80_FR_17182 80 FR 17121 - Submission for OMB Review; Comment Request

80 FR 17121 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 61 (March 31, 2015)

Page Range17121-17122
FR Document2015-07251

Federal Register, Volume 80 Issue 61 (Tuesday, March 31, 2015)
[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Pages 17121-17122]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07251]


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SECURITIES AND EXCHANGE COMMISSION


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 BTR, SEC File No. 270-521, OMB Control No. 3235-0579.

    Notice is hereby given that, pursuant to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (``Commission'') has submitted to the Office of Management 
and Budget this request for extension of the previously approved 
collection of information discussed below.
    Regulation Blackout Trade Restriction (``Regulation BTR'') (17 CFR 
245.100-245.104) clarifies the scope and application of Section 306(a) 
of the Sarbanes-Oxley Act of 2002 (``Act'') (15 U.S.C. 7244(a)). 
Section 306(a)(6) [15 U.S.C.7244(a)(6)] of the Act requires an issuer 
to provide timely notice to its directors and executive officers and to 
the Commission of the imposition of a blackout period that would 
trigger the statutory trading prohibition of Section 306(a)(1) [15 
U.S.C. 7244(a)(1)]. Section 306(a) of the Act prohibits any director or 
executive officer of an issuer of any equity security, directly or 
indirectly, from purchasing, selling or otherwise acquiring or 
transferring any equity security of that issuer during any blackout 
period with respect to such equity security, if the director or 
executive officer acquired the equity security in connection with his 
or her service or employment. The information provided under Regulation 
BTR is mandatory and is available to the public. Approximately 1,230 
issuers file Regulation BTR notices approximately 5 times a year for a 
total of 6,150 responses. We estimate that it takes approximately 2 
hours to prepare the blackout notice for a total annual burden of 2,460 
hours. The issuer prepares 75% of the 2,460 annual burden hours for a 
total reporting burden of (1,230 x 2 hrs x 0.75) 1,845 hours. In 
addition, we estimate that an issuer distributes a notice to five 
directors and executive officers at an estimated 5 minutes per notice 
(1,230 blackout period x 5 notices x 5 minutes) for a total reporting 
burden of 512 hours. The combined annual reporting burden is (1,845 
hours + 512 hours) 2,357 hours.

[[Page 17122]]

    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid control number.
    The public may view the background documentation for this 
information collection at the following Web site, www.reginfo.gov . 
Comments should be directed to: (i) Desk Officer for the Securities and 
Exchange Commission, Office of Information and Regulatory Affairs, 
Office of Management and Budget, Room 10102, New Executive Office 
Building, Washington, DC 20503, or by sending an email to: 
[email protected]; and (ii) Pamela Dyson, Director/Chief 
Information Officer, Securities and Exchange Commission, c/o Remi 
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email 
to: [email protected]. Comments must be submitted to OMB within 30 
days of this notice.

    Dated: March 25, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-07251 Filed 3-30-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                                      Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices                                          17121

