30 Day Notice

89 FR 79984 (OMB 3235–0624).pdf

Regulation R-Rule Rule 701. Exemption from the definition of "broker" for certain institutional referrals.

30 Day Notice

OMB: 3235-0624

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79984

Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices

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of investors and the public interest
consistent with Section 17A(b)(3)(F) of
the Exchange Act by providing more
control to Clearing Members in
allocating give-ups. For example, a
Given-Up Clearing Member will have
control to designate the account to
which positions should be allocated and
a Giving-Up Clearing Member will no
longer be required to designate the
specific account when it may or may not
know the correct account. OCC believes
that this would protect investors by
reducing potential operational risk
arising from a Giving-Up Clearing
Member selecting the incorrect account
of the Given-Up Clearing Member. This
change would also provide a more
efficient means for Giving-Up Clearing
Members to ensure positions are
allocated to the desired account, which
efficiencies OCC believes helps removes
impediments to and perfect the
mechanism of a national system for the
prompt and accurate clearance and
settlement of securities transactions.36
(B) Clearing Agency’s Statement on
Burden on Competition
Section 17A(b)(3)(I) of the Exchange
Act 37 requires that the rules of a
clearing agency not impose any burden
on competition not necessary or
appropriate in furtherance of the
purposes of the Exchange Act. OCC does
not believe that the proposed rule
changes related to discontinuing OCC’s
settlement of fees and commissions for
Clearing Member CMTA arrangements,
elimination of the unused associated
Market Maker account subtype, and
rendering OTC option services
inoperative would impact or impose any
burden on competition. Neither of these
services have been used by Clearing
Members for at least six years, and the
proposed changes would apply equally
to all Clearing Members. Regarding the
proposed rule change to no longer
require a Clearing Member to keep
records of its counterparties to
confirmed trades, OCC believes that this
change will remove any burden on
competition that could arise from
Clearing Members developing solutions
to support functionality not required for
clearing and settlement purposes. In
that regard, OCC believes that this
proposed rule change promotes greater
consistency with Section 17A(b)(3)(I) of
the Exchange Act.38
For the foregoing reasons, OCC
believes that the proposed rule change
is in the public interest, would be
consistent with the requirements of the
36 15
37 15

U.S.C. 78q–1(b)(3)(F).
U.S.C. 78q–1(b)(3)(I).

38 Id.

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Exchange Act applicable to clearing
agencies, and either would not impact
or impose a burden on competition or
would help alleviate potential burdens
on competition.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule Change
Received From Members, Participants or
Others
Written comments were not and are
not intended to be solicited with respect
to the proposed rule change and none
have been received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) by order approve or disapprove
such proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
The proposal shall not take effect
until all regulatory actions required
with respect to the proposal are
completed.
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:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules-regulations/self-regulatoryorganization-rulemaking); or
• Send an email to rule-comments@
sec.gov. Please include file number SR–
OCC–2024–013 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Vanessa Countryman, Secretary,
Securities and Exchange Commission,
100 F Street NE, Washington, DC
20549–1090.
All submissions should refer to file
number SR–OCC–2024–013. 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

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internet website (https://www.sec.gov/
rules-regulations/self-regulatoryorganization-rulemaking). 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
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at the principal office of OCC
and on OCC’s website at https://
www.theocc.com/CompanyInformation/Documents-and-Archives/
By-Laws-and-Rules.
Do not include personal identifiable
information in submissions; you should
submit only information that you wish
to make available publicly. We may
redact in part or withhold entirely from
publication submitted material that is
obscene or subject to copyright
protection.
All submissions should refer to file
number SR–OCC–2024–013 and should
be submitted on or before October 22,
2024.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.39
Vanessa Countryman,
Secretary.
[FR Doc. 2024–22412 Filed 9–30–24; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–562, OMB Control No.
3235–0624]

Submission for OMB Review;
Comment Request; Extension:
Regulation R, Rule 701
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
39 17

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CFR 200.30–3(a)(12).

