60 Day Notice

3235-0696 2021-24429.pdf

Registration Requirements for Security-based Swap Dealers and Major Security-based Swap Participants

60 Day Notice

OMB: 3235-0696

Document [pdf]
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Federal Register / Vol. 86, No. 214 / Tuesday, November 9, 2021 / Notices
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 in
writing within 60 days of this
publication.
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: David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o John R.
Pezzullo, 100 F Street NE, Washington,
DC 20549, or send an email to: PRA_
Mailbox@sec.gov.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–24425 Filed 11–8–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–642, OMB Control No.
3235–0696]

Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736

jspears on DSK121TN23PROD with NOTICES1

Extension:
Rules 15Fb1–1 through 15Fb6–2 and
Forms SBSE, SBSE–A, SBSE–BD, SBSE–
C and SBSE–W

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 Rules 15Fb1–1 through
15Fb6–2 and Forms SBSE, SBSE–A,
SBSE–BD, SBSE–C and SBSE–W (17
CFR 240.15Fb1–1 through 240.15Fb6–2,
and 17 CFR 249.1600, 249.1600a,
249.1600b, 249.1600c and 249.1601),
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.
The Commission adopted Rules
15Fb1–1 through 15Fb6–2 and Forms

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SBSE, SBSE–A, SBSE–BD, SBSE–C and
SBSE–W on August 5, 2015 to create a
process to register SBS Entities. Forms
SBSE, SBSE–A, and SBSE–BD and
SBSE–C were designed to elicit certain
information from applicants. The
Commission uses the information
disclosed by applicants through the SBS
Entity registration rules and forms to: (1)
Determine whether an applicant meets
the standards for registration set forth in
the provisions of the Exchange Act; and
(2) develop an information resource
regarding SBS Entities where members
of the public may obtain relevant, up-todate information about SBS Entities,
and where the Commission may obtain
information for examination and
enforcement purposes. Without the
information provided through these SBS
Entity registration rules and forms, the
Commission could not effectively
determine whether the applicant meets
the standards for registration or
implement policy objectives of the
Exchange Act.
The information collected pursuant to
Rule 15Fb3–2 and Form SBSE–W allows
the Commission to determine whether it
is appropriate to allow an SBS Entity to
withdraw from registration and to
facilitate that withdrawal. Without this
information, the Commission would be
unable to effectively determine whether
it was appropriate to allow an SBS
Entity to withdraw. In addition, it
would be more difficult for the
Commission to properly regulate SBS
Entities if it were unable to quickly
identify those that have withdrawn from
the security-based swap business.
In 2017 there were approximately 55
entities that may need to register as SBS
Entities. That number has not changed.
The Commission estimates that these
Entities likely would incur a total
burden of 9,825 hours per year to
comply with Rules 15Fb1–1 through
15Fb6–2 and Forms SBSE, SBSE–A,
SBSE–BD, SBSE–C and SBSE–W.
In addition, Rules 15Fb1–1 through
15Fb6–2 and Forms SBSE, SBSE–A,
SBSE–BD, SBSE–C and SBSE–W may
impose certain costs on non-resident
persons that apply to be registered with
the Commission as SBS Entities,
including an initial and ongoing costs
associated with obtaining an opinion of
counsel indicating that it can, as a
matter of law, provide the Commission
with access to its books and records and
submit to Commission examinations,
and an ongoing cost associated with
establishing and maintaining a
relationship with a U.S. agent for
service of process.

