60 Day Notice

3235-0673.pdf

Rule 15c3-5 -- Risk Management Controls for Brokers or Dealers with Market Access

60 Day Notice

OMB: 3235-0673

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Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Notices
Agency name

Organization name

DEPARTMENT OF THE TREASURY.

Authorization
No.

Position title

Office of the Assistant Secretary
for Terrorist Financing.

Special Assistant ............................

DY220006

44437
Effective date
11/18/2021

The following Schedule C appointing
authorities were revoked during
November 2021.
Agency name

Organization name

Position title

DEPARTMENT OF EDUCATION ...

Office of Planning, Evaluation and
Policy Development.
Office of the Secretary ...................
Office of the Associate Attorney
General.
Office of the Administrator .............

Special Assistant ............................

DB210054

11/20/2021

Confidential Assistant .....................
Chief of Staff ..................................

DB210070
DJ210132

11/05/2021
11/20/2021

White House Liaison ......................
Special Assistant for Operations ....

NN210017
NN210060

11/06/2021
11/20/2021

DEPARTMENT OF JUSTICE .........
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION.

Authority: 5 U.S.C. 3301 and 3302;
E.O. 10577, 3 CFR, 1954–1958 Comp., p.
218.
Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.
[FR Doc. 2022–15895 Filed 7–25–22; 8:45 am]
BILLING CODE 6325–39–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–601, OMB Control No.
3235–0673]

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Proposed Collection; Comment
Request; Extension: Rule 15c3–5
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 15c3–5 (17 CFR
240.15c3–5) under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.) (‘‘Exchange Act’’). The
Commission plans to submit this
existing collection of information to the
Office of Management and Budget
(‘‘OMB’’) for extension and approval.
Rule 15c3–5 under the Exchange Act
requires brokers or dealers with access
to trading directly on an exchange or
alternative trading system (‘‘ATS’’),
including those providing sponsored or
direct market access to customers or
other persons, to implement risk
management controls and supervisory
procedures reasonably designed to

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manage the financial, regulatory, and
other risks of this business activity.
The rule requires brokers or dealers to
establish, document, and maintain
certain risk management controls and
supervisory procedures as well as
regularly review such controls and
procedures, and document the review,
and remediate issues discovered to
assure overall effectiveness of such
controls and procedures. Each such
broker or dealer is required to preserve
a copy of its supervisory procedures and
a written description of its risk
management controls as part of its books
and records in a manner consistent with
Rule 17a–4(e)(7) under the Exchange
Act. Such regular review is required to
be conducted in accordance with
written procedures and is required to be
documented. The broker or dealer is
required to preserve a copy of such
written procedures, and documentation
of each such review, as part of its books
and records in a manner consistent with
Rule 17a-4(e)(7) under the Exchange
Act, and Rule 17a-4(b) under the
Exchange Act, respectively.
In addition, the Chief Executive
Officer (or equivalent officer) is required
to certify annually that the broker or
dealer’s risk management controls and
supervisory procedures comply with the
rule, and that the broker-dealer
conducted such review. Such
certifications are required to be
preserved by the broker or dealer as part
of its books and records in a manner
consistent with Rule 17a-4(b) under the
Exchange Act. Compliance with Rule
15c3–5 is mandatory.
Respondents consist of broker-dealers
with access to trading directly on an
exchange or ATS. The Commission
estimates that there are currently 520
respondents. To comply with Rule
15c3–5, these respondents will spend a

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Request No.

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total of approximately 83,200 hours per
year (160 hours per broker-dealer × 520
broker-dealers = 83,200 hours). At an
average internal cost per burden hour of
approximately $401.89, the resultant
total related internal cost of compliance
for these respondents is $33,437,040 per
year (83,200 burden hours multiplied by
approximately $401.89/hour). In
addition, for hardware and software
expenses, the Commission estimates
that the average annual external cost
would be approximately $20,500 per
broker-dealer, or $10,660,000 in the
aggregate ($20,500 per broker-dealer ×
520 brokers and dealers =
$10,6660,000).
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 by September 26, 2022.
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,

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Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Notices

[SEC File No. 270–661, OMB Control No.
3235–0721]

‘‘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 25, 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,
DC 20549, or by sending an email to:
[email protected].

