60 Day Notice

89 FR 59940 (OMB 3235-0028).pdf

Retention of Fingerprint Cards (17 CFR 240.17f-2(d))

60 Day Notice

OMB: 3235-0028

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59940

Federal Register / Vol. 89, No. 142 / Wednesday, July 24, 2024 / Notices

cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–OWCP.
Title of Collection: Notice of
Controversion of Right to
Compensation.
OMB Control Number: 1240–0042.
Affected Public: Private Sector—
Businesses or other for-profits.
Total Estimated Number of
Respondents: 550.
Total Estimated Number of
Responses: 23,928.
Total Estimated Annual Time Burden:
5,982 hours.
Total Estimated Annual Other Costs
Burden: $1,858.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Michelle Neary,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2024–16194 Filed 7–23–24; 8:45 am]
BILLING CODE 4510–CF–P

SECURITIES AND EXCHANGE
COMMISSION

ddrumheller on DSK120RN23PROD with NOTICES1

[Release No. 34–100552; File No. SR–OCC–
2024–001]

Self-Regulatory Organizations;
Options Clearing Corporation; Notice
of Designation of Longer Period for
Commission Action on Proceedings To
Determine Whether To Approve or
Disapprove a Proposed Rule Change
by The Options Clearing Corporation
Concerning Its Process for Adjusting
Certain Parameters in Its Proprietary
System for Calculating Margin
Requirements During Periods When
the Products It Clears and the Markets
It Serves Experience High Volatility
July 18, 2024.

On January 10, 2024, the Options
Clearing Corporation (‘‘OCC’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the

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proposed rule change SR–OCC–2024–
001 pursuant to Section 19(b) of the
Securities Exchange Act of 1934
(‘‘Exchange Act’’) 1 and Rule 19b–4 2
thereunder to codify OCC’s process for
adjusting certain parameters in its
proprietary system for calculating
margin requirements during periods
when the products OCC clears and the
markets it serves experience high
volatility.3 The proposed rule change
was published for public comment in
the Federal Register on January 25,
2024.4 The Commission has received
comments regarding the proposed rule
change.5
On February 23, 2024, pursuant to
Section 19(b)(2) of the Exchange Act,6
the Commission designated a longer
period within which to approve,
disapprove, or institute proceedings to
determine whether to approve or
disapprove the proposed rule change.7
On April 22, 2024, the Commission
instituted proceedings, pursuant to
Section 19(b)(2)(B) of the Exchange
Act,8 to determine whether to approve
or disapprove the proposed rule
change.9
Section 19(b)(2) of the Exchange
Act 10 provides that proceedings to
determine whether to approve or
disapprove a proposed rule change must
be concluded within 180 days of the
date of publication of notice of filing of
the proposed rule change. The time for
conclusion of the proceedings may be
extended for up to 60 days if the
Commission determines that a longer
period is appropriate and publishes the
reasons for such determination.11 The
180th day after publication of the Notice
in the Federal Register is July 23, 2024.
The Commission is extending the
period for Commission action on the
proposed rule change. The Commission
finds that it is appropriate to designate
a longer period within which to take
action on the proposed rule change so
that the Commission has sufficient time
to consider the issues raised by the
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Notice of Filing infra note 4, at 89 FR 5062.
4 Securities Exchange Act Release No. 99393 (Jan.
19, 2024), 89 FR 5062 (Jan. 25, 2024) (File No. SR–
OCC–2024–001) (‘‘Notice of Filing’’).
5 Comments on the proposed rule change are
available at https://www.sec.gov/comments/sr-occ2024-001/srocc2024001.htm.
6 15 U.S.C. 78s(b)(2).
7 Securities Exchange Act Release No. 99594 (Feb.
23, 2024), 89 FR 14909 (Feb. 29, 2024) (File No. SR–
OCC–2024–001).
8 15 U.S.C. 78s(b)(2)(B).
9 Securities Exchange Act Release No. 100009
(Apr. 22, 2024), 89 FR 32469 (Apr. 26, 2024) (File
No. SR–OCC–2024–001).
10 15 U.S.C. 78s(b)(2).
11 15 U.S.C 78s(b)(2)(B)(ii)(II).

