Form S-11 30 Day Federal Register Notice

FormS-11.30Day.FederalRegisterNotice.pdf

Form S-11 - Registration Statement

Form S-11 30 Day Federal Register Notice

OMB: 3235-0067

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44178

Federal Register / Vol. 87, No. 141 / Monday, July 25, 2022 / Notices

Commission approved a Cboe Options
proposal allowing complex orders with
any ratio to trade electronically and to
be quoted, as well as executed, in $0.01
increments.28 The Commission notes
that the priority provisions in proposed
Exchange Rule 21.20(f)(2)(A)(iv)(b) for
complex orders with a ratio less than
one-to-three or greater than three-toone—which require each component leg
of such an order with a Priority
Customer order at the BBO to execute at
a price that improves the price of the
Priority Customer order(s) on the
Simple Book—is consistent with Cboe
Options Rule 5.33(f)(2)(A)(iv)(b).
Accordingly, the Exchange’s proposal to
allow market participants to submit
complex orders with any ratio to the
Exchange does not raise new or novel
regulatory issues. The Commission
believes that the proposed nonsubstantive changes to Exchange Rules
21.20(b), 21.20(f)(2)(A), and 21.20(g)
will clarify and help to ensure the
accuracy of the Exchange’s rules by
correcting, updating, and streamlining
the Exchange’s rules. The Commission
notes that these proposed changes are
consistent with the rules of Cboe
Options.29 Accordingly, the
Commission waives the operative delay
and designates the proposed rule change
operative upon filing.30
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
should be approved or disapproved.
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:

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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–
CboeEDGX–2022–033 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–CboeEDGX–2022–033. 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
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–CboeEDGX–2022–033, and
should be submitted on or before
August 15, 2022.
For the Commission, by the Division of
Trading and Markets, pant to delegated
authority.31
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–15773 Filed 7–22–22; 8:45 am]
BILLING CODE 8011–01–P

28 See

supra note 3.
29 See Cboe Options Rules 5.33(b), 5.33(f)(2)(A),
and 5.33(g).
30 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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31 17

CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–064, OMB Control No.
3235–0067]

Submission for OMB Review;
Comment Request: Extension: Form
S–11
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 S–11 (17 CFR 239.18) is the
registration statement form used to
register securities issued by real estate
investment trusts or by issuers whose
business is primarily that of acquiring
and holding for investment interests in
real estate under the Securities Act of
1933 (15 U.S.C. 77a et seq.). The
information filed with the Commission
permits verification of compliance with
securities law requirements and assures
public availability and dissemination of
such information. Information provided
is mandatory. We estimate Form S–11
takes approximately 727.1044776 hours
per response and is filed by
approximately 67 issuers annually. In
addition, we estimate that 25% of the
727.1044776 hours per response
(181.7761 hours) is prepared by the
issuer for an annual reporting burden of
12,179 hours (181.7761 hours per
response × 67 responses).
An agency may 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 by August 24, 2022 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,

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Federal Register / Vol. 87, No. 141 / Monday, July 25, 2022 / Notices
DC 20549, or by sending an email to:
[email protected].
Dated: July 19, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–15784 Filed 7–22–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–643, OMB Control No.
3235–0691]

lotter on DSK11XQN23PROD with NOTICES1

Submission for OMB Review;
Comment Request: Extension: Form
Custody
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.) (‘‘PRA’’), the
Securities and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of the
extension of the previously approved
collection of information provided for in
Form Custody (17 CFR 249.639) under
the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) (‘‘Exchange Act’’).
Section 17(a)(1) of the Exchange Act
provides that broker-dealers registered
with the Commission must make and
keep records, furnish copies of the
records, and make and disseminate
reports as the Commission, by rule,
prescribes. Pursuant to this authority,
the Commission adopted Rule 17a–5 (17
CFR 240.17a–5), which is one of the
primary financial and operational
reporting rules for broker-dealers.1
Paragraph (a)(5) of Rule 17a–5 requires
every broker-dealer registered with the
Commission to file Form Custody (17
CFR 249.639) with its designated
examining authority (‘‘DEA’’) within 17
business days after the end of each
calendar quarter and within 17 business
days after the date selected for the
broker-dealer’s annual report if that date
is not the end of a calendar quarter.
Form Custody is designed to elicit
information about whether a brokerdealer maintains custody of customer
and non-customer assets, and, if so, how
such assets are maintained.
The Commission estimates that there
are approximately 3,534 broker-dealers
registered with the Commission. As
noted above, all broker-dealers
1 Rule 17a–5 is subject to a separate PRA filing
(OMB Control Number 3235–0123).

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registered with the Commission are
required to file Form Custody with their
DEA once each calendar quarter. Based
on staff experience, the Commission
estimates that, on average, it would take
a broker-dealer approximately 12 hours
to complete and file Form Custody, for
an annual industry-wide reporting
burden of approximately 169,632
hours.2 Assuming an average cost per
hour of approximately $319 for a
compliance manager, the total internal
cost of compliance for the respondents
is approximately $54,112,608 per year.3
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
August 24, 2022 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: [email protected].
Dated: July 19, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–15783 Filed 7–22–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–091, OMB Control No.
3235–0088]

Submission for OMB Review;
Comment Request: Extension: Rule
15Ba2–5
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
2 3,534 brokers-dealers x 4 times per year × 12
hours = 169,632 hours.
3 169,632 hours times $319 per hour =
$54,112,608. $319 per hour for a compliance
manager is from SIFMA’s Management &
Professional Earnings in the Securities Industry
2013, modified by Commission staff for an 1800hour work-year, multiplied by 5.35 to account for
bonuses, firm size, employee benefits, and
overhead, and adjusted for inflation.

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44179

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
15Ba2–5 (17 CFR 240.15Ba2–5), under
the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) (‘‘Exchange Act’’).
On July 7, 1976, effective July 16,
1976 (see 41 FR 28948, July 14, 1976),
the Commission adopted Rule 15Ba2–5
under the Exchange Act to permit a
duly-appointed fiduciary to assume
immediate responsibility for the
operation of a municipal securities
dealer’s business. Without the rule, the
fiduciary would not be able to assume
operation until it registered as a
municipal securities dealer. Under the
rule, the registration of a municipal
securities dealer is deemed to be the
registration of any executor,
administrator, guardian, conservator,
assignee for the benefit of creditors,
receiver, trustee in insolvency or
bankruptcy, or other fiduciary,
appointed or qualified by order,
judgment, or decree of a court of
competent jurisdiction to continue the
business of such municipal securities
dealer, provided that such fiduciary
files with the Commission, within 30
days after entering upon the
performance of his duties, a statement
setting forth as to such fiduciary
substantially the same information
required by Form MSD or Form BD. The
statement is necessary to ensure that the
Commission and the public have
adequate information about the
fiduciary.
There is approximately one
respondent per year that requires an
aggregate total of 4 hours to comply
with this rule. This respondent makes
an estimated one annual response. Each
response takes approximately 4 hours to
complete. Thus, the total compliance
burden per year is approximately four
hours. The approximate internal
compliance cost per hour is $25,
resulting in a total internal cost of
compliance of approximately $100 per
year (i.e., 4 hours × $25).
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

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