;
Comment Request; Extension: Form
TH
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
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget this
request for extension of the previously
approved collection of information
discussed below.
Form TH (17 CFR 239.65, 17 CFR
249.447, 269.10 and 17 CFR 274.404)
under the Securities Act of 1933 (15
U.S.C. 77a et seq.), the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.), the Trust Indenture Act of 1939
(15 U.S.C. 77aaa et seq.) and the
Investment Company Act of 1940 (15
U.S.C. 80a–1 et seq.) is used by
registrants to notify the Commission
that an electronic filer is relying on the
temporary hardship exemption for the
filing of a document in paper form that
would otherwise be required to be filed
electronically as required by Rule 201(a)
of Regulation S–T. (17 CFR. 232.201(a)).
Form TH is a public document and is
filed on occasion. Form TH must be
filed every time an electronic filer
experiences unanticipated technical
difficulties preventing the timely
preparation and submission of a
required electronic filing.
Approximately 5 registrants file Form
TH and it takes an estimated 0.33 hours
per response for a total annual burden
of 2 hours (0.33 hours per response × 5
responses).
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid
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/

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