                                                    competition not necessary or                            Comments may be submitted by any of                    SECURITIES AND EXCHANGE
                                                    appropriate in furtherance of the                       the following methods:                                 COMMISSION
                                                    purpose of the Act. The proposed rule
                                                                                                            Electronic Comments                                    Submission for OMB Review;
                                                    change imposes certain informational
                                                    requirements on Clearing Members, in                      • Use the Commission’s Internet                      Comment Request
                                                    order to ensure that ICE Clear Europe is                comment form (http://www.sec.gov/
                                                    in compliance with FATCA and                                                                                   Upon Written Request Copies Available
                                                                                                            rules/sro.shtml) or
                                                    implementing U.K. regulations and                                                                               From: Securities and Exchange
                                                                                                              • Send an email to rule-comments@                     Commission, Office of FOIA Services,
                                                    guidance. The amendments would                          sec.gov. Please include File Number SR–
                                                    apply to all Clearing Members. ICE Clear                                                                        100 F Street NE., Washington, DC
                                                                                                            ICEEU–2015–006 on the subject line.                     20549–2736.
                                                    Europe does not believe that the
                                                    amendments would adversely affect the                   Paper Comments                                         Extension:
                                                    ability of Clearing Members or other                                                                             Regulation BTR, SEC File No. 270–521,
                                                                                                               • Send paper comments in triplicate                     OMB Control No. 3235–0579.
                                                    market participants generally to engage                 to Secretary, Securities and Exchange
                                                    in cleared transactions or to access                    Commission, 100 F Street NE.,                             Notice is hereby given that, pursuant
                                                    clearing, adversely affect competition                  Washington, DC 20549–1090.                             to the Paperwork Reduction Act of 1995
                                                    among Clearing Members, adversely                                                                              (44 U.S.C. 3501 et seq.), the Securities
                                                    affect the market for clearing services or              All submissions should refer to File
                                                                                                                                                                   and Exchange Commission
                                                    limit market participants’ choices for                  Number SR–ICEEU–2015–006. This file
                                                                                                                                                                   (‘‘Commission’’) has submitted to the
                                                    clearing transactions. To the extent that               number should be included on the
                                                                                                                                                                   Office of Management and Budget this
                                                    compliance with the amendments will                     subject line if email is used. To help the
                                                                                                                                                                   request for extension of the previously
                                                    result in any additional cost for Clearing              Commission process and review your
                                                                                                                                                                   approved collection of information
                                                    Member or other market participants,                    comments more efficiently, please use
                                                                                                                                                                   discussed below.
                                                    ICE Clear Europe believes that such cost                only one method. The Commission will
                                                                                                            post all comments on the Commission’s                     Regulation Blackout Trade Restriction
                                                    results from the requirements mandated                                                                         (‘‘Regulation BTR’’) (17 CFR 245.100–
                                                    by FATCA and implementing                               Internet Web site (http://www.sec.gov/
                                                                                                            rules/sro.shtml). Copies of the                        245.104) clarifies the scope and
                                                    regulations. As a result, ICE Clear                                                                            application of Section 306(a) of the
                                                    Europe does not believe that the                        submission, all subsequent
                                                                                                            amendments, all written statements                     Sarbanes-Oxley Act of 2002 (‘‘Act’’) (15
                                                    proposed amendments will impose any                                                                            U.S.C. 7244(a)). Section 306(a)(6) [15
                                                    burden on competition not appropriate                   with respect to the proposed rule
                                                                                                            change that are filed with the                         U.S.C.7244(a)(6)] of the Act requires an
                                                    in furtherance of the purposes of the                                                                          issuer to provide timely notice to its
                                                    Act.                                                    Commission, and all written
                                                                                                            communications relating to the                         directors and executive officers and to
                                                    C. Self-Regulatory Organization’s                       proposed rule change between the                       the Commission of the imposition of a
                                                    Statement on Comments on the                            Commission and any person, other than                  blackout period that would trigger the
                                                    Proposed Rule Change Received From                      those that may be withheld from the                    statutory trading prohibition of Section
                                                    Members, Participants or Others                         public in accordance with the                          306(a)(1) [15 U.S.C. 7244(a)(1)]. Section
                                                                                                            provisions of 5 U.S.C. 552, will be                    306(a) of the Act prohibits any director
                                                      Written comments relating to the
                                                                                                            available for Web site viewing and                     or executive officer of an issuer of any
                                                    proposed rule change to the rules have
                                                                                                            printing in the Commission’s Public                    equity security, directly or indirectly,
                                                    not been solicited or received. ICE Clear
                                                                                                            Reference Room, 100 F Street NE.,                      from purchasing, selling or otherwise
                                                    Europe will notify the Commission of
                                                                                                            Washington, DC 20549, on official                      acquiring or transferring any equity
                                                    any written comments received by ICE
                                                                                                            business days between the hours of                     security of that issuer during any
                                                    Clear Europe.
                                                                                                            10:00 a.m. and 3:00 p.m. Copies of such                blackout period with respect to such
                                                    III. Date of Effectiveness of the                       filings will also be available for                     equity security, if the director or
                                                    Proposed Rule Change and Timing for                     inspection and copying at the principal                executive officer acquired the equity
                                                    Commission Action                                       office of ICE Clear Europe and on ICE                  security in connection with his or her
                                                       The foregoing rule change has become                 Clear Europe’s Web site at https://                    service or employment. The information
                                                    effective upon filing pursuant to Section               www.theice.com/clear-europe/                           provided under Regulation BTR is
                                                    19(b)(3)(A) of the Act 12 and Rule 19b–                 regulation. All comments received will                 mandatory and is available to the
                                                    4(f)(4)(i).13 At any time within 60 days                be posted without change; the                          public. Approximately 1,230 issuers file
                                                    of the filing of the proposed rule change,              Commission does not edit personal                      Regulation BTR notices approximately 5
                                                    the Commission summarily may                            identifying information from                           times a year for a total of 6,150
                                                    temporarily suspend such rule change if                 submissions. You should submit only                    responses. We estimate that it takes
                                                    it appears to the Commission that such                  information that you wish to make                      approximately 2 hours to prepare the
                                                    action is necessary or appropriate in the               available publicly. All submissions                    blackout notice for a total annual
                                                    public interest, for the protection of                  should refer to File Number SR–ICEEU–                  burden of 2,460 hours. The issuer
                                                    investors, or otherwise in furtherance of               2015–006 and should be submitted on                    prepares 75% of the 2,460 annual
                                                    the purposes of the Act.                                or before April 21, 2015.                              burden hours for a total reporting
                                                                                                                                                                   burden of (1,230 × 2 hrs × 0.75) 1,845
                                                    IV. Solicitation of Comments                              For the Commission, by the Division of               hours. In addition, we estimate that an
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                                                                                                            Trading and Markets, pursuant to delegated             issuer distributes a notice to five
                                                      Interested persons are invited to                     authority.14
                                                    submit written data, views, and                                                                                directors and executive officers at an
                                                                                                            Brent J. Fields,                                       estimated 5 minutes per notice (1,230
                                                    arguments concerning the foregoing,
                                                    including whether the proposed rule                     Secretary.                                             blackout period × 5 notices × 5 minutes)
                                                    change is consistent with the Act.                      [FR Doc. 2015–07258 Filed 3–30–15; 8:45 am]            for a total reporting burden of 512
                                                                                                            BILLING CODE 8011–01P                                  hours. The combined annual reporting
                                                      12 15 U.S.C. 78s(b)(3)(A).                                                                                   burden is (1,845 hours + 512 hours)
                                                      13 17 CFR 240.19b–4(f)(4)(i).                           14 17   CFR 200.30–3(a)(12).                         2,357 hours.


