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Federal Register 30-Day Submission Notice
ICR 202607-3235-001 · OMB 3235-0195 · Object 172956400.
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| File Type | application/pdf |
|---|---|
| File Title | Federal Register 30-Day Submission Notice |
| Last Modified By | govinfo, U. S. Government Publishing Office |
| File Modified | 2026-09-12 |
| File Created | 2026-09-12 |
| Conversion State | complete |
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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). VerDate Sep<11>2014 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 Jkt 268001 PO 00000 Frm 00166 Fmt 4703 Sfmt 4703 58221 (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). E:\FR\FM\14SEN1.SGM 14SEN1 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. VerDate Sep<11>2014 18:36 Sep 11, 2026 Jkt 268001 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 PO 00000 Frm 00167 Fmt 4703 Sfmt 4703 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). E:\FR\FM\14SEN1.SGM 14SEN1