60 Day Notice

3235-0371.pdf

Rule 15a-6; Foreign Broker-Dealer Exemption

60 Day Notice

OMB: 3235-0371

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Federal Register / Vol. 87, No. 34 / Friday, February 18, 2022 / Notices
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–
CboeEDGX–2022–005 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.

jspears on DSK121TN23PROD with NOTICES1

All submissions should refer to File
Number SR–CboeEDGX–2022–005. 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–CboeEDGX–2022–005 and
should be submitted on or before March
11, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.26
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–03495 Filed 2–17–22; 8:45 am]
BILLING CODE 8011–01–P
26 17

CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–0329, OMB Control No.
3235–0371]

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:
Rule 15a–6

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 15a–6, (17 CFR
240.15a–6), 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 15a–6 provides conditional
exemptions from the requirement to
register as a broker-dealer pursuant to
Section 15 of the Securities Exchange
Act for foreign broker-dealers that
engage in certain specified activities
involving U.S. persons. In particular,
Rule 15a–6(a)(3) provides an exemption
from broker-dealer registration for
foreign broker-dealers that solicit and
effect transactions with or for U.S.
institutional investors or major U.S.
institutional investors through a
registered broker-dealer, provided that
the U.S. broker-dealer, among other
things, obtains certain information
about, and consents to service of process
from, the personnel of the foreign
broker-dealer involved in such
transactions, and maintains certain
records in connection therewith.
These requirements are intended to
ensure (a) that the registered brokerdealer will receive notice of the identity
of, and has reviewed the background of,
foreign personnel who will contact U.S.
investors, (b) that the foreign brokerdealer and its personnel effectively may
be served with process in the event
enforcement action is necessary, and (c)
that the Commission has ready access to
information concerning these persons
and their U.S. securities activities.
Commission staff estimates that
approximately 2,000 U.S. registered
broker-dealers will spend an average of
two hours of clerical staff time and one
hour of managerial staff time per year
obtaining the information required by
the rule, resulting in a total aggregate

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burden of 6,000 hours per year for
complying with the rule. Assuming an
hourly cost of $72 1 for a compliance
clerk and $319 2 for a compliance
manager, the resultant total internal
labor cost of compliance for the
respondents is $926,000 per year (2,000
entities × ((2 hours/entity × $72/hour) +
(1 hour per entity × $319/hour)) =
$926,000).
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
Pezzullo, 100 F Street NE, Washington,
DC 20549, or send an email to: PRA_
Mailbox@sec.gov.
Dated: February 14, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–03493 Filed 2–17–22; 8:45 am]
BILLING CODE 8011–01–P

1 The hourly rate used for a compliance clerk was
from SIFMA’s Office Salaries in the Securities
Industry 2013, modified by Commission staff to
account for an 1,800 hour work-year and multiplied
by 2.93 to account for bonuses, firm size, employee
benefits and overhead.
2 The hourly rate used for a compliance manager
was from SIFMA’s Management & Professional
Earnings in the Securities Industry 2013, modified
by Commission staff to account for an 1,800 hour
work-year and multiplied by 5.35 to account for
bonuses, firm size, employee benefits and overhead.

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