Notice2023-15074
Proposed Collection; Comment Request; Extension: Rule 17f-2(e)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 17, 2023
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 88 Issue 135 (Monday, July 17, 2023)</title>
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[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Page 45451]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15074]
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SECURITIES AND EXCHANGE COMMISSION
[SEC File No. 270-37, OMB Control No. 3235-0031]
Proposed Collection; Comment Request; Extension: Rule 17f-2(e)
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 (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17f-2(e) (17 CFR
240.17f-2(e)), 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(e) requires every member of a national securities
exchange, broker, dealer, registered transfer agent, and registered
clearing agency (``covered entities'') claiming an exemption from the
fingerprinting requirements of Rule 17f-2 to make and keep current a
statement entitled ``Notice Pursuant to Rule 17f-2'' (``Notice'')
containing the information specified in paragraph (e)(1) to support
their claim of exemption.
Rule 17f-2(e) contains no filing requirement. Instead, paragraph
(e)(2) requires covered entities to keep a copy of the Notice in an
easily accessible place at the organization's principal office and at
the office employing the persons for whom exemptions are claimed and to
make the Notice available upon request for inspection by the
Commission, appropriate regulatory agency (if not the Commission) or
other designated examining authority. Notices prepared pursuant to Rule
17f-2(e) must be maintained for different lengths of time depending on
the type of entity maintaining the Notice. Under Rule 240.17a-1, every
registered clearing agency must keep and preserve at least one copy of
all documents made or received by it in the course of its business for
a period of not less than five years. Under Rule 240.17a-4 certain
members of national securities exchanges, brokers, and dealers must
maintain the Notice during the life of their enterprise. Under Rule
240.17Ad-7, registered transfer agents must maintain the Notice in an
easily accessible place. The recordkeeping requirement under Rule 17f-
2(e) assists the Commission and other regulatory agencies with ensuring
compliance with Rule 17f-2.
We estimate that approximately 75 respondents will incur an average
burden of 30 minutes per year to comply with this rule, which
represents the time it takes for a staff person at a covered entity to
properly document a claimed exemption from the fingerprinting
requirements of Rule 17f-2 in the required Notice and to properly
retain the Notice according to the entity's record retention policies
and procedures. The total annual burden for all covered entities is
approximately 38 hours (75 entities x .5 hours, rounded up).
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 by
September 15, 2023.
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.
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:
<a href="/cdn-cgi/l/email-protection#d48486958b99b5bdb8b6bbac94a7b1b7fab3bba2"><span class="__cf_email__" data-cfemail="beeeecffe1f3dfd7d2dcd1c6fecddbdd90d9d1c8">[email protected]</span></a>.
Dated: July 12, 2023.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-15074 Filed 7-14-23; 8:45 am]
BILLING CODE 8011-01-P
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