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The staff estimates, based on internet
research,1 that it would cost each
nonresident SBS Entity approximately
$191 annually to appoint and maintain
a relationship with a U.S. agent for
service of process. Consequently, the
total cost for all nonresident SBS
Entities to appoint and maintain
relationships with U.S. agents for
service of process is approximately
$4,202 per year.
Non-resident SBS Entities also would
incur outside legal costs associated with
obtaining an opinion of counsel. The
staff estimates that each of the estimated
22 non-resident persons that likely will
apply to register as SBS Entities with
the Commission would incur, on
average, approximately $25,000 in
outside legal costs to obtain the opinion
of counsel necessary to register, and that
the total annualized cost for all
nonresident SBS Entities to obtain this
opinion of counsel would be
approximately $183,333. Nonresident
SBS Entities would also need to obtain
a revised opinion of counsel after any
changes in the legal or regulatory
framework that would impact the SBS
Entity’s ability to provide, or manner in
which it provides, the Commission with
prompt access to its books and records
or that impacts the Commission’s ability
to inspect and examine the SBS Entity.
We do not believe this would occur
frequently, and therefore estimate that
one non-resident entity may need to
recertify annually. Thus, the total
ongoing cost associated with obtaining a
revised opinion of counsel regarding the
new regulatory regime would be
approximately $25,000 annually.
Consequently, the total annualized cost
burden associated with Rules 15Fb1–1
through 15Fb6–2 and Forms SBSE,
SBSE–A, SBSE–BD, SBSE–C and SBSE–
W would be approximately $212,205
per year.
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
estimate of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
1 See, e.g., https://www.incorp.com/registeredagent-services/ (as of October 15, 2021, $129 per
year), https://www.wolterskluwer.com/en/solutions/
ct-corporation/registered-agent-services-solutions
(as of October 15, 2021, $305 per year), and https://
www.ailcorp.com/services/registered-agent (as of
October 15, 2021, $149 per year). The staff sought
websites that provided pricing information and a
comprehensive description of their registered agent
services. We calculated our estimate by averaging
the costs provided on these three websites¥($129
+ $305 + $149) ÷ 3 = $191.

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Federal Register / Vol. 86, No. 214 / Tuesday, November 9, 2021 / Notices

of the information to be 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 in
writing within 60 days of this
publication.
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: David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o John R.
Pezzullo, 100 F Street NE, Washington,
DC 20549, or send an email to: PRA_
Mailbox@sec.gov.
Dated: November 3, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–24429 Filed 11–8–21; 8:45 am]
BILLING CODE 8011–01–P

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

Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736

jspears on DSK121TN23PROD with NOTICES1

Extension:
Rule 17f–2(a)

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(a) (17 CFR
240.17f–2(a)), 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(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

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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.
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 in
writing within 60 days of this
publication.
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: David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o John R.
Pezzullo, 100 F Street NE, Washington,
DC 20549, or send an email to: PRA_
Mailbox@sec.gov.
Dated: November 3, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–24423 Filed 11–8–21; 8:45 am]
BILLING CODE 8011–01–P

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SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–517, OMB Control No.
3235–0575]

Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Extension:
Regulation AC

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 Regulation Analyst
Certification (‘‘Regulation AC’’) (17 CFR
242.500–505, 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.
Regulation AC requires that research
reports published, circulated, or
provided by a broker or dealer or
covered person contain a statement
attesting that the views expressed in
each research report accurately reflect
the analyst’s personal views and
whether or not the research analyst
received or will receive any
compensation in connection with the
views or recommendations expressed in
the research report. Regulation AC also
requires broker-dealers to, on a quarterly
basis, make, keep, and maintain records
of research analyst statements regarding
whether the views expressed in public
appearances accurately reflected the
analyst’s personal views, and whether
any part of the analyst’s compensation
is related to the specific
recommendations or views expressed in
the public appearance. Regulation AC
also requires that research prepared by
foreign persons be presented to U.S.
persons pursuant to Securities Exchange
Act Rule 15a–6 and that broker-dealers
notify associated persons if they would
be covered by the regulation. Regulation
AC excludes the news media from its
coverage.
The Commission estimates that
Regulation AC imposes an aggregate
annual time burden of approximately
40,806 hours. The Commission
estimates that the total annual internal
cost of compliance for the 40,806 hours
is approximately $20,923,582.
Written comments are invited on: (a)
Whether the proposed collection of

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