Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices 3131 

1The burdens imposed by the CFTC are included 

in this collection of information. 

regarding the terms of, and a statement 

of the economic characteristics and 

purpose of, each relevant agreement, 

contract, or transaction (or class 

thereof), along with that person’s 

determination as to whether each such 

agreement, contract, or transaction (or 

class thereof) should be characterized as 

a swap, security-based swap, or both 

(i.e., a mixed swap). The Commissions 

also may request the submitting person 

to provide additional information. 

The SEC expects 25 requests pursuant 

to Rule 3a68–2 per year. The SEC 

estimates the total paperwork burden 

associated with preparing and 

submitting each request would be 20 

hours to retrieve, review, and submit the 

information associated with the 

submission. This 20 hour burden is 

divided between the SEC and the CFTC, 

with 10 hours per response regarding 

reporting to the SEC and 10 hours of 

response regarding third party 

disclosure to the CFTC.1 The SEC 

estimates this would result in an 

aggregate annual burden of 500 hours 

(25 requests × 20 hours/request). 

The SEC estimates that the total costs 

resulting from a submission under Rule 

3a68–2 would be approximately $12,000 

for outside attorneys to retrieve, review, 

and submit the information associated 

with the submission. The SEC estimates 

this would result in aggregate costs each 

year of $300,000 (25 requests × 30 

hours/request × $400). 

Rule 3a68–4(c) establishes a process 

for persons to request that the 

Commissions issue a joint order 

permitting such persons (and any other 

person or persons that subsequently 

lists, trades, or clears that class of mixed 

swap) to comply, as to parallel 

provisions only, with specified parallel 

provisions of either the Commodity 

Exchange Act (‘‘CEA’’) or the Securities 

Exchange Act of 1934 (‘‘Exchange Act’’), 

and related rules and regulations 

(collectively ‘‘specified parallel 

provisions’’), instead of being required 

to comply with parallel provisions of 

both the CEA and the Exchange Act. 

The SEC expects ten requests 

pursuant to Rule 3a68–4(c) per year. 

The SEC estimates that nine of these 

requests will have also been made in a 

request for a joint interpretation 

pursuant to Rule 3a68–2, and one will 

not have been. The SEC estimates the 

total burden for the one request for 

which the joint interpretation pursuant 

to 3a68–2 was not requested would be 

30 hours, and the total burden 

associated with the other nine requests 

would be 20 hours per request because 

some of the information required to be 

submitted pursuant to Rule 3a68–4(c) 

would have already been submitted 

pursuant to Rule 3a68–2. The burden in 

both cases is evenly divided between 

the SEC and the CFTC. 

The SEC estimates that the total costs 

resulting from a submission under Rule 

3a68–4(c) would be approximately 

$20,000 for the services of outside 

attorneys to retrieve, review, and submit 

the information associated with the 

submission of the one request for which 

a request for a joint interpretation 

pursuant to Rule 3a68–2 was not 

previously made (1 request × 50 hours/ 

request × $400). For the nine requests 

for which a request for a joint 

interpretation pursuant to Rule 3a68–2 

was previously made, the SEC estimates 

the total costs associated with preparing 

and submitting a party’s request 

pursuant to Rule 3a68–4(c) would be 

$6,000 less per request because, as 

discussed above, some of the 

information required to be submitted 

pursuant to Rule 3a68–4(c) already 

would have been submitted pursuant to 

Rule 3a68–2. The SEC estimates this 

would result in an aggregate cost each 

year of $126,000 for the services of 

outside attorneys (9 requests × 35 hours/ 

request × $400). 

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 to (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. 

Dated: January 14, 2022. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–01055 Filed 1–19–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–247, OMB Control No. 

3235–0259] 

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 19h–1 

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 19h–1 (17 CFR 

240.19h–1), 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 19h–1 prescribes the form and 

content of notices and applications by 

self-regulatory organizations (‘‘SROs’’) 

regarding proposed admissions to, or 

continuances in, membership, 

participation or association with a 

member of any person subject to a 

statutory disqualification. 

The Commission uses the information 

provided in the submissions filed 

pursuant to Rule 19h–1 to review 

decisions by SROs to permit the entry 

into or continuance in the securities 

business of persons who have 

committed serious misconduct. The 

filings submitted pursuant to the Rule 

also permit inclusion of an application 

to the Commission for consent to 

associate with a member of an SRO 

notwithstanding a Commission order 

barring such association. 

The Commission reviews filings made 

pursuant to the Rule to ascertain 

whether it is in the public interest to 

permit the employment in the securities 

business of persons subject to statutory 

disqualification. The filings contain 

information that is essential to the staff’s 

review and ultimate determination on 

whether an association or employment 

is in the public interest and consistent 

with investor protection. 

It is estimated that approximately 20 

respondents will make submissions 

pursuant to this Rule annually. With 

respect to submissions for Rule 19h–1(a) 

notices, and based upon past 

submissions, the staff estimates that 

respondents will make a total of 11 

submissions per year. The staff 


lotter on DSK11XQN23PROD with NOTICES1
3132 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices 

1See Securities Exchange Act Release No. 34– 

90610 (December 9, 2020), 86 FR 18596 (April 9, 

2021) (File No. S7–03–20) (‘‘Infrastructure Adopting 

Release’’). 

