80_FR_45836 80 FR 45689 - Submission of OMB Review; Comment Request

80 FR 45689 - Submission of OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 147 (July 31, 2015)

Page Range45689-45690
FR Document2015-18765

Federal Register, Volume 80 Issue 147 (Friday, July 31, 2015)
[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Notices]
[Pages 45689-45690]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18765]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION


Submission of 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:
     Rule 31a-2; SEC File No. 270-174, OMB Control No. 3235-0179.

    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 (the ``Commission'') has submitted to the Office of 
Management and Budget a request for extension of the previously 
approved collection of information discussed below.
    Section 31(a)(1) of the Investment Company Act of 1940 (the 
``Act'') (15 U.S.C. 80a-30(a)(1)) requires registered investment 
companies (``funds'') and certain underwriters, broker-dealers, 
investment advisers, and depositors to maintain and preserve records as 
prescribed by Commission rules. Rule 31a-1 under the Act (17 CFR 
270.31a-1) specifies the books and records that each of these entities 
must maintain. Rule 31a-2 under the Act (17 CFR 270.31a-2), which was 
adopted on April 17, 1944, specifies the time periods that entities 
must retain certain books and records, including those required to be 
maintained under rule 31a-1.
    Rule 31a-2 requires the following:
    1. Every fund must preserve permanently, and in an easily 
accessible place for the first two years, all books and records 
required under rule 31a-1(b)(1)-(4).\1\
---------------------------------------------------------------------------

    \1\ These include, among other records, journals detailing daily 
purchases and sales of securities, general and auxiliary ledgers 
reflecting all asset, liability, reserve, capital, income and 
expense accounts, separate ledgers reflecting separately for each 
portfolio security as of the trade date all ``long'' and ``short'' 
positions carried by the fund for its own account, and corporate 
charters, certificates of incorporation, by-laws and minute books.
---------------------------------------------------------------------------

    2. Every fund must preserve for at least six years, and in an 
easily accessible place for the first two years:
    a. All books and records required under rule 31a-1(b)(5)-(12); \2\
---------------------------------------------------------------------------

    \2\ These include, among other records, records of each 
brokerage order given in connection with purchases and sales of 
securities by the fund, records of all other portfolio purchases or 
sales, records of all puts, calls, spreads, straddles or other 
options in which the fund has an interest, has granted, or has 
guaranteed, records of proof of money balances in all ledger 
accounts, files of all advisory material received from the 
investment adviser, and memoranda identifying persons, committees, 
or groups authorizing the purchase or sale of securities for the 
fund.
---------------------------------------------------------------------------

    b. all vouchers, memoranda, correspondence, checkbooks, bank 
statements, canceled checks, cash reconciliations, canceled stock 
certificates, and all schedules evidencing and supporting each 
computation of net asset value of fund shares, and other documents 
required to be maintained by rule 31a-1(a) and not enumerated in rule 
31a-1(b);
    c. any advertisement, pamphlet, circular, form letter or other 
sales literature addressed or intended for distribution to prospective 
investors;
    d. any record of the initial determination that a director is not 
an interested person of the fund, and each subsequent determination 
that the director is not an interested person of the fund, including 
any questionnaire and any other document used to determine that a 
director is not an interested person of the company;
    e. any materials used by the disinterested directors of a fund to 
determine that a person who is acting as legal counsel to those 
directors is an independent legal counsel; and
    f. any documents or other written information considered by the 
directors of the fund pursuant to section 15(c) of the Act (15 U.S.C. 
80a-15(c)) in approving the terms or renewal of a contract or agreement 
between the fund and an investment advisor.\3\
---------------------------------------------------------------------------

    \3\ Section 15 of the Act requires that fund directors, 
including a majority of independent directors, annually approve the 
fund's advisory contract and that the directors first obtain from 
the adviser the information reasonably necessary to evaluate the 
contract. The information request requirement in section 15 provides 
fund directors, including independent directors, a tool for 
obtaining the information they need to represent shareholder 
interests.
---------------------------------------------------------------------------

