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Federal Register 30-Day Submission Notice

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Federal Register 30-Day Submission Notice
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2026-09-12
2026-09-12
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Federal Register / Vol. 91, No. 176 / Monday, September 14, 2026 / Notices
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include file number SR–
CboeBYX–2026–031 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to file
number SR–CboeBYX–2026–031. 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
internet website (https://www.sec.gov/
rules/sro.shtml). Copies of the filing will
be available for inspection and copying
at the principal office of the Exchange.
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–CboeBYX–2026–031
and should be submitted on or before
October 5, 2026.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026–18651 Filed 9–11–26; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[OMB Control No. 3235–0195]

khammond on DSK9W7S144PROD with NOTICE

Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Extension:
Rule 17Ab2–1 and Form CA–1
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 (‘‘SEC’’ or
‘‘Commission’’) is submitting to the
Office of Management and Budget
(‘‘OMB’’) this request for extension of

1 (651 burden hours per applicant × 3 applicants)
+ (60 hours per amendment × 10 amendments).

11 17 CFR 200.30–3(a)(12).

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20:33 Sep 11, 2026

the proposed collection of information
provided for in Rule 17Ab2–1 (17 CFR
240.17Ab2–1) and Form CA–1:
Registration of Clearing Agencies (17
CFR 249b.200) under the Securities
Exchange Act of 1934 (‘‘Exchange Act’’)
(15 U.S.C. 78a et seq.).
Rule 17Ab2–1 and Form CA–1 require
clearing agencies to register with the
Commission and to meet certain
requirements with regard to, among
other things, the clearing agency’s
organization, capacities, and rules. The
information is collected from the
clearing agency upon the initial
application for registration on Form
CA–1. Thereafter, information is
collected by amendment to the initial
Form CA–1 when changes in
circumstances that render certain
information on Form CA–1 inaccurate,
misleading, or incomplete necessitate
modification of the information
previously provided to the Commission.
The Commission uses the information
disclosed on Form CA–1 to: (1)
determine whether an applicant meets
the standards for registration set forth in
Section 17A of the Exchange Act, (2)
enforce compliance with the Exchange
Act’s registration requirement, and (3)
provide information about specific
registered clearing agencies for
compliance and investigatory purposes.
Without Rule 17Ab2–1, the Commission
could not perform these duties as
statutorily required.
The Commission staff estimates that
the Commission receives approximately
three new Form CA–1 applications, and
approximately ten amendments to
existing Forms CA–1, per year pursuant
to Rule 17Ab2–1. Recently, Commission
staff has seen an increase in the
complexity and length of Form CA–1
applications received, likely due to new
market developments such as cloud
computing, cybersecurity, sponsored
clearing, Distributed Ledger
Technology, and Treasury clearing
products. As such, the Commission staff
estimates that the Form CA–1 would
take approximately 651 hours to
complete and submit for approval, and
amending an existing Form CA–1 would
take approximately 60 hours to
complete and submit. Consequently, the
aggregate annual burden associated with
compliance with Rule 17Ab2–1 and
Form CA–1 is approximately 2553
hours.1
The Commission staff estimates that,
in order to complete a new Form CA–
1, 611 hours of a Lawyer’s time

