80_FR_44553 80 FR 44410 - Proposed Collection; Comment Request

80 FR 44410 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 143 (July 27, 2015)

Page Range44410-44411
FR Document2015-18325

Federal Register, Volume 80 Issue 143 (Monday, July 27, 2015)
[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Notices]
[Pages 44410-44411]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18325]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-616, OMB Control No. 3235-0671]


Proposed Collection; Comment Request

    Upon Written Request, Copies Available From: U.S. Securities and 
Exchange Commission Office of FOIA Services, 100 F Street NE., 
Washington, DC 20549-2736

Extension:
    Rule 613

    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 613 (17 CFR 242.613). 
The Commission plans to submit this existing collection of information 
to the Office of Management and Budget (``OMB'') for extension and 
approval.
    Rule 613 of Regulation NMS (17 CFR part 242) requires national 
securities exchanges and national securities associations (``self-
regulatory organizations'' or ``SROs'') to jointly submit to the 
Commission a national market system (``NMS'') plan to govern the 
creation, implementation, and maintenance of a consolidated audit trail 
and central repository for the collection of information for NMS 
securities. The NMS plan must require each SRO and its respective 
members to provide certain data to the central repository in compliance 
with Rule 613. When it adopted Rule 613, the Commission discussed the 
burden hours associated with the development and submission of the NMS 
plan.\1\ In doing so, the Commission noted that the development and 
submission of the NMS plan is part of a multi-step process for 
developing the consolidated audit trail and that the Commission 
deferred its discussion of the burden hours associated with the other 
paperwork requirements required by Rule 613--such as the requirements 
to provide certain data to the central repository--until after the SROs 
submit an NMS plan and there has been an opportunity for public 
comment.\2\
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    \1\ See Securities Exchange Act Release No. 67457 (July 18, 
2012), 77 FR 45722 (August 1, 2012) (``Adopting Release''), at 
45804-45807.
    \2\ Id. at 45804.
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    The SROs submitted to the Commission the NMS plan on September 30, 
2014 \3\  and an amended and restated NMS Plan on February 27, 2015.\4\ 
Although the existing collection of information pertains to the 
development and submission of an NMS plan, and such NMS plan has been 
developed and submitted, the Commission believes it is prudent to 
extend this collection of information during the pendency of the 
Commission's review of the NMS plan.
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    \3\ See Letter from the SROs, to Brent J. Fields, Secretary, 
Commission, dated September 30, 2014 (``CAT NMS Plan'').
    \4\ See Letter from the SROs, to Brent J. Fields, Secretary, 
Commission, dated February 27, 2015 (``Amended and Restated CAT NMS 
Plan'').
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    The Commission estimates that each of the 19 SROs would spend a 
total of 2,760 burden hours of internal legal, compliance, information 
technology, and business operations time to comply with the existing 
collection of information, calculated as follows: (880 programmer 
analyst hours) + (880 business analyst hours) + (700 attorney hours) + 
(300 compliance manager hours) = 2,760 burden hours to prepare and file 
an NMS plan, or approximately 52,440 burden hours in the aggregate, 
calculated as follows: (2,760 burden hours per SRO) x (19 SROs) = 
52,440 burden hours. Amortized over three years, the annualized burden 
hours would be 920 hours per SRO, or a total of 17,480 for all 19 SROs.
    The Commission further estimates that the aggregate one-time 
reporting burden for preparing and filing an NMS plan would be 
approximately $20,000 in external legal costs per SRO, calculated as 
follows: 50 legal hours x $400 per hour = $20,000, for an aggregate 
burden of $380,000, calculated as follows: ($20,000 in external legal 
costs per SRO) x (19 SROs) = $380,000. Amortized over three years, the 
annualized capital external cost would be $6,667 per SRO, or a total of 
$126,667 for all 19 SROs.

[[Page 44411]]

    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 to 
be 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: 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].