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proposed rule change and to take action
on the proposed rule change.
Accordingly, pursuant to Section
19(b)(2)(B)(ii)(II) of the Exchange Act,12
the Commission designates September
21, 2024, as the date by which the
Commission should either approve or
disapprove the proposed rule change
SR–OCC–2024–001.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2024–16218 Filed 7–23–24; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–036, OMB Control No.
3235–0028]

Proposed Collection; Comment
Request; Extension: Rule 17f–2(d)
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 17f–2(d) (17 CFR
240.17f–2(d)), under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.). The Commission plans to submit
this existing collection of information to
the Office of Management and Budget
(‘‘OMB’’) for extension and approval.
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 for Rule
17f–2 is to: (i) identify security risk
personnel; (ii) provide criminal record
12 Id.
13 17

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CFR 200.30–3(a)(57).

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Federal Register / Vol. 89, No. 142 / Wednesday, July 24, 2024 / Notices
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 required 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.
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 by
September 23, 2024.
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: Austin Gerig, Director/Chief Data
Officer, Securities and Exchange

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Commission, c/o Oluwaseun Ajayi, 100
F Street NE, Washington, DC 20549, or
send an email to: PRA_Mailbox@
sec.gov.
Dated: July 18, 2024.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2024–16231 Filed 7–23–24; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–100551; File No. SR–
CboeBZX–2024–065]

Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Modify the
Fees the Exchange Charges
Companies Seeking a Review of a
Delisting Determination, Public
Reprimand Letter, or Written Denial of
an Initial Listing Application
July 18, 2024.

Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (‘‘Act’’)
and Rule 19b–4 thereunder,2 notice is
hereby given that on July 3, 2024, Cboe
BZX Exchange, Inc. (the ‘‘Exchange’’ or
‘‘BZX’’) 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 BZX Exchange, Inc. (‘‘BZX’’ or
the ‘‘Exchange’’) is filing with the
Securities and Exchange Commission
(‘‘Commission’’ or ‘‘SEC’’) a proposed
rule change to modify the fees the
Exchange charges Companies seeking a
review of a Delisting Determination,
public reprimand letter, or written
denial of an initial listing application.
The text of the proposed rule change is
provided in Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (http://markets.cboe.com/us/
equities/regulation/rule_filings/BZX/),
at the Exchange’s Office of the
Secretary, and at the Commission’s
Public Reference Room.

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U.S.C. 78s(b)(1).
CFR 240.19b–4.

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59941

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
Pursuant to Exchange Rule 14.12(h),
Companies 3 may seek review of a
determination by the Exchange’s Listing
Qualifications Department 4 to deny
initial or delisting a Company’s
securities or to issue a Public
Reprimand Letter,5 by requesting a
hearing before an independent Hearings
Panel (the ‘‘Hearings Panel’’).6 Exchange
Rule 14.12(h)(1)(C) provides that a
Company requesting a hearing must,
within 15 calendar days of the Staff
Delisting Determination,7 must submit a
hearing fee. Hearing fees are currently
charged as follows: (i) when the
Company has requested a written
hearing, $1,000; or (ii) when the
Company has requested an oral hearing,
whether in person or by telephone,
$5,000. Companies may also appeal a
Hearings Panel decision to the Exchange
Listing Council.8 Exchange Rule
14.12(i)(1) requires a Company seeking
such an appeal to submit a fee of $4,000.
The Exchange has not amended these
fees since the Exchange listing rules
were originally adopted in 2011.9 The
Exchange now proposes to (i) increase
the hearing fee for both written and oral
hearings to $20,000; and (ii) increase the
fee to appeal a Hearings Panel decision
3 See

Exchange Rule 14.1(a)(3).
Exchange Rule 14.12(b)(7).
5 See Exchange Rule 14.12(b)(9).
6 See Exchange Rule 14.12(b)(5).
7 See Exchange Rule 14.12(b)(11).
8 See Exchange Rule 14.12(b)(6).
9 See Securities Exchange Act Release Nos. 64546
(May 25, 2011) 76 FR 31660 (June 1, 2011) (SR–
BATS–2011–018) (Notice of Filing of Proposed Rule
Change To Adopt Rules for the Qualification,
Listing and Delisting of Companies on the
Exchange); 65225 (August 30, 2011) 76 FR 55148
(September 6, 2011) (Order Approving Proposed
Rule Change To Adopt Rules for the Qualification,
Listing and Delisting of Companies on the
Exchange).
4 See

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