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                                                    17122                             Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices

                                                      An agency may not conduct or                           solicit comments on the proposed rule                 ADV 6 for a total of five (5) years.7 The
                                                    sponsor, and a person is not required to                 change from interested persons.                       calculation of a Contract Equivalent
                                                    respond to, a collection of information                                                                        depends on the type of account that
                                                                                                             I. Self-Regulatory Organization’s
                                                    unless it displays a currently valid                                                                           sends the order flow to BOX, each of
                                                                                                             Statement of the Terms of the Substance
                                                    control number.                                                                                                which has a predetermined ratio
                                                                                                             of the Proposed Rule Change
                                                      The public may view the background                                                                           assigned to it under the Program: Public
                                                    documentation for this information                          The Exchange is filing with the                    Customer (0.71), Market Maker (1.10),
                                                    collection at the following Web site,                    Securities and Exchange Commission                    Broker/Dealer (1.35) and Professional
                                                    www.reginfo.gov . Comments should be                     (‘‘Commission’’) a proposed rule change               Customer (1.35). This predetermined
                                                    directed to: (i) Desk Officer for the                    to clarify certain statements made in                 ratio is then multiplied by the quantity
                                                    Securities and Exchange Commission,                      SR–BOX–2015–03, a rule change filed                   of options contracts executed by the
                                                    Office of Information and Regulatory                     by the Exchange on January 9, 2015, to                Subscriber on BOX for the Subscriber’s
                                                    Affairs, Office of Management and                        implement an equity rights program (the               own or customer account over a certain
                                                    Budget, Room 10102, New Executive                        ‘‘VPR Filing’’). There are no proposed                period to determine the number of
                                                    Office Building, Washington, DC 20503,                   changes to any rule text.                             Contract Equivalents attributed to the
                                                    or by sending an email to: Shagufta_                     II. Self-Regulatory Organization’s                    Subscriber for that period.
                                                    Ahmed@omb.eop.gov; and (ii) Pamela                       Statement of the Purpose of, and                        In describing how Contract
                                                    Dyson, Director/Chief Information                        Statutory Basis for, the Proposed Rule                Equivalents are calculated in the VPR
                                                    Officer, Securities and Exchange                         Change                                                Filing, the Exchange inadvertently used
                                                    Commission, c/o Remi Pavlik-Simon,                                                                             the term ‘‘orders’’ to describe the option
                                                                                                                In its filing with the Commission, the             contracts executed by the Subscriber.
                                                    100 F Street NE., Washington, DC 20549
                                                                                                             Exchange included statements                          Specifically, on pages 5 and 20–21 of 49
                                                    or send an email to: PRA_Mailbox@                        concerning the purpose of and basis for
                                                    sec.gov. Comments must be submitted to                                                                         of the VPR Filing, the Exchange
                                                                                                             the proposed rule change and discussed                explained that the Contract Equivalent
                                                    OMB within 30 days of this notice.                       any comments it received on the                       calculation for each of the four
                                                      Dated: March 25, 2015.                                 proposed rule change. The text of these               categories of account types would be
                                                    Brent J. Fields,                                         statements may be examined at the                     based on the quantity of orders
                                                    Secretary.                                               places specified in Item IV below. The                executed, multiplied by the
                                                    [FR Doc. 2015–07251 Filed 3–30–15; 8:45 am]              Exchange has prepared summaries, set                  predetermined ratio assigned to each
                                                    BILLING CODE 8011–01–P
                                                                                                             forth in Sections A, B, and C below, of               category. However, this description was
                                                                                                             the most significant aspects of such                  intended to convey that, in calculating
                                                                                                             statements.                                           the Contract Equivalent for each of the
                                                    SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                     four categories of account types under
                                                    COMMISSION                                               Statement of the Purpose of, and                      the Program, the Exchange measures the
                                                                                                             Statutory Basis for, the Proposed Rule                number of contracts executed, and then
                                                    [Release No. 34–74576; File No. SR–BOX–
