[Federal Register Volume 85, Number 232 (Wednesday, December 2, 2020)]
[Notices]
[Page 77476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26588]



[[Page 77476]]

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SECURITIES AND EXCHANGE COMMISSION


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 17f-2 (d), [SEC File No. 270-036, OMB Control No. 3235-
0028]

    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 17f-2(d) (17 CFR 
240.17f-2(d)), 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 17f-2(d) requires that records created pursuant to the 
fingerprinting requirements of Section 17(f)(2) of the Act be 
maintained and preserved by every member of a national securities 
exchange, broker, dealer, registered transfer agent and registered 
clearing agency (``covered entities'' or ``respondents''); permits, 
under certain circumstances, the records required to be maintained and 
preserved by a member of a national securities exchange, broker, or 
dealer to be maintained and preserved by a self-regulatory organization 
that is also the designated examining authority for that member, broker 
or dealer; and permits the required records to be preserved on 
microfilm. The general purpose for Rule 17f-2 is to: (i) Identify 
security risk personnel; (ii) provide criminal record information so 
that employers can make fully informed employment decisions; and (iii) 
deter persons with criminal records from seeking employment or 
association with covered entities. The rule enables the Commission or 
other examining authority to ascertain whether all required persons are 
being fingerprinted and whether proper procedures regarding 
fingerprinting are being followed. Retention of these records for a 
period of not less than three years after termination of a covered 
person's employment or relationship with a covered entity ensures that 
law enforcement officials will have easy access to fingerprint cards on 
a timely basis. This in turn acts as an effective deterrent to employee 
misconduct.
    Approximately 3,900 respondents are subject to the recordkeeping 
requirements of the rule. Each respondent maintains approximately 68 
new records per year, each of which takes approximately 2 minutes per 
record to maintain, for an annual burden of approximately 2.2666667 
hours (68 records times 2 minutes). The total annual time burden for 
all respondents is approximately 8,840 hours (3,900 respondents times 
2.2666667 hours). As noted above, all records maintained subject to the 
rule must be retained for a period of not less than three years after 
termination of a covered person's employment or relationship with a 
covered entity. In addition, we estimate the total annual cost burden 
to respondents is approximately $39,000 in third party storage costs.
    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 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 
Cynthia Roscoe, 100 F Street NE, Washington, DC 20549, or send an email 
to: PRA_Mailbox@sec.gov.

    Dated: November 27, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-26588 Filed 12-1-20; 8:45 am]
BILLING CODE 8011-01-P


