[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Proposed Rules]
[Page 11659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04384]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 240

[Release No. 34-94315; File No. S7-18-21]
RIN 3235-AN01


Reopening of Comment Period for Reporting of Securities Loans

AGENCY: Securities and Exchange Commission.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: On November 18, 2021, the Securities and Exchange Commission 
issued for comment a proposed rule under the Securities Exchange Act of 
1934 (``Exchange Act'') in Release No. 34-93613 (Nov. 18, 2021), 86 FR 
69802 (Dec. 8, 2021) regarding the reporting of securities loans. The 
Commission is reopening the comment period for the proposed rule in 
light of the proposed Exchange Act rule regarding short sale 
disclosure. In particular, the Commission is soliciting comment on any 
potential effects of the proposed Exchange Act rule regarding short 
sale disclosure that the Commission should consider in determining 
whether to adopt the proposed Exchange Act rule regarding the reporting 
of securities loans.

DATES: The comment period for the proposed rule published in the 
Federal Register on December 8, 2021, at 86 FR 69802, is reopened. 
Comments should be received on or before April 1, 2022.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/submitcomments.htm); or
     Send an email to [email protected]. Please include 
File Number S7-18-21 on the subject line.

Paper Comments

     Send paper comments to Vanessa A. Countryman, Secretary, 
Securities and Exchange Commission, 100 F Street NE, Washington, DC 
20549-1090.

All submissions should refer to File Number S7-18-21. 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 of submission. The Commission will post all 
comments on the Commission's website (http://www.sec.gov/rules/proposed.shtml). Comments are also 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 
a.m. and 3 p.m. Operating conditions may limit access to the 
Commission's Public Reference Room. 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.
    Studies, memoranda, or other substantive items may be added by the 
Commission or staff to the comment file during this rulemaking. A 
notification of the inclusion in the comment file of any such materials 
will be made available on our website. To ensure direct electronic 
receipt of such notifications, sign up through the ``Stay Connected'' 
option at www.sec.gov to receive notifications by email.

FOR FURTHER INFORMATION CONTACT: Theresa Hajost, Special Counsel, John 
Guidroz, Branch Chief, Josephine J. Tao, Assistant Director, Office of 
Trading Practices, Division of Trading and Markets, Securities and 
Exchange Commission, 100 F Street NE, Washington, DC 20549, at (202) 
551-5777.

SUPPLEMENTARY INFORMATION:

I. Background

    In November 2021, the Commission issued for comment proposed 17 CFR 
240.10c-1 (``Rule 10c-1''), Reporting of Securities Loans, under the 
Exchange Act.\1\ The proposed rule is designed to increase the 
transparency and efficiency of the securities lending market by 
requiring any person that loans a security on behalf of itself or 
another person to report the material terms of those securities lending 
transactions and related information regarding the securities the 
person has on loan and available to loan to a registered national 
securities association (``RNSA'').\2\ The comment period for proposed 
Rule 10c-1 ended on January 7, 2022.
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    \1\ See Reporting of Securities Loans, Exchange Act Release 
93613 (Nov. 18, 2021), 86 FR 69802 (Dec. 8, 2021).
    \2\ Proposed Rule 10c-1 would also require the RNSA to publicly 
disseminate certain information.
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II. Reopening of Comment Period

    On February 25, 2022, the Commission proposed 17 CFR 240.13f-2 
(``Rule 13f-2'') \3\ which is designed to provide greater transparency 
through the publication of short sale related data to investors and 
other market participants. Proposed Rule 13f-2 and related Proposed 
Form SHO would require that institutional money managers \4\ file via 
the Commission's Electronic Data Gathering, Analysis, and Retrieval 
System (EDGAR), on a monthly basis, certain short sale related data, 
some of which would be aggregated and made public.\5\
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    \3\ Short Position and Short Activity Reporting by Institutional 
Investment Managers, Exchange Act Release 94313, Feb. 25, 2022.
    \4\ As defined in Section 13(f)(6)(A) of the Exchange Act and 
for purposes of proposed Rule 13f-2, ``institutional investment 
manager'' includes any person, other than a natural person, 
investing in or buying and selling securities for its own account, 
and any person exercising investment discretion with respect to the 
account of another person. 15 U.S.C. 78m(f)(6)(A).
    \5\ In addition to proposed Rule 13f-2 and proposed Form SHO, 
the Commission proposed: (i) Rule 205, which would establish a new 
``buy to cover'' order marking requirement for certain purchase 
orders; and (ii) proposed amendments to the national market system 
plan governing the Consolidated Audit Trail (``CAT''), which would 
require CAT reporting firms to report ``buy to cover'' order marking 
information and reliance on the bona fide market making exception in 
the Commission's short sale rules.
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    The Commission is reopening the comment period for proposed Rule 
10c-1 so that commenters may consider whether there would be any 
effects of proposed Rule 13f-2 that the Commission should consider in 
connection with proposed Rule 10c-1.
    The Commission is reopening the comment period for proposed Rule 
10c-1 Reporting of Securities Loans \6\ until April 1, 2022.
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    \6\ See Exchange Act Release No. 93613 (Nov. 18, 2021), 86 FR 
69802 (Dec. 8, 2021).

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    By the Commission.

    Dated: February 25, 2022.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2022-04384 Filed 3-1-22; 8:45 am]
BILLING CODE 8011-01-P