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(estimated at $744 per hour) 2 and 40
hours of a Chief Executive’s time
(estimated at $999 per hour) would be
required, resulting in an internal cost of
compliance of approximately $494,544
for a new applicant.3 For an amendment
of an existing Form CA–1, the staff
estimates that 40 hours of a Lawyer’s
time and 20 hours of a Chief Executive’s
time would be required, resulting in an
internal cost of compliance of $49,740.4
Therefore, the total annualized internal
cost of compliance is estimated to be
approximately $1,981,032.5
The external costs associated with
work on Form CA–1 include fees
charged by outside lawyers and
accountants to assist the applicant or
registrant to collect and prepare the
information sought by the form (though
such consultations are not required by
the Commission). The staff estimates
that these external costs are more likely
when novel questions arise. Recently,
the staff has seen an increase in the
number of novel issues presented in
applications and amendments. The staff
estimates an annual external cost of 60
hours of an external Lawyer’s time
(estimated at $498 per hour) and 10
hours of an external Accountant’s time
(estimated at $241 per hour) for
preparation of a Form CA–1 application,
resulting in an external cost of $32,290
per year per applicant, with an aggregate
external cost of approximately $96,870
2 For purposes of calculating the dollar cost
burdens associated with applicants using Form CA–
1, the Commission relies on the Occupational
Employment and Wage Statistics (‘‘OEWS’’) from
the U.S. Bureau of Labor Statistics (‘‘BLS’’). See
Occupational Employment and Wage Classification,
U.S. Bureau of Labor Statistics, https://
www.bls.gov/oes/; see also Standard Occupational
Classification, U.S. Bureau of Labor Statistics,
https://www.bls.gov/soc/ (describing occupational
classification system used by BLS); Exec. Off. of the
President, Off. of Mgmt. & Budget, North American
Industrial Classification System (2022), available at
https://www.census.gov/naics/reference_files_tools/
2022_NAICS_Manual.pdf (describing the industry
adjusted for changes in the seasonally adjusted
employment cost index for private wages and
salaries between the data reference period and
when the data are released by BLS. See
Employment Cost Index, U.S. Bureau of Labor
Statistics, https://www.bls.gov/eci/. The adjusted
mean hourly wage is then multiplied by a factor
that accounts for nonwage costs borne by
employers, such as bonuses, benefits, and overhead.
This factor is calculated as an average over the 10
most recently available years of data of the ratio of
the Bureau of Economic Analysis’s annual gross
output data for the North American Industry
Classification System (‘‘NAICS) number to total
annual wages across all occupations for the NAICS
number in the OEWS data.
3 (611 burden hours for a lawyer per applicant ×
$744 per hour) + (40 burden hours for a Chief
Executive per applicant × $999 per hour).
4 (40 burden hours for a lawyer per amendment
× $744 per hour) + (20 burden hours for a Chief
Executive per amendment × $999 per hour).
5 (3 respondents × $494,544 per application) + (10
respondents × $49,740 per amendment).

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58222

Federal Register / Vol. 91, No. 176 / Monday, September 14, 2026 / Notices

per year.6 The staff estimates an annual
external cost of 5 hours of an external
Lawyer’s time (estimated at $498 per
hour) for preparation of a Form CA–1
amendment, resulting in an external
cost of $2,490 per year per clearing
agency, with an aggregate external cost
of approximately $24,900 per year.7
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 OMB
Control Number.
The public may view and comment
on this information collection request
at: https://www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=202607-3235-001
or email comment to MBX.OMB.
[email protected]
within 30 days of the day after
publication of this notice, by October
15, 2026.
Dated: September 9, 2026.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026–18635 Filed 9–11–26; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–106300; File No. SR–NYSE–
2026–40]

Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Add a New
Partial Cabinet Solution Bundle As
Part of Its Co-Location Services
September 9, 2026.

khammond on DSK9W7S144PROD with NOTICE

Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on August
26, 2026, New York Stock Exchange
LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
6 (60 burden hours for a lawyer per applicant ×
3 applications per year × $498 per hour) + (10
burden hours for an accountant per applicant × 3
applications per year × $241 per hour).
7 5 burden hours for a lawyer per amendment ×
10 amendments per year × $498 per hour.
1 15 U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.