    Dated: July 22, 2015.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-18325 Filed 7-24-15; 8:45 am]
BILLING CODE 8011-01-P



                                              44410                           Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices

                                              reported intraday in real time by the                    thereunder applicable to a national                       submission of the NMS plan.1 In doing
                                              Exchange to the Consolidated Tape and                    securities exchange.                                      so, the Commission noted that the
                                              separately disseminated to member                                                                                  development and submission of the
                                                                                                       IV. Conclusion
                                              firms and market data services through                                                                             NMS plan is part of a multi-step process
                                              the Exchange data feeds. Once a Fund’s                      It is therefore ordered, pursuant to                   for developing the consolidated audit
                                              daily NAV has been calculated and                        Section 19(b)(2) of the Act,24 that the                   trail and that the Commission deferred
                                              disseminated, Nasdaq will price each                     proposed rule change (SR–NASDAQ–                          its discussion of the burden hours
                                              Share trade entered into during the day                  2015–036), as modified by Amendments                      associated with the other paperwork
                                              at the Fund’s NAV plus/minus the                         Nos. 1 and 2 thereto, be, and it hereby                   requirements required by Rule 613—
                                              trade’s executed premium/discount.                       is, approved.                                             such as the requirements to provide
                                              Using the final trade price, each                          For the Commission, by the Division of                  certain data to the central repository—
                                              executed Share trade will then be                        Trading and Markets, pursuant to delegated                until after the SROs submit an NMS
                                              disseminated to member firms and                         authority.25                                              plan and there has been an opportunity
                                              market data services via an FTP file 21 to               Robert W. Errett,                                         for public comment.2
                                              be created for exchange-traded managed                   Deputy Secretary.                                            The SROs submitted to the
                                              funds and confirmed to the member                        [FR Doc. 2015–18275 Filed 7–24–15; 8:45 am]
                                                                                                                                                                 Commission the NMS plan on
                                              firms participating in the trade to                                                                                September 30, 2014 3 and an amended
                                                                                                       BILLING CODE 8011–01–P
                                              supplement the previously provided                                                                                 and restated NMS Plan on February 27,
                                              information to include final pricing.                                                                              2015.4 Although the existing collection
                                                                                                       SECURITIES AND EXCHANGE                                   of information pertains to the
                                                 Prior to the commencement of market                                                                             development and submission of an NMS
                                              trading in Shares, each Fund will be                     COMMISSION
                                                                                                                                                                 plan, and such NMS plan has been
                                              required to establish and maintain a                                                                               developed and submitted, the
                                              public Web site through which its                        [SEC File No. 270–616, OMB Control No.
                                                                                                       3235–0671]                                                Commission believes it is prudent to
                                              current prospectus may be downloaded.                                                                              extend this collection of information
                                              The Web site will include the prior                                                                                during the pendency of the
                                                                                                       Proposed Collection; Comment
                                              business day’s NAV, and the following                    Request                                                   Commission’s review of the NMS plan.
                                              trading information for such business                                                                                 The Commission estimates that each
                                              day expressed as premiums/discounts to                     Upon Written Request, Copies                            of the 19 SROs would spend a total of
                                              NAV: (a) Intraday high, low, average                     Available From: U.S. Securities and                       2,760 burden hours of internal legal,
                                              and closing prices of Shares in                          Exchange Commission Office of FOIA                        compliance, information technology,
                                              Exchange trading; (b) the midpoint of                    Services, 100 F Street NE., Washington,                   and business operations time to comply
                                              the highest bid and lowest offer prices                  DC 20549–2736                                             with the existing collection of
                                              as of the close of Exchange trading,                     Extension:                                                information, calculated as follows: (880
                                              expressed as a premium/discount to                         Rule 613                                                programmer analyst hours) + (880
                                              NAV (the ‘‘Closing Bid/Ask Midpoint’’);                                                                            business analyst hours) + (700 attorney
                                                                                                          Notice is hereby given that pursuant
