[Federal Register Volume 89, Number 15 (Tuesday, January 23, 2024)]
[Notices]
[Pages 4353-4354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01271]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-614; OMB Control No. 3235-0682]


Proposed Collection; Comment Request; Extension: Rule 13h-1 and 
Form 13H

Upon Written Request, Copies Available From: Securities and Exchange

[[Page 4354]]

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 13h-1 (17 CFR 240.13h-1) 
and Form 13H--registration of large traders \1\ submitted pursuant to 
Section 13(h) of the Securities Exchange Act of 1934 (15 U.S.C. 78a et 
seq.) (``Exchange Act''). The Commission plans to submit this existing 
collection of information to the Office of Management and Budget 
(``OMB'') for extension and approval.
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    \1\ Rule 13h-1(a)(1) defines ``large trader'' as any person that 
directly or indirectly, including through other persons controlled 
by such person, exercises investment discretion over one or more 
accounts and effects transactions for the purchase or sale of any 
NMS security for or on behalf of such accounts, by or through one or 
more registered broker-dealers, in an aggregate amount equal to or 
greater than the identifying activity level or voluntarily registers 
as a large trader by filing electronically with the Commission Form 
13H.
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    Rule 13h-1 and Form 13H under Section 13(h) of the Exchange Act 
established a large trader reporting framework.\2\ The framework 
assists the Commission in identifying and obtaining certain baseline 
information about traders that conduct a substantial amount of trading 
activity, as measured by volume or market value, in the U.S. securities 
markets.
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    \2\ See Securities Exchange Act Release No. 64976 (July 27, 
2011), 76 FR 46959 (August 3, 2011).
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    The identification, recordkeeping, and reporting framework provides 
the Commission with a mechanism to identify large traders and obtain 
additional information on their trading activity. Specifically, the 
system requires large traders to identify themselves to the Commission 
and file certain interim updates with the Commission on Form 13H. Upon 
receipt of Form 13H, the Commission issues a unique identification 
number to the large trader, which the large trader then provides to its 
registered broker-dealers. Certain registered broker-dealers are 
required to maintain transaction records for each large trader and are 
required to report that information to the Commission upon request.\3\ 
In addition, certain registered broker-dealers are required to adopt 
procedures to monitor their customers for activity that would trigger 
the identification requirements of the rule.
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    \3\ The Commission, pursuant to Rule 17a-25 (17 CFR 240.17a-25), 
currently collects transaction data from registered broker-dealers 
through the Electronic Blue Sheets (``EBS'') system to support its 
regulatory and enforcement activities. The large trader framework 
added two new fields, the time of the trade and the identity of the 
trader, to the EBS system. Additionally, pursuant to Rule 613 (17 
CFR 242.613), the Commission requires each national securities 
exchange and national securities association to collect transaction 
data from registered broker-dealers through the consolidated audit 
trail, to which the agency has access, to support regulatory and 
enforcement activities. This data includes the time of each trade 
and the LTID number of the person exercising investment discretion 
over the trade, the latter of which is assigned by the Commission 
pursuant to Rule 13h-1.
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    The respondents to the collection of information required by Rule 
13h-1 and Form 13H are large traders and registered broker-dealers. The 
Commission estimates that the total annual time burden associated with 
Rule 13h-1 and Form 13H is approximately 131,415 hours per year. This 
burden is comprised of 31,140 hours for initial filings by large 
traders on Form 13H, 75,300 hours for updates by large traders, 22,200 
hours for broker-dealer reporting, and 2,775 hours for broker-dealer 
monitoring.
    Compliance with Rule 13h-1 is mandatory. The information collection 
under proposed Rule 13h-1 is considered confidential subject to the 
limited exceptions provided by the Freedom of Information Act.\4\
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    \4\ See 5 U.S.C. 552 and 15 U.S.C. 78m(h)(7).
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    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 
March 25, 2024.
    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: 
[email protected].

    Dated: January 18, 2024.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-01271 Filed 1-22-24; 8:45 am]
BILLING CODE 8011-01-P