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I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to add a new
Partial Cabinet Solution bundle as part
of its co-location services and change
the wording in the existing Partial
Cabinet Solution bundle. The
description of the Partial Cabinet
Solution bundles and related fees in the
Connectivity Fee Schedule (‘‘Fee
Schedule’’) would be updated
accordingly. The proposed rule change
is available on the Exchange’s website at
www.nyse.com and at the principal
office of the Exchange.
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
self-regulatory organization 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 those 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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to add a new
Partial Cabinet Solution (‘‘PCS’’) bundle
as part of its co-location services and
change the wording in the existing PCS
bundle. Specifically, the Exchange
proposes to add a 4 kW PCS bundle and
change the reference to ‘‘Precision
Timing Protocol’’ in the existing PCS
bundle. The description of the PCS
bundles and related fees in the Fee
Schedule would be updated
accordingly.
The Exchange expects that the
proposed rule change would become
operative no later than October 31,
2026. The Exchange will announce the
date through a customer notice.
Background
Currently, the Exchange offers Users 4
a PCS bundle which includes a 2 kW
4 For purposes of the Exchange’s colocation
services, a ‘‘User’’ means any market participant
that requests to receive colocation services directly
from the Exchange. See Securities Exchange Act
Release No. 76008 (September 29, 2015), 80 FR
60190 (October 5, 2015) (SR–NYSE–2015–40). As
specified in the Fee Schedule, a User that incurs
colocation fees for a particular colocation service
pursuant thereto would not be subject to colocation

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partial cabinet; access to the Liquidity
Center Network (‘‘LCN’’) and internet
protocol (‘‘IP’’) network, the local area
networks available in the data center;
two NMS network 5 connections, two
fiber cross connections; and
connectivity to one of two time feeds.6
In addition to other requirements, a
User and its Affiliates 7 must have an
Aggregate Cabinet Footprint 8 of 2 kW or
less to qualify for the PCS bundle.
The PCS bundles were designed to
attract smaller Users, including those
with minimal power or cabinet space
demands or those for which the costs
attendant with having a dedicated
cabinet or greater network connection
bandwidth are too burdensome.9 That
has not changed. But as hardware and
other infrastructure has evolved, even
those with minimal demands need more
power to meet the requirements of their
hardware, such that even smaller Users
may find the existing 2 kW PCS bundle
inadequate to meet their needs.
Proposed Changes
To respond to Users’ increased power
needs, the Exchange proposes to offer an
additional 4 kW PCS bundle. To
differentiate it from the existing 2 kW
PCS bundle, the Exchange proposes to
label them as Options A and B. Like the
existing 2 kW PCS Option A, the
proposed Option B would be sized to
meet the needs of smaller Users and
their current power needs.
At the same time, the Exchange
proposes to change the reference to
‘‘Precision Timing Protocol’’ to
‘‘Precision Time Protocol’’ in the
existing PCS bundle, to conform the
fees for the same colocation service charged by
NYSE American LLC, NYSE Arca, Inc., NYSE
National, Inc. and NYSE Texas, Inc. (together, the
‘‘Affiliate SROs’’). Each Affiliate SRO has submitted
substantially the same proposed rule change to
propose the change described herein.
5 The NMS Network is an alternate dedicated
network connection that Users use to access the
NMS feeds for which the Securities Industry
Automation Corporation is engaged as the securities
information processor. Securities Exchange Act
Release No. 88837 (May 7, 2020), 85 FR 28671 (May
13, 2020) (SR–NYSE–2019–46, SR–NYSEAMER–
2019–34, SR–NYSEArca–2019–61, SR–NYSENAT–
2019–19).
6 See Securities Exchange Act Release No. 97747
(June 16, 2023), 88 FR 41455 (June 26, 2023) (SR–
NYSE–2023–23).
7 An ‘‘Affiliate’’ of a User is any other User or
Hosted Customer that is under 50% or greater
common ownership or control of the first User. Fee
Schedule, p 1.
8 The ‘‘Aggregate Cabinet Footprint’’ of a User is
the total kW of the User’s cabinets, including both
partial and dedicated cabinets. Fee Schedule, p 1.
9 See Securities Exchange Act No. 77072
(February 5, 2016), 81 FR 7394 (February 11, 2016)
(SR–NYSE–2015–53).

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