Notice2023-22732

Submission for OMB Review; Comment Request; Extension: Rule 17a-11

Primary source

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Published
October 16, 2023

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 88 Issue 198 (Monday, October 16, 2023)</title>
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[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Notices]
[Pages 71387-71388]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22732]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-094, OMB Control No. 3235-0085]


Submission for OMB Review; Comment Request; Extension: Rule 17a-
11

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 (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 extension of the previously approved 
collection of information provided for in Rule 17a-11, Notification 
Provisions for Brokers and Dealers (17 CFR 240.17a-11), under the 
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange 
Act'').

[[Page 71388]]

    Rule 17a-11 was adopted on July 11, 1971 in response to an 
operational crisis in the securities industry between 1967 and 1970. 
Rule 17a-11 requires broker-dealers that are experiencing financial or 
operational difficulties to provide notice to the Commission, the 
broker-dealer's designated examining authority (``DEA''), and the 
Commodity Futures Trading Commission (``CFTC'') if the broker-dealer is 
registered with the CFTC as a futures commission merchant. Rule 17a-11 
is an integral part of the Commission's financial responsibility 
program which enables the Commission, a broker-dealer's DEA, and the 
CFTC to increase surveillance of a broker-dealer experiencing 
difficulties and to obtain any additional information necessary to 
gauge the broker-dealer's financial or operational condition.
    Rule 17a-11 also requires over-the-counter derivatives dealers and 
broker-dealers that are permitted to compute net capital pursuant to 
Appendix E to Exchange Act Rule 15c3-1 to notify the Commission when 
their tentative net capital drops below certain levels.
    To ensure the provision of these types of notices to the 
Commission, Rule 17a-11 requires every national securities exchange or 
national securities association to notify the Commission when it learns 
that a member broker-dealer has failed to send a notice or transmit a 
report required under the rule.
    Compliance with the rule is mandatory. The Commission will 
generally not publish or make available to any person notices or 
reports received pursuant to Rule 17a-11. The Commission believes that 
information obtained under Rule 17a-11 relates to a condition report 
prepared for the use of the Commission, other federal governmental 
authorities, and securities industry self-regulatory organizations 
responsible for the regulation or supervision of financial 
institutions.
    The Commission estimates that the total hour burden under Rule 17a-
11 is approximately 274 hours per year.
    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: <a href="http://www.reginfo.gov">www.reginfo.gov</a>. 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 by November 15, 2023 to (i) <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a> 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: 
<a href="/cdn-cgi/l/email-protection#6c3c3e2d33210d05000e03142c1f090f420b031a"><span class="__cf_email__" data-cfemail="89d9dbc8d6c4e8e0e5ebe6f1c9faeceaa7eee6ff">[email&#160;protected]</span></a>.

    Dated: October 10, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-22732 Filed 10-13-23; 8:45 am]
BILLING CODE 8011-01-P


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Indexed from Federal Register on October 16, 2023.

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