Submission for OMB Review;
Comment Request: Extension: Form
1–SA

Dated: July 20, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.

DC 20549, or send an email to: PRA_
[email protected].
Dated: July 20, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–15914 Filed 7–25–22; 8:45 am]
BILLING CODE 8011–01–P

khammond on DSKJM1Z7X2PROD with NOTICES

SECURITIES AND EXCHANGE
COMMISSION

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 1–SA (17 CFR 239.92) is used to
file semiannual reports by Tier 2 issuers
under Regulation A, an exemption from
registration under the Securities Act of
1933 (15 U.S.C. 77a et seq.). Tier 2
issuers under Regulation A conducting
offerings of up to $50 million within a
12-month period are required to file
Form 1–SA. Form 1–SA provides
semiannual, interim financial
statements and information about the
issuer’s liquidity, capital resources and
operations after the issuer’s second
fiscal quarter. The purpose of the Form
1–SA is to better inform the public
about companies that have conducted
Tier 2 offerings under Regulation A. We
estimate that approximately 55 issuers
file Form 1–SA annually. We estimate
that Form 1–SA takes approximately
188.0427 hours to prepare. We estimate
that 85% of the 188.0427 hours per
response (159.8363 hours) is prepared
by the company for a total annual
burden of 8,791 hours (159.8363 hours
per response × 55 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

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[FR Doc. 2022–15912 Filed 7–25–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–95328; File No. SR–CBOE–
2022–038]

Self-Regulatory Organizations; Cboe
Exchange, Inc.; Notice of Filing of a
Proposed Rule Change To Amend Rule
5.32
July 20, 2022.

Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on July 7,
2022, Cboe Exchange, Inc. (the
‘‘Exchange’’ or ‘‘Cboe Options’’) 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 Exchange, Inc. (the ‘‘Exchange’’
or ‘‘Cboe Options’’) proposes to amend
Rule 5.32. The text of the proposed rule
change is provided below.
(additions are Italicized; deletions are
[bracketed])
*
*
*
*
*
Rules of Cboe Exchange, Inc.
*
*
*
*
*
Rule 5.32. Order and Quote Book Processing,
Display, Priority, and Execution
(a)–(d) No change.
(e) Cancel/Replace. If a User submits a
cancel/replace message for a resting order,

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1 15
2 17

U.S.C. 78s(b)(1).
CFR 240.19b–4.

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regardless of whether the cancel/replace
message modifies any terms of the resting
order, the order loses its priority position and
is placed in a priority position based on the
time the System receives the cancel/replace
message, unless the User only (1) decreases
the quantity of an order, (2) modifies the Max
Floor (if a Reserve Order), or (3) modifies the
stop price (if a Stop or Stop-Limit order), in
which case the order retains its priority
position. [Depending on how an order is
modified, the order may change priority
position as follows:
(1) If the price of an order is changed, the
order loses position and is placed in a
priority position as if the System received the
order at the time the order was changed.
(2) If the quantity of an order is decreased,
it retains its priority position.
(3) If the quantity of an order is increased,
it loses its priority position and is placed in
a priority position as if the System received
the order at the time the quantity of the order
is increased.]

*

*
*
*
*
The text of the proposed rule change
is also available on the Exchange’s
website (http://www.cboe.com/
AboutCBOE/CBOELegal
RegulatoryHome.aspx), at the
Exchange’s Office of the Secretary, 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
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
The Exchange proposes to amend
Rule 5.32(e) to describe the impact on
priority of a ‘‘no-change’’ order 3 (i.e., an
order submitted to cancel or replace a
resting order that does not change any
3 In this context, the term ‘‘order’’ includes bids
and offers submitted in bulk messages. A bulk
message means a single electronic message a user
submits with an M (Market-Maker) capacity to the
Exchange in which the User may enter, modify, or
cancel up to an Exchange-specified number of bids
and offers. See Rule 1.1 (definition of bulk message,
which provides that the System handles a bulk
message bid or offer in the same manner as it
handles an order or quote, unless the Rules specify
otherwise).

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