[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Notices]
[Page 9223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02716]



[[Page 9223]]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-429, OMB Control No. 3235-0480]


Proposed Collection; Comment Request; Extension: Rule 9b-1

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 9b-1, Options Disclosure 
Document (17 CFR 240.9b-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 9b-1 (17 CFR 240.9b-1) sets forth the categories of 
information required to be disclosed in an options disclosure document 
(``ODD'') and requires the options markets to file an ODD with the 
Commission 60 days prior to the date it is distributed to investors. In 
addition, Rule 9b-1 provides that the ODD must be amended if the 
information in the document becomes materially inaccurate or incomplete 
and that amendments must be filed with the Commission 30 days prior to 
the distribution to customers. Finally, Rule 9b-1 requires a broker-
dealer to furnish to each customer an ODD and any amendments prior to 
accepting an order to purchase or sell an option on behalf of that 
customer or when approving a customer's account for options trading.
    There are 17 options markets \1\ that must comply with Rule 9b-1. 
These respondents work together to prepare a single ODD covering 
options traded on each market, as well as amendments to the ODD. These 
respondents file approximately 3 amendments per year. The staff 
calculates that the preparation and filing of amendments should take no 
more than eight hours per options market. Thus, the total time burden 
for options markets per year is approximately 408 hours (17 options 
markets x 8 hours per amendment x 3 amendments). The estimated cost for 
an in-house attorney is $483 per hour,\2\ resulting in a total internal 
cost of compliance for these respondents of approximately $197,064 per 
year (408 hours at $483 per hour).
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    \1\ The seventeen options markets are as follows: BOX Exchange 
LLC, Cboe BZX Exchange, Inc., Cboe C2 Exchange, Inc., Cboe EDGX 
Exchange, Inc., Cboe Exchange, Inc., MEMX, LLC, Miami International 
Securities Exchange LLC, MIAX Emerald, LLC, MIAX PEARL, LLC, Nasdaq 
BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, Nasdaq 
PHLX LLC, the Nasdaq Options Market (NOM), NYSE Arca, Inc., and NYSE 
American LLC.
    \2\ SIFMA did its last annual survey in 2013 and will not resume 
the survey process. Accordingly, the $483 figure is based on the 
2013 figure ($380) adjusted by the inflation rate calculated using 
the Bureau of Labor Statistics' CPI Inflation Calculator. The $380 
per hour figure for an Attorney is from SIFMA's Management & 
Professional Earnings in the Securities Industry 2013, modified by 
Commission staff to account for an 1800-hour work-year and 
multiplied by 5.35 to account for bonuses, firm size, employee 
benefits and overhead.
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    In addition, approximately 955 broker-dealers \3\ must comply with 
Rule 9b-1. Each of these respondents will process an average of 3 new 
customers for options each week and, therefore, will have to furnish 
approximately 156 ODDs per year. The postal mailing or electronic 
delivery of the ODD takes respondents no more than 30 seconds to 
complete for an annual time burden for each of these respondents of 
approximately 78 minutes or 1.3 hours. Thus, the total time burden per 
year for broker-dealers is approximately 1,242 hours (955 broker-
dealers x 1.3 hours). The estimated cost for a general clerk of a 
broker-dealer is $81 per hour,\4\ resulting in a total internal cost of 
compliance for these respondents of approximately $100,602 per year 
(1,242 hours at $81 per hour).
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    \3\ The estimate of 955 broker-dealers required to comply with 
Rule 9b-1 is derived from Item 12 of the Form BD (OMB Control No. 
3235-0012). This estimate may be high as it includes broker-dealers 
that engage in only a proprietary business, and as a result are not 
required to deliver an ODD, as well as those broker-dealers subject 
to Rule 9b-1.
    \4\ The $81 figure is based on the 2013 figure ($57) adjusted 
for inflation. See supra note 2. The $57 per hour figure for a 
General Clerk is from SIFMA's Office Salaries in the Securities 
Industry 2013, modified by Commission staff to account for an 1800-
hour work-year and multiplied by 2.93 to account for bonuses, firm 
size, employee benefits and overhead. The staff believes that the 
ODD would be mailed or electronically delivered to customers by a 
general clerk of the broker-dealer or some other equivalent 
position.
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    The total time burden for all respondents under this rule (both 
options markets and broker-dealers) is approximately 1,650 hours per 
year (408 hours for options markets + 1,242 hours for broker-dealers), 
and the total internal cost of compliance is approximately $297,666 per 
year ($197,064 + $100,602).
    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 
April 9, 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: February 6, 2024.
Sherry R. Haywood
Assistant Secretary.
[FR Doc. 2024-02716 Filed 2-8-24; 8:45 am]
BILLING CODE 8011-01-P