30 Day Notice

3235-0410.pdf

Rule 17h-1T (17 CFR 240.17h-1T); Risk assessment record-keeping requirements for associated persons of brokers and dealers Rule 17h-2T (17 CFR 240.17h-2T); Risk assessment reporting requirement

30 Day Notice

OMB: 3235-0410

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Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices
into, and from the Mahwah Data Center
in one place, alleviating any possible
market participant confusion.
For the reasons described above, the
Exchange believes that the proposed
rule change reflects this competitive
environment.
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 proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 12 and Rule 19b–4(f)(3) 13
thereunder in that the proposed rule
change is concerned solely with the
administration of 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) 14 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–
NYSECHX–2022–20 on the subject line.

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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–NYSECHX–2022–20. This
12 15

U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(3).
14 15 U.S.C. 78s(b)(2)(B).

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–NYSECHX–2022–20 and
should be submitted on or before
October 4, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–19686 Filed 9–12–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–359, OMB Control No.
3235–0410]

Submission for OMB Review;
Comment Request: Extension; Rules
17h–1T and 17h–2T
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
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission

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56109

(‘‘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
Rules 17h–1T and 17h–2T (17 CFR
240.17h–1T and 17 CFR 240.17h–2T),
under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.).
Rule 17h–1T requires a covered
broker-dealer to maintain and preserve
records and other information
concerning certain entities that are
associated with the broker-dealer. This
requirement extends to the financial and
securities activities of the holding
company, affiliates and subsidiaries of
the broker-dealer that are reasonably
likely to have a material impact on the
financial or operational condition of the
broker-dealer. Rule 17h–2T requires a
covered broker-dealer to file with the
Commission quarterly reports and a
cumulative year-end report concerning
the information required to be
maintained and preserved under Rule
17h–1T.
The collection of information required
by Rules 17h–1T and 17h–2T,
collectively referred to as the ‘‘risk
assessment rules,’’ is necessary to
enable the Commission to monitor the
activities of a broker-dealer affiliate
whose business activities are reasonably
likely to have a material impact on the
financial or operational condition of the
broker-dealer. Without this information,
the Commission would be unable to
assess the potentially damaging impact
of the affiliate’s activities on the brokerdealer.
There are currently 235 respondents
that must comply with Rules 17h–1T
and 17h–2T. Each of these 235
respondents are estimated to require 10
hours per year to maintain the records
required under Rule 17h–1T, for an
aggregate estimated annual burden of
2,350 hours (235 respondents × 10
hours). In addition, each of these 235
respondents must make five annual
responses under Rule 17h–2T. These
five responses are estimated to require
14 hours per respondent per year for an
aggregate estimated annual burden of
3,290 hours (235 respondents × 14
hours).
In addition, new respondents must
draft an organizational chart required
under Rule 17h–1T and establish a
system for complying with the risk
assessment rules. The staff estimates
that drafting the required organizational
chart requires one hour and establishing
a system for complying with the risk
assessment rules requires three hours.
Based on the reduction in the number
of filers in recent years, the staff
estimates there will be zero new

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Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices

respondents, and thus, a corresponding
estimated burden of zero hours for new
respondents. Thus, the total compliance
burden per year is approximately 5,640
burden hours (2,350 hours + 3,290
hours).
The retention period for the
recordkeeping requirement for the
information, reports and records
required under Rule 17h–1T is not less
than three years. There is no specific
retention period or recordkeeping
requirement for Rule 17h–2T. The
collection of information is mandatory.
All information obtained by the
Commission pursuant to the provisions
of Rules 17h–1T and 17h–2T from a
broker or dealer concerning a material
associated person is deemed
confidential information for the
purposes of section 24(b) of the
Exchange Act.
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 by October 13, 2022. (i)
MBX.OMB.OIRA.SEC_desk_officer@
omb.eop.gov and (ii) David Bottom,
Director/Chief Information Officer,
Securities and Exchange Commission, c/
o John Pezzullo, 100 F Street NE,
Washington, DC 20549, or by sending an
email to: PRA_Mailbox@sec.gov.
Comments must be submitted to OMB
within 30 days of this notice.
Dated: September 7, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–19673 Filed 9–12–22; 8:45 am]

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BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–95683; File No. SR–ICEEU–
2022–010]

Self-Regulatory Organizations; ICE
Clear Europe Limited; Notice of Filing
of Proposed Rule Change Relating to
Amendments to the ICE Clear Europe
Clearing Membership Procedures
September 7, 2022.

Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on August
30, 2022, ICE Clear Europe Limited
(‘‘ICE Clear Europe’’ or the ‘‘Clearing
House’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule changes described in
Items I, II, and III below, which Items
have been prepared primarily by ICE
Clear Europe. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The principal purpose of the
proposed amendments is for ICE Clear
Europe to modify its Clearing
Membership Procedures (‘‘Clearing
Membership Procedures’’ or
‘‘Procedures’’) to make certain
clarifications and updates.
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission, ICE
Clear Europe 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 these
statements may be examined at the
places specified in Item IV below. ICE
Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C)
below, of the most significant aspects of
such statements.
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
(a) Purpose
ICE Clear Europe is proposing to
amend its Clearing Membership
Procedures to make certain
clarifications and enhancements to
remove certain provisions that are
duplicative of the Clearing House’s
Counterparty Credit Risk Policy and
1 15
2 17

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Counterparty Credit Risk Procedures,3
to more clearly document certain
practices and to make certain nonsubstantive changes to improve clarity
and readability.
The section describing the purpose of
the Procedures would add a defined
term referencing the Clearing House’s
Clearing Rules. Conforming changes
would be made to each reference to the
‘‘Clearing Rules’’ appearing in the
remainder of the Procedures.
The section describing the application
process would update the names of
certain departments responsible for
reviewing Clearing Membership
applications as follows: such
applications (i) would be reviewed by
the Credit and Clearing Risk department
(this change does not represent a change
in departments, rather, it is an inclusion
of the relevant department names rather
than stating ‘‘Risk’’ generally) and (ii)
are subject to the approval of the
Executive Risk Committee (rather than
simply the ‘‘Committee’’), which would
also be known as ‘‘the Committee or
‘‘ERC’’ in shorthand in the Procedures.
Conforming changes would be made in
the remainder of the Procedures.
A paragraph which provided that the
Clearing Risk Department would
conduct a credit review which may
include a credit check and assessments
based on the Clearing House’s
Counterparty Ratings System would be
removed as the credit review is covered
by the Counterparty Credit Risk Policy
and Procedures.
The proposed amendments would
provide that the list of Approved
Jurisdiction for applicants (those
jurisdictions for which additional legal
and regulatory analysis is not required)
would be maintained by the legal
department, rather than in the Clearing
Membership Parameters. This change
reflects current practice as the list of
Approved Jurisdictions is currently
maintained by the legal department.
Further, in order to consolidate
information and because the legal
department is placed to provide
guidance on Approved Jurisdictions, the
Clearing Membership Procedures would
reflect that such list would be
maintained by the legal department
only.
The subsection discussing
termination of Clearing Membership by
ICE Clear Europe would be updated to
remove a sentence which provided that
the Board is required to approve the
issuance of a Termination Notice against
3 The Counterparty Credit Risk Policy and
Procedures are described in Exchange Act Release
No. 34–93880, SR ICEEU–2021–15 (Dec. 30, 2021)
87 FR 513 (Jan. 5, 2022).

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