30 Day Notice

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Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Notices

The Exchange notes that the proposed
change is not otherwise intended to
address any other issues surrounding
regulatory fees, and the Exchange is not
aware of any problems that ATP Holders
would have in complying with the
proposed change.

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2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,9 in general, and
furthers the objectives of Sections
6(b)(4) and 6(b)(5),10 in particular,
because it provides for the equitable
allocation of reasonable dues, fees, and
other charges among its members,
issuers, and other persons using its
facilities and does not unfairly
discriminate between customers,
issuers, brokers, or dealers.
The Exchange believes that the
proposed fee change is reasonable
because the fee will be identical to that
adopted by FINRA as of January 2, 2022
for use of the CRD system to submit a
Form U4. The costs of operating and
improving the CRD system are similarly
borne by FINRA when a Non-FINRA
ATP Holder uses the CRD system;
accordingly, the fees collected for such
use should, as proposed by the
Exchange, mirror the fees assessed to
FINRA members. In addition, as FINRA
noted in amending its fees, it believes
that its proposed pricing structure is
reasonable and correlates fees with the
components that drive its regulatory
costs to the extent feasible.
The Exchange also believes that the
proposed fee change provides for the
equitable allocation of reasonable fees
and other charges, and does not unfairly
discriminate between customers,
issuers, brokers, and dealers. The fee
applies equally to all individuals and
firms required to report information to
the CRD system, and the proposed
change will result in the same
regulatory fee being charged to all ATP
Holders required to report information
to the CRD system and for services
performed by FINRA regardless of
whether such ATP Holders are FINRA
members. Accordingly, the Exchange
believes that the fee collected for such
use should increase in lockstep with the
fee adopted by FINRA as of January 2,
2022, as is proposed by the Exchange.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance

of the purposes of the Act. Specifically,
the Exchange believes that the proposed
change will reflect the fee that will be
assessed by FINRA for Form U4 filings
as of January 2, 2022 and will thus
result in the same regulatory fees being
charged to all ATP Holders required to
report information to the CRD system
and for services performed by FINRA,
regardless of whether or not such ATP
Holders are FINRA members.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 11 of the Act and
subparagraph (f)(2) of Rule 19b–4 12
thereunder, because it establishes a due,
fee, or other charge imposed by the
Exchange.
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 13 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
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 (http://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEAMER–2021–47 on the subject
line.
11 15

9 15

U.S.C. 78s(b)(3)(A).
12 17 CFR 240.19b–4(f)(2).
13 15 U.S.C. 78s(b)(2)(B).

U.S.C. 78f(b).
U.S.C. 78f(b)(4) & (5).

10 15

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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–NYSEAMER–2021–47. 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 (http://www.sec.gov/
rules/sro.shtml). 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
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NYSEAMER–2021–47 and
should be submitted on or before
February 1, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–00264 Filed 1–10–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–034, OMB Control No.
3235–0034]

Submission for OMB Review;
Comment Request; Extension: Rule
17f–2(a)
Upon Written Request, Copies Available
From: Securities and Exchange
14 17

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CFR 200.30–3(a)(12).

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Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Notices
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.) (‘‘PRA’’), 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 17f–2(a) (17 CFR 240.17f–2(a)),
under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.).
Rule 17f–2(a) (Fingerprinting
Requirements for Securities
Professionals) requires that securities
professionals be fingerprinted. This
requirement serves to identify securityrisk personnel, to allow an employer to
make fully informed employment
decisions, and to deter possible
wrongdoers from seeking employment
in the securities industry. Partners,
directors, officers, and employees of
exchanges, brokers, dealers, transfer
agents, and clearing agencies are
included.
The Commission staff estimates that
approximately 4,480 respondents will
submit an aggregate total of 289,780 new
fingerprint cards each year or
approximately 65 fingerprint cards per
year per registrant. The staff estimates
that the average number of hours
necessary to complete a fingerprint card
is one-half hour. Thus, the total
estimated annual burden is 144,890
hours for all respondents (289,780 times
one-half hour). The average internal cost
of compliance per hour is
approximately $283. Therefore, the total
estimated annual internal cost of
compliance for all respondents is
$41,003,870 (144,890 times $283).
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
within 30 days of publication of this
notice to (i) www.reginfo.gov/public/do/
PRAMain and (ii) David Bottom,
Director/Chief Information Officer,
Securities and Exchange Commission,

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c/o John R. Pezzullo, 100 F Street NE,
Washington, DC 20549, or by sending an
email to: PRA_Mailbox@sec.gov.
Dated: January 5, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–00255 Filed 1–10–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–93904; File No. SR–NYSE–
2021–77]

Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend Its
Price List With Respect to a Regulatory
Fee Related to the Central Registration
Depository
January 5, 2022.

Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on December
22, 2021, 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, II, and III below, which Items
have been prepared by the selfregulatory organization. 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 amend its
Price List (the ‘‘Price List’’) with respect
to a regulatory fee related to the Central
Registration Depository (‘‘CRD system’’),
which is collected by the Financial
Industry Regulatory Authority, Inc.
(‘‘FINRA’’). The Exchange proposes to
implement the fee change on January 2,
2022. The proposed rule change is
available on the Exchange’s website at
www.nyse.com, at the principal office of
the Exchange, 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
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
1 15

U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15

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1463

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 amend the
Price List with respect to a regulatory
fee collected by FINRA for use of the
CRD system.4 The Exchange proposes to
implement the fee change on January 2,
2022.
FINRA collects and retains certain
regulatory fees via the CRD system for
the registration of associated persons of
member organizations of the Exchange
that are not FINRA members (‘‘NonFINRA Member Organizations’’).5 The
CRD system fees are user-based, and
there is no distinction in the cost
incurred by FINRA if the user is a
FINRA member or a Non-FINRA
Member Organization.
FINRA recently amended one of the
fees assessed for use of the CRD
system.6 Accordingly, the Exchange
proposes to amend the Price List to
mirror the fee assessed by FINRA,
which will be implemented
concurrently with the amended FINRA
fee on January 2, 2022.7 Specifically, the
4 The CRD system is the central licensing and
registration system for the U.S. securities industry.
The CRD system enables individuals and firms
seeking registration with multiple states and selfregulatory organizations to do so by submitting a
single form, fingerprint card, and a combined
payment of fees to FINRA. Through the CRD
system, FINRA maintains the qualification,
employment, and disciplinary histories of
registered associated persons of broker-dealers.
5 The Exchange originally adopted fees for use of
the CRD system in 2001 and amended those fees in
2013. See Securities Exchange Act Release Nos.
45112 (November 28, 2001), 66 FR 63086
(December 4, 2001) (SR–NYSE–2001–47); 68587
(January 4, 2013), 78 FR 2467 (January 11, 2013)
(SR–NYSE–2012–77). While the Exchange lists
these fees in its Price List, it does not collect or
retain these fees.
6 See Securities Exchange Act Release No. 90176
(October 14, 2020), 85 FR 66592 (October 20, 2020)
(SR–FINRA–2020–032).
7 The Exchange notes that it has only adopted the
CRD system fees charged by FINRA to Non-FINRA
Member Organizations when such fees are
applicable. In this regard, certain FINRA CRD
system fees and requirements are specific to FINRA
members, but do not apply to NYSE-only member
organizations. Non-FINRA Member Organizations
have been charged CRD system fees since 2001. See
note 5, supra. Member organizations that are also
FINRA members are charged CRD system fees
according to Section 4 of Schedule A to the FINRA
By-Laws.

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