                                              and (c) the spread between highest bid                                                                             hours) + (300 compliance manager
                                                                                                       to the Paperwork Reduction Act of 1995
                                              and lowest offer prices as of the close of                                                                         hours) = 2,760 burden hours to prepare
                                                                                                       (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
                                              Exchange trading (the ‘‘Closing Bid/Ask                                                                            and file an NMS plan, or approximately
                                                                                                       Securities and Exchange Commission
                                              Spread.’’). The Web site will also                                                                                 52,440 burden hours in the aggregate,
                                                                                                       (‘‘Commission’’) is soliciting comments
                                              contain charts showing the frequency                                                                               calculated as follows: (2,760 burden
                                                                                                       on the existing collection of information
                                              distribution and range of values of
                                                                                                       provided for in Rule 613 (17 CFR                          hours per SRO) × (19 SROs) = 52,440
                                              trading prices, Closing Bid/Ask                                                                                    burden hours. Amortized over three
                                                                                                       242.613). The Commission plans to
                                              Midpoints and Closing Bid/Ask Spreads                                                                              years, the annualized burden hours
                                                                                                       submit this existing collection of
                                              over time.                                                                                                         would be 920 hours per SRO, or a total
                                                                                                       information to the Office of
                                                 This approval order is based on all of                Management and Budget (‘‘OMB’’) for                       of 17,480 for all 19 SROs.
                                              the Exchange’s representations,                                                                                       The Commission further estimates
                                                                                                       extension and approval.
                                              including those set forth above and in                                                                             that the aggregate one-time reporting
                                                                                                          Rule 613 of Regulation NMS (17 CFR
                                              the Notice,22 and the Exchange’s                                                                                   burden for preparing and filing an NMS
                                                                                                       part 242) requires national securities
                                              description of the Funds. The                                                                                      plan would be approximately $20,000 in
                                                                                                       exchanges and national securities
                                              Commission notes that the Funds and                                                                                external legal costs per SRO, calculated
                                                                                                       associations (‘‘self-regulatory
                                              the Shares must comply with the                                                                                    as follows: 50 legal hours × $400 per
                                                                                                       organizations’’ or ‘‘SROs’’) to jointly
                                              requirements of Nasdaq Rule 5745 to be                                                                             hour = $20,000, for an aggregate burden
                                                                                                       submit to the Commission a national
                                              listed and traded on the Exchange.                                                                                 of $380,000, calculated as follows:
                                                                                                       market system (‘‘NMS’’) plan to govern
                                                                                                                                                                 ($20,000 in external legal costs per SRO)
                                                 For the foregoing reasons, the                        the creation, implementation, and
                                                                                                                                                                 × (19 SROs) = $380,000. Amortized over
                                              Commission finds that the proposed                       maintenance of a consolidated audit
                                                                                                                                                                 three years, the annualized capital
                                              rule change, as modified by                              trail and central repository for the
                                                                                                                                                                 external cost would be $6,667 per SRO,
                                              Amendments Nos. 1 and 2 thereto, is                      collection of information for NMS
                                                                                                                                                                 or a total of $126,667 for all 19 SROs.
                                              consistent with Section 6(b)(5) of the                   securities. The NMS plan must require
                                              Act 23 and the rules and regulations                     each SRO and its respective members to                       1 See Securities Exchange Act Release No. 67457
                                                                                                       provide certain data to the central                       (July 18, 2012), 77 FR 45722 (August 1, 2012)
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                                                 21 According to Nasdaq, File Transfer Protocol        repository in compliance with Rule 613.                   (‘‘Adopting Release’’), at 45804–45807.
                                              (‘‘FTP’’) is a standard network protocol used to         When it adopted Rule 613, the                                2 Id. at 45804.