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Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the previously approved
collection of information provided for in
Regulation R, Rule 701 (17 CFR 247.701)
under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.).
Regulation R, Rule 701 requires a
broker or dealer (as part of a written
agreement between the bank and the
broker or dealer) to notify the bank if the
broker or dealer makes certain
determinations regarding the financial
status of the customer, a bank
employee’s statutory disqualification
status, and compliance with suitability
or sophistication standards.
The Commission estimates there are
3,402 registered brokers or dealers that
would, on average, notify 1,000 banks
approximately two times annually about
a determination regarding a customer’s
high net worth or institutional status or
suitability or sophistication standing as
well as a bank employee’s statutory
disqualification status. Based on these
estimates, the Commission anticipates
that Regulation R, Rule 701 would result
in brokers or dealers making
approximately 2,000 notifications to
banks per year. The Commission further
estimates (based on the level of
difficulty and complexity of the
applicable activities) that a broker or
dealer would spend approximately 15
minutes per notice to a bank. Therefore,
the estimated total annual third-party
disclosure burden for the requirements
in Regulation R, Rule 701 is 500 1 hours
for brokers or dealers.
The retention period for the
recordkeeping requirement under Rule
17Ad–2(c), (d), and (h) 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 transfer agents who fail to
meet the minimum performance
standards set by the Commission rule.
This rule does not involve the collection
of confidential information. Please note
that a transfer agent is not required to
file under the rule unless it does not
meet the minimum performance
standards for turnaround, processing or
forwarding items received for transfer
during a month.
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
banks × 2 notices = 2,000 notices; (2,000
notices × 15 minutes) = 30,000 minutes/60 minutes
= 500 hours.

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
October 31, 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: September 25, 2024.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2024–22402 Filed 9–30–24; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–101191; File No. SR–MIAX–
2024–38]

Self-Regulatory Organizations; Miami
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Make a Number of Minor,
Non-Substantive Edits to Exchange’s
Rulebook and Delete All References to
Mini-Options in the Rulebook
September 25, 2024.

Pursuant to the provisions of 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 September 17, 2024, Miami
International Securities Exchange, LLC
(‘‘MIAX’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) a proposed rule change
as described in Items I and II 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
The Exchange proposes to make a
number of minor, non-substantive edits
to Exchange’s Rulebook and delete all
references to mini-options in the
Rulebook.
The text of the proposed rule change
is available on the Exchange’s website at
https://www.miaxglobal.com/markets/

1 1,000

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1 15
2 17

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U.S.C. 78s(b)(1).
CFR 240.19b–4.

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79985

us-options/miax-options/rule-filings, at
MIAX’s principal office, 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
Proposal To Amend Exchange Rule 100
The Exchange proposes to amend
Exchange Rule 100 to make minor, nonsubstantive edits and clarifying changes
to provide accuracy and precision
within the rule text.
Specifically, the Exchange proposes to
amend the definition of Market Makers 3
in Exchange Rule 100 to move the
comma after ‘‘Lead Market Makers’’
from outside to inside the quotation
marks for grammatical correctness and
clarity in the rule text. Additionally, the
Exchange proposes to add a comma
before the conjunction ‘‘and’’ (i.e.
between ‘‘Primary Lead Market Makers’’
and ‘‘Registered Market Makers’’),
where the comma will be placed inside
the closing quotation mark.
Accordingly, with the proposed
changes, the definition of Market
Makers in Exchange Rule 100 will read
as follows:
The term ‘‘Market Makers’’ refers to ‘‘Lead
Market Makers,’’ ‘‘Primary Lead Market
Makers,’’ and ‘‘Registered Market Makers’’
collectively.

Proposal To Amend Interpretations and
Policies .01 of Exchange Rule 521
The Exchange proposes to amend
Interpretations and Policies .01 of
Exchange Rule 521 to make a minor,
non-substantive edit to provide
accuracy and precision within the rule
text.
Specifically, the Exchange proposes to
amend Interpretations and Policies .01
3 The term ‘‘Market Makers’’ refers to ‘‘Lead
Market Makers’’, ‘‘Primary Lead Market Makers’’
and ‘‘Registered Market Makers’’ collectively. See
Exchange Rule 100.

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