2Some of these respondents were estimated to 

incur no, or only part of, the estimated initial 

burdens because they were already subject to 

Regulation SCI (i.e., as plan processors, SROs or 

affiliates of SROs). 

estimates that the average number of 

hours necessary to complete a 

submission pursuant to Rule 19h–1(a) 

notices is 80 hours (for a total annual 

burden for all respondents in the 

amount of 17,600 hours). With respect 

to submissions for Rule 19h–1(a)(4) 

notifications, and based upon past 

submissions, the staff estimates that 

respondents will make a total of 9 

submissions per year. The staff 

estimates that the average number of 

hours necessary to complete a 

submission pursuant to Rule 19h–1(a)(4) 

notifications is 80 hours (for a total 

annual burden for all respondents in the 

amount of 14,400 hours). With respect 

to submissions for Rule 19h–1(b), and 

based upon past submissions, the staff 

estimates that respondents will make a 

total of 28 submissions per year. The 

staff estimates that the average number 

of hours necessary to complete a 

submission pursuant to Rule 19h–1(b) is 

13 hours (for a total annual burden for 

all respondents in the amount of 7,280 

hours). With respect to submissions for 

Rule 19h–1(d), and based upon past 

submissions, the staff estimates that 

respondents will make a total of 5 

submissions per year. The staff 

estimates that the average number of 

hours necessary to complete a 

submission pursuant to Rule 19h–1(d) is 

80 hours (for a total annual burden for 

all respondents in the amount of 8,000 

hours). The aggregate annual burden for 

all respondents is thus approximately 

47,280 hours (17,600 +14,400 + 7,280 + 

8,000). 

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 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 

Pezzullo, 100 F Street NE, Washington, 

DC 20549, or send an email to: PRA_

Mailbox@sec.gov. 

Dated: January 14, 2022. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–01059 Filed 1–19–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–653, OMB Control No. 

3235–0703] 

Submission for OMB Review; 

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 SCI, Form SCI 

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’’) 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 

Regulation Systems Compliance and 

Integrity (‘‘Regulation SCI’’) (17 CFR 

242.1000–1007) and Form SCI (17 CFR 

249.1900) under the Securities 

Exchange Act of 1934 (‘‘Exchange Act’’) 

(15 U.S.C. 78a et seq.). 

Regulation SCI requires certain key 

market participants to, among other 

things: (1) Have comprehensive policies 

and procedures in place to help ensure 

the robustness and resiliency of their 

technological systems, and also that 

their technological systems operate in 

compliance with the federal securities 

laws and with their own rules; and (2) 

provide certain notices and reports to 

the Commission to improve 

Commission oversight of securities 

market infrastructure. 

Regulation SCI advances the goals of 

the national market system by 

enhancing the capacity, integrity, 

resiliency, availability, and security of 

the automated systems of entities 

important to the functioning of the U.S. 

securities markets, as well as reinforcing 

the requirement that such systems 

operate in compliance with the 

Exchange Act and rules and regulations 

thereunder, thus strengthening the 

infrastructure of the U.S. securities 

markets and improving its resilience 

when technological issues arise. In this 

respect, Regulation SCI establishes an 

updated and formalized regulatory 

framework, thereby helping to ensure 

more effective Commission oversight of 

such systems. 

Respondents consist of national 

securities exchanges and associations, 

registered clearing agencies, exempt 

clearing agencies, plan processors, and 

alternative trading systems. There are 

currently 47 respondents, and the 

Commission staff estimates that, on 

average, 2 new respondents may become 

SCI entities each year, 1 of which would 

be a self-regulatory organization 

(‘‘SRO’’). Accordingly, Commission staff 

estimates that over the next three years 

there will be an average of 49 

respondents per year. 

In addition, in December 2020, the 

Commission adopted amendments to 

Regulation SCI in connection with 

updates to the national market system 

for the collection, consolidation, and 

dissemination of information with 

respect to quotations for and 

transactions in national market system 

(‘‘NMS’’) stocks (‘‘Infrastructure 

Amendments’’). Specifically, the 

Commission adopted a definition of 

‘‘SCI competing consolidator’’ that will 

subject competing consolidators to 

Regulation SCI, after a transition period, 

if they are above a specified 

consolidated market data gross revenue 

threshold.1 The Infrastructure 

Amendments increased the number of 

respondents to the collections of 

information in Regulation SCI, and the 

Commission estimates that seven 

competing consolidators will meet this 

definition and be subject to the 

requirements of Regulation SCI.2

Rule 1001(a) requires each SCI entity 

to establish, maintain, and enforce 

written policies and procedures 

reasonably designed to ensure that its 

SCI systems and, for purposes of 

security standards, indirect SCI systems, 

have levels of capacity, integrity, 

resiliency, availability, and security, 

adequate to maintain the SCI entity’s 

operational capability and promote the 

maintenance of fair and orderly markets. 

The Commission staff estimates that the 

total annual initial recordkeeping 

burden for 7 new respondents will be 

4,511 hours, and the annual ongoing 

recordkeeping burden for all 54 

respondents will be, on average, 12,528 

hours. The Commission staff estimates 


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