                                              transfer computer files on the Internet. Nasdaq will     Commission discussed the burden hours                        3 See Letter from the SROs, to Brent J. Fields,
                                              arrange for the daily dissemination of an FTP file                                                                 Secretary, Commission, dated September 30, 2014
                                              with executed Share trades to member firms and
                                                                                                       associated with the development and
                                                                                                                                                                 (‘‘CAT NMS Plan’’).
                                              market data services.                                                                                                 4 See Letter from the SROs, to Brent J. Fields,
                                                 22 See supra note 4.                                       24 15   U.S.C. 78s(b)(2).                            Secretary, Commission, dated February 27, 2015
                                                 23 15 U.S.C. 78f(b)(5).                                    25 17   CFR 200.30–3(a)(12).                         (‘‘Amended and Restated CAT NMS Plan’’).



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                                                                                 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices                                                          44411

                                                Written comments are invited on: (a)                      solicit comments on the proposed rule                        SEEK is a routing option pursuant to
                                              Whether the proposed collection of                          change from interested persons.                           which an order will first check the
                                              information is necessary for the proper                                                                               System for available contracts for
                                                                                                          I. Self-Regulatory Organization’s
                                              performance of the functions of the                                                                                   execution. After checking the System for
                                                                                                          Statement of the Terms of Substance of
                                              Commission, including whether the                                                                                     available contracts, orders are sent to
                                                                                                          the Proposed Rule Change
                                              information shall have practical utility;                                                                             other available market centers for
                                              (b) the accuracy of the Commission’s                           The Exchange proposes to amend                         potential execution, per the entering
                                              estimates of the burden of the proposed                     Chapter VI (Trading Systems) at Section                   firm’s instructions. When checking the
                                              collection of information; (c) ways to                      11 (Order Routing), of the rules                          book, the System will seek to execute at
                                              enhance the quality, utility, and clarity                   governing the NASDAQ Options Market                       the price at which it would send the
                                              of the information to be collected; and                     (‘‘NOM’’ or ‘‘Exchange’’), to clarify the                 order to a destination market center.
                                              (d) ways to minimize the burden of the                      manner in which a SEEK Order will                            SRCH is a routing option pursuant to
                                              collection of information on                                route again after an initial routing                      which an order will first check the
                                              respondents, including through the use                      attempt to another market center.                         System for available contracts for
                                              of automated collection techniques or                          The text of the proposed rule change                   execution. After checking the System for
                                              other forms of information technology.                      is available on the Exchange’s Web site                   available contracts, orders are sent to
                                              Consideration will be given to                              at http://nasdaq.cchwallstreet.com, at                    other available market centers for
                                              comments and suggestions submitted in                       the principal office of the Exchange, and                 potential execution, per the entering
                                              writing within 60 days of this                              at the Commission’s Public Reference                      firm’s instructions. When checking the
                                              publication.                                                Room.                                                     book, the System will seek to execute at
                                                An agency may not conduct or                              II. Self-Regulatory Organization’s                        the price at which it would send the
                                              sponsor, and a person is not required to                    Statement of the Purpose of, and                          order to a destination market center.
                                                                                                          Statutory Basis for, the Proposed Rule                       Both SEEK and SRCH eligible
                                              respond to, a collection of information
                                                                                                          Change                                                    unexecuted orders will continue to be
                                              under the PRA unless it displays a
                                                                                                                                                                    routed utilizing a route timer. The SEEK
                                              currently valid OMB control number.                            In its filing with the Commission, the
                                                                                                                                                                    or SRCH order will post to the book and
                                                Please direct your written comments                       Exchange included statements
                                                                                                                                                                    will be routed after a time period
                                              to: Pamela Dyson, Director/Chief                            concerning the purpose of and basis for
                                                                                                                                                                    (‘‘Route Timer’’) not to exceed one
                                              Information Officer, Securities and                         the proposed rule change and discussed
                                                                                                                                                                    second as specified by the Exchange on
                                              Exchange Commission, c/o Remi Pavlik-                       any comments it received on the
                                                                                                                                                                    its Web site provided that the order’s
                                              Simon, 100 F Street NE., Washington,                        proposed rule change. The text of these
