30 Day Notice

89 FR 80969 (OMB 3235–0498).pdf

Rule 17a-12; Reporting Requirements for OTC Derivatives Dealers.

30 Day Notice

OMB: 3235-0498

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Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices
under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.).
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 of Rule
17f–2 is to: (i) identify security risk
personnel; (ii) provide criminal record
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 covered 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.

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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 4, 2024 to (i)
www.reginfo.gov/public/do/PRAMain
and (ii) Austin Gerig, Director/Chief
Data Officer, Securities and Exchange
Commission, c/o Oluwaseun Ajayi, 100
F Street NE, Washington, DC 20549, or
by sending an email to: PRA_Mailbox@
sec.gov.
Dated: October 1, 2024.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2024–23003 Filed 10–3–24; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–442, OMB Control No.
3235–0498]

Submission for OMB Review;
Comment Request; Extension: Rule
17a–12
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–12 (17 CFR 240.17a–12) and
Part II of Form X–17A–5 (17 CFR
249.617) under the Securities Exchange
Act of 1934 (15 U.S.C. 78a et seq.).
Rule 17a–12 is the reporting rule
tailored specifically for over-the-counter
(‘‘OTC’’) derivatives dealers registered
with the Commission, and Part II of
Form X–17A–5, the Financial and
Operational Combined Uniform Single
(‘‘FOCUS’’) Report, is the basic

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80969

document for reporting the financial
and operational condition of OTC
derivatives dealers. Rule 17a–12
requires registered OTC derivatives
dealers to file Part II of the FOCUS
Report quarterly. Rule 17a–12 also
requires that OTC derivatives dealers
file audited reports annually.
The reports required under Rule 17a–
12 provide the Commission with
information used to monitor the
operations of OTC derivatives dealers
and to enforce their compliance with
the Commission’s rules. These reports
also enable the Commission to review
the business activities of OTC
derivatives dealers and to anticipate,
where possible, how these dealers may
be affected by significant economic
events.
The Commission estimates that the
total hour burden under Rule 17a–12 is
approximately 540 hours per year, and
the total cost burden is approximately
$138,900 per year.
The retention period for the
recordkeeping requirement under Rule
17a–12 is not less than two years
following the date the notice is
submitted. The recordkeeping
requirement under this rule is
mandatory to assist the Commission in
monitoring OTC derivatives dealers.
This rule does not involve the collection
of confidential information.
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 4, 2024 to (i)
www.reginfo.gov/public/do/PRAMain
and (ii) Austin Gerig, Director/Chief
Data Officer, Securities and Exchange
Commission, c/o Oluwaseun Ajayi, 100
F Street NE, Washington, DC 20549, or
by sending an email to: PRA_Mailbox@
sec.gov.
Dated: October 1, 2024.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2024–23004 Filed 10–3–24; 8:45 am]
BILLING CODE 8011–01–P

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