                                                                                                             Change                                                multiples the executed contracts by the
                                                    2015–16]
                                                                                                                                                                   predetermined ratio for the appropriate
                                                                                                             1. Purpose                                            category. Accordingly, if a Subscriber
                                                    Self-Regulatory Organizations; BOX
                                                    Options Exchange LLC; Notice of                             On January 9, 2015, the Exchange                   were to send a single order of 1,000
                                                    Filing and Immediate Effectiveness of                    filed the VPR Filing to implement an                  option contracts to the Exchange, and
                                                    a Proposed Rule Change To Clarify                        equity rights program (the ‘‘VPR                      all 1,000 option contracts are executed
                                                    Certain Statements Made in SR–BOX–                       Program’’).5 As provided on page 4 of 49              on BOX (assuming none are Excluded
                                                    2015–03, a Proposed Rule Change                          of the VPR Filing, Subscribers in the                 Member Contracts, as defined on pages
                                                    Filed by the Exchange on January 9,                      VPR Program have the right to acquire                 9–10 of the VPR Filing), then the
                                                    2015                                                     equity in, and receive distributions                  number of Contract Equivalents for that
                                                                                                             from, BOX Holdings Group LLC                          Subscriber would be calculated by
                                                    March 25, 2015.                                          (‘‘Holdings’’), an affiliate of the                   multiplying the 1,000 contracts (not the
                                                       Pursuant to Section 19(b)(1) under the                Exchange, in exchange for the                         single order) by the predetermined ratio
                                                    Securities Exchange Act of 1934 (the                     achievement of certain order flow                     for the appropriate account type.
                                                    ‘‘Act’’) 1 and Rule 19b–4 thereunder,2                   volume commitment thresholds on the                      Furthermore, in describing how the
                                                    notice is hereby given that on March 16,                 Exchange over a period of five (5) years              Contract Equivalent ratio was
                                                    2015, BOX Options Exchange LLC (the                      (and a nominal initial cash payment).                 determined for each of the four account
                                                    ‘‘Exchange’’) filed with the Securities                  Specifically, each Volume Performance                 type categories under the Program, the
                                                    and Exchange Commission (the                             Right (‘‘VPR’’) issued to Subscribers                 Exchange noted, on pages 6, 16, and 20–
                                                    ‘‘Commission’’) the proposed rule                        under the VPR Program includes an
                                                                                                                                                                      6 The Industry ADV for a period is calculated by
                                                    change as described in Items I, II, and                  average daily transaction volume                      multiplying (i) two (2) times (ii) the quotient of (A)
                                                    III below, which Items have been                         commitment (‘‘VPR Volume                              the aggregate number of cleared U.S. options
                                                    prepared by the Exchange. The                            Commitment’’) with respect to                         transactions executed on a U.S. national exchange
                                                    Exchange filed the proposed rule change                  Qualifying Contract Equivalents (as                   or facility thereof in U.S. listed securities on trading
                                                    pursuant to Section 19(b)(3)(A)(ii) of the                                                                     days during the period, as reported by the Options
                                                                                                             defined on page 6 of 49 of the VPR                    Clearing Corporation (‘‘OCC’’), divided by (B) the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Act,3 and Rule 19b–4(f)(2) thereunder,4                  Filing) equal to 0.0055% of the Industry              number of trading days during the period. A
                                                    which renders the proposal effective                                                                           ‘‘trading day’’ is generally any day on which the
                                                    upon filing with the Commission. The                       5 See SR–BOX–2015–03. As noted in the VPR           BOX market is open for business, subject to certain
                                                    Commission is publishing this notice to                  Filing, certain aspects of the Program require        qualifications to be defined in the Members
                                                                                                             changes to the company governance documents,          Agreement. Certain industry transactions are
                                                                                                             including the acquisition of equity ownership and     excluded from the calculation of Industry ADV as
                                                      1 15 U.S.C. 78s(b)(1).                                 any right related to such ownership, are contingent   described on pages 9—10 of 49 of the VPR Filing.
                                                      2 17 CFR 240.19b–4.                                    upon Commission approval of a separate company           7 Each VPR also includes 8.5 unvested new Class
                                                      3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                             governance proposed rule change, which has yet to     C Membership Units of Holdings. See page 5 of 49
                                                      4 17 CFR 240.19b–4(f)(2).                              be filed.                                             of the VPR Filing.



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Document Created: 2015-12-18 11:47:54
Document Modified: 2015-12-18 11:47:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 17121 

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