30 Day Notice

3235-0085.pdf

Rule 17a-11 (17 CFR 240.17a-11) Notification provisions for brokers and dealers

30 Day Notice

OMB: 3235-0085

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices
II. Docketed Proceeding(s)
1. Docket No(s).: MC2024–2 and
CP2024–2; Filing Title: USPS Request to
Add USPS Ground Advantage Contract
4 to Competitive Product List and
Notice of Filing Materials Under Seal;
Filing Acceptance Date: October 6,
2023; Filing Authority: 39 U.S.C. 3642,
39 CFR 3040.130 through 3040.135, and
39 CFR 3035.105; Public Representative:
Jennaca D. Upperman; Comments Due:
October 17, 2023.
This Notice will be published in the
Federal Register.
Erica A. Barker,
Secretary.
[FR Doc. 2023–22722 Filed 10–13–23; 8:45 am]
BILLING CODE 7710–FW–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–155, OMB Control No.
3235–0123]

ddrumheller on DSK120RN23PROD with NOTICES1

Submission for OMB Review;
Comment Request; Extension: Rule
17a–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
(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 extension of the
previously approved collection of
information discussed below.
Rule 17a–5 (17 CFR 240.17a–5) under
the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) is the basic financial
reporting rule for brokers and dealers.1
The rule requires the filing of Form X–
17A–5, the Financial and Operational
Combined Uniform Single Report
(‘‘FOCUS Report’’), which was the result
of years of study and comments by
representatives of the securities industry
through advisory committees and
through the normal rule proposal
methods. The FOCUS Report was
designed to eliminate the overlapping
regulatory reports required by various
self-regulatory organizations and the
Commission and to reduce reporting
burdens as much as possible. The rule
also requires the filing of annual reports,
which include a financial report and a
1 Rule 17a–5(c) requires a broker or dealer to
furnish certain of its financial information to
customers and is subject to a separate PRA filing
(OMB Control Number 3235–0199).

VerDate Sep<11>2014

17:03 Oct 13, 2023

Jkt 262001

compliance or exemption report as well
as reports of an independent public
accountant covering the financial report
and the compliance or exemption
report. In addition, the rule requires a
broker-dealer that computes certain
capital charges in accordance with
Appendix E to Exchange Act Rule 15c3–
1 (17 CFR 240.15c3–1e) to file
additional monthly or quarterly reports
and a supplemental report on
management controls concurrently with
its annual reports.
The Commission estimates that the
total hour burden under Rule 17a–5 is
approximately 397,467 hours per year,
and the total cost burden is
approximately $31,295,048 per year.
Since the last approval of this
information collection, the estimated
total burden hours per year has
increased due to more respondents
filing monthly reports rather than
quarterly reports under Rule 17a–5; the
estimated total cost burden per year has
decreased due to more filings being
submitted electronically.
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
November 15, 2023 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: October 10, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–22735 Filed 10–13–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
Notice is hereby given,
pursuant to the provisions of the
Government in the Sunshine Act, Public
Law 94–409, that the Securities and
Exchange Commission will hold an
Open Meeting on Wednesday, October
18, 2023 at 10:00 a.m. (ET).

TIME AND DATE:

PO 00000

Frm 00055

Fmt 4703

Sfmt 4703

71387

The meeting will be held in
Auditorium LL–002 at the
Commission’s headquarters, 100 F
Street NE, Washington, DC 20549 and
will be simultaneously webcast on the
Commission’s website at www.sec.gov.
STATUS: This meeting will begin at 10:00
a.m. (ET) and will be open to the public.
Seating will be on a first-come, firstserved basis. Visitors will be subject to
security checks. The meeting will be
webcast on the Commission’s website at
www.sec.gov.
MATTERS TO BE CONSIDERED: 1. The
Commission will consider whether to
propose a new rule to prohibit national
securities exchanges from offering
volume-based transaction pricing in
connection with the execution of
agency-related orders in NMS stocks;
and to require national securities
exchanges to have certain anti-evasion
rules and written policies and
procedures and disclose certain
information if they offer volume-based
transaction pricing for member
proprietary volume in those stocks.
CONTACT PERSON FOR MORE INFORMATION:
For further information and to ascertain
what, if any, matters have been added,
deleted or postponed, please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.
Authority: 5 U.S.C. 552b.
PLACE:

Dated: October 11, 2023.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023–22835 Filed 10–12–23; 11:15 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–094, OMB Control No.
3235–0085]

Submission for OMB Review;
Comment Request; Extension: Rule
17a–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.) (‘‘PRA’’), the
Securities and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for extension of the
previously approved collection of
information provided for in Rule 17a–
11, Notification Provisions for Brokers
and Dealers (17 CFR 240.17a–11), under
the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) (‘‘Exchange Act’’).