                                                                                                                                                                    limit price would lock or cross other
                                              DC 20549, or send an email to: PRA_                         statements may be examined at the
                                                                                                          places specified in Item IV below. The                    market center(s).6 If, during the Route
                                              Mailbox@sec.gov.                                                                                                      Timer, any new interest arrives opposite
                                                                                                          Exchange has prepared summaries, set
                                                Dated: July 22, 2015.                                     forth in sections A, B, and C below, of                   the order that is equal to or better than
                                              Robert W. Errett,                                           the most significant aspects of such                      the ABBO 7 price, the order will trade
                                              Deputy Secretary.                                           statements.                                               against such new interest at the ABBO
                                              [FR Doc. 2015–18325 Filed 7–24–15; 8:45 am]
                                                                                                                                                                    price. Eligible unexecuted orders will be
                                                                                                          A. Self-Regulatory Organization’s                         routed at the end of the Route Timer
                                              BILLING CODE 8011–01–P
                                                                                                          Statement of the Purpose of, and                          provided the order was not filled and
                                                                                                          Statutory Basis for, the Proposed Rule                    the order’s limit price would continue
                                                                                                          Change                                                    to lock or cross the ABBO. If an order
                                              SECURITIES AND EXCHANGE
                                              COMMISSION                                                  1. Purpose                                                was routed with either the SEEK or
                                                                                                                                                                    SRCH routing option, and has size after
                                                                                                             The Exchange’s rules at Chapter VI,                    such routing, it will execute against
                                              [Release No. 34–75498; File No. SR–                         Section 11 provide for the manner in                      contra side interest in the book, post in
                                              NASDAQ–2015–079]                                            which orders submitted to the System 3                    the book, and route again pursuant to
                                                                                                          will route to other market centers.4 The                  the process described above, if
                                              Self-Regulatory Organizations; The                          System provides two routing options
                                              NASDAQ Stock Market LLC; Notice of                                                                                    applicable, if the order’s limit price
                                                                                                          pursuant to which orders are sent to                      would lock or cross another market
                                              Filing and Immediate Effectiveness of                       other available market centers for
                                              Proposed Rule Change to NOM Order                                                                                     center(s).
                                                                                                          potential execution, per the entering                        With respect to SRCH Orders, if
                                              Routing                                                     firm’s instructions. The routing options                  contracts remain un-executed after
                                              July 21, 2015.                                              are SEEK and SRCH. Routing options                        routing, they are posted on the book.
                                                                                                          may be combined with all available                        Once on the book, should the order
                                                 Pursuant to Section 19(b)(1) of the                      order types and times-in-force, with the                  subsequently be locked or crossed by
                                              Securities Exchange Act of 1934                             exception of order types and times-in-                    another market center, it will re-route.
                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2                     force whose terms are inconsistent with                   With SEEK orders, the rule currently
                                              notice is hereby given that on July 13,                     the terms of a particular routing option.                 states, if contracts remain un-executed
                                              2015, The NASDAQ Stock Market LLC                           The Exchange is seeking to clarify the                    after routing, they are posted on the
                                              (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the                 manner in which a SEEK order will                         book. Once on the book at the limit
                                              Securities and Exchange Commission                          route again, after it is initially routed
                                              (‘‘SEC’’ or ‘‘Commission’’) the proposed                    (‘‘re-route’’).5                                            6 Pursuant to Section 11(c) of Chapter VI, orders
tkelley on DSK3SPTVN1PROD with NOTICES




                                              rule change as described in Items I and                                                                               sent by the System pursuant to the SEEK and SRCH
                                              II below, which Items have been                                  3 The
                                                                                                                   term ‘‘System’’ is defined in NOM Rules at       routing options to other markets would not retain
                                              prepared by the Exchange. The                               Chapter VI, Section 1(a).                                 time priority with respect to other orders in the
                                              Commission is publishing this notice to
                                                                                                            4 Participants can designate orders as either           System. If an order routed pursuant to SEEK or
                                                                                                          available for routing or not available for routing. See   SRCH is subsequently returned, in whole or in part,
                                                                                                          Chapter VI, Sec. 11(a).                                   that order, or its remainder, will receive a new time
                                                1 15   U.S.C. 78s(b)(1).                                    5 If an order is only partially routed the portion      stamp reflecting the time of its return to the System.
                                                2 17   CFR 240.19b–4.                                     that was not routed will be posted to the book.             7 ABBO is the away market’s best bid or offer.




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Document Created: 2018-02-23 09:27:07
Document Modified: 2018-02-23 09:27:07
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 44410 

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