E:\FR\FM\16OCN1.SGM

16OCN1

ddrumheller on DSK120RN23PROD with NOTICES1

71388

Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices

Rule 17a–11 was adopted on July 11,
1971 in response to an operational crisis
in the securities industry between 1967
and 1970. Rule 17a–11 requires brokerdealers that are experiencing financial
or operational difficulties to provide
notice to the Commission, the brokerdealer’s designated examining authority
(‘‘DEA’’), and the Commodity Futures
Trading Commission (‘‘CFTC’’) if the
broker-dealer is registered with the
CFTC as a futures commission
merchant. Rule 17a–11 is an integral
part of the Commission’s financial
responsibility program which enables
the Commission, a broker-dealer’s DEA,
and the CFTC to increase surveillance of
a broker-dealer experiencing difficulties
and to obtain any additional
information necessary to gauge the
broker-dealer’s financial or operational
condition.
Rule 17a–11 also requires over-thecounter derivatives dealers and brokerdealers that are permitted to compute
net capital pursuant to Appendix E to
Exchange Act Rule 15c3–1 to notify the
Commission when their tentative net
capital drops below certain levels.
To ensure the provision of these types
of notices to the Commission, Rule 17a–
11 requires every national securities
exchange or national securities
association to notify the Commission
when it learns that a member brokerdealer has failed to send a notice or
transmit a report required under the
rule.
Compliance with the rule is
mandatory. The Commission will
generally not publish or make available
to any person notices or reports received
pursuant to Rule 17a–11. The
Commission believes that information
obtained under Rule 17a–11 relates to a
condition report prepared for the use of
the Commission, other federal
governmental authorities, and securities
industry self-regulatory organizations
responsible for the regulation or
supervision of financial institutions.
The Commission estimates that the
total hour burden under Rule 17a–11 is
approximately 274 hours per year.
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

VerDate Sep<11>2014

17:03 Oct 13, 2023

Jkt 262001

November 15, 2023 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: October 10, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–22732 Filed 10–13–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–427, OMB Control No.
3235–0476]

Submission for OMB Review;
Comment Request; Extension: Rule
10b–17
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 10b–17 (17 CFR 240.10b–17),
under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.).
Rule 10b–17 requires any issuer of a
class of securities publicly traded by the
use of any means or instrumentality of
interstate commerce or of the mails or
of any facility of any national securities
exchange to give notice of the following
specific distributions relating to such
class of securities: (1) a dividend or
other distribution in cash or in kind
other than interest payments on debt
securities; (2) a stock split or reverse
stock split; or (3) a rights or other
subscription offering. Notice shall be
either given to the Financial Industry
Regulatory Authority, Inc. as successor
to the National Association of Securities
Dealers, Inc. or in accordance with the
procedures of the national securities
exchange upon which the securities are
registered. The Commission may
exempt an issuer of over-the-counter
(but not listed) securities from the
notice requirement. The requirements of
Rule 10b–17 do not apply to redeemable
securities of registered open-end
investment companies or unit
investment trusts.

PO 00000

Frm 00056

Fmt 4703

Sfmt 9990

The information required by Rule
10b–17 is necessary for the execution of
the Commission’s mandate under the
Securities Exchange Act of 1934 to
prevent fraudulent, manipulative, and
deceptive acts and practices. The
Commission has found that not
requiring formal notices of the types of
distributions covered by Rule 10b–17
has led to a number of abuses including
purchasers not being aware of their
rights to such distributions. It is only
through formal notice of the
distribution, including the date of the
distribution, that current holders,
potential buyers, or potential sellers of
the securities at issue will know their
rights to the distribution and make an
informed decision as to whether to buy
or sell a security.
There are approximately 7,588
respondents per year. These
respondents make approximately 29,952
responses per year. Each response takes
approximately 10 minutes to complete.
Thus, the total hour burden per year is
approximately 4,992 hours. The total
internal labor cost of compliance for
respondents associated with providing
notice under Rule 10b–17 is
approximately $431,258.88.
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
November 15, 2023 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: October 10, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–22734 Filed 10–13–23; 8:45 am]
BILLING CODE 8011–01–P

E:\FR\FM\16OCN1.SGM

16OCN1


File Typeapplication/pdf
File Modified2023-10-13
File Created2023-10-14

© 2024 OMB.report | Privacy Policy