    3. Every underwriter, broker, or dealer that is a majority-owned 
subsidiary of a fund must preserve records required to be preserved by 
brokers and dealers under rules adopted under section 17 of the 
Securities Exchange Act of 1934 (15 U.S.C. 78q) (``section 17'') for 
the periods established in those rules.
    4. Every depositor of a fund, and every principal underwriter of a 
fund (other than a closed-end fund), must preserve for at least six 
years records required to be maintained by brokers and dealers under 
rules adopted under section 17 to the extent the records are necessary 
or appropriate to record the entity's transactions with the fund.
    5. Every investment adviser that is a majority-owned subsidiary of 
a fund must preserve the records required to be preserved by investment 
advisers under rules adopted under section 204 of the Investment 
Advisers Act of 1940 (15 U.S.C. 80b-4) (``section 204'') for the 
periods specified in those rules.
    6. Every investment adviser that is not a majority-owned subsidiary 
of a fund must preserve for at least six years records required to be 
maintained by registered investment advisers under rules adopted under 
section 204 to the extent the records are necessary or appropriate to 
reflect the adviser's transactions with the fund.
    The records required to be maintained and preserved under this part 
may be maintained and preserved for the required time by, or on behalf 
of, a fund on (i) micrographic media, including microfilm, microfiche, 
or any similar medium, or (ii) electronic storage media, including any 
digital storage medium or system that meets the terms of rule 31a-2(f). 
The fund, or person that maintains and preserves records on its behalf, 
must arrange and index the records in a way that permits easy location, 
access, and retrieval of any particular record.\4\
---------------------------------------------------------------------------

    \4\ In addition, the fund, or person who maintains and preserves 
records for the fund, must provide promptly any of the following 
that the Commission (by its examiners or other representatives) or 
the directors of the fund may request: (A) A legible, true, and 
complete copy of the record in the medium and format in which it is 
stored; (B) a legible, true, and complete printout of the record; 
and (C) means to access, view, and print the records; and must 
separately store, for the time required for preservation of the 
original record, a duplicate copy of the record on any medium 
allowed by rule 31a-2(f). In the case of records retained on 
electronic storage media, the fund, or person that maintains and 
preserves records on its behalf, must establish and maintain 
procedures: (i) To maintain and preserve the records, so as to 
reasonably safeguard them from loss, alteration, or destruction; 
(ii) to limit access to the records to properly authorized 
personnel, the directors of the fund, and the Commission (including 
its examiners and other representatives); and (iii) to reasonably 
ensure that any reproduction of a non-electronic original record on 
electronic storage media is complete, true, and legible when 
retrieved.

---------------------------------------------------------------------------

[[Page 45690]]

    We periodically inspect the operations of all funds to ensure their 
compliance with the provisions of the Act and the rules under the Act. 
Our staff spends a significant portion of its time in these inspections 
reviewing the information contained in the books and records required 
to be kept by rule 31a-1 and to be preserved by rule 31a-2.
    There are 3146 funds currently operating as of December 31, 2014, 
all of which are required to comply with rule 31a-2. Based on 
conversations with representatives of the fund industry and past 
estimates, our staff estimates that each fund currently spends 220 
total hours per year complying with rule 31a-2. Our staff estimates 
that the 220 hours spent by typical fund would be split evenly between 
administrative and computer operation personnel,\5\ with 110 hours 
spent by a general clerk at a rate of $57 per hour and 110 hours spent 
by a senior computer operator at a rate of $87 per hour.\6\ Based on 
these estimates, our staff estimates that the total annual burden for 
all funds to comply with rule 31a-2 is 692,120 hours at an estimated 
cost of $49,832,640.\7\
---------------------------------------------------------------------------

    \5\ However, the hour burden may be incurred by a variety of 
fund staff, and the type of staff position used for compliance with 
the rule may vary widely from fund to fund.
    \6\ The estimated salary rates are derived 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.
    \7\ This estimate is based on the following calculations: 3146 
funds x 220 hours = 692,120 total hours; 692,120 hours/2 = 346,060 
hours; 346,060 x $57 rate per hour for a clerk = $19,725,420; 
346,060 x $87 rate per hour for a computer operator = $30,107,220; 
$19,725,420 + $30,107,220 = $49,832,640 total cost.
---------------------------------------------------------------------------

    The hour burden estimates for retaining records under rule 31a-2 
are based on our experience with registrants and our experience with 
similar requirements under the Act and the rules under the Act. The 
number of burden hours may vary depending on, among other things, the 
complexity of the fund, the issues faced by the fund, and the number of 
series and classes of the fund. The estimated average burden hours are 
made solely for purposes of the Paperwork Reduction Act and are not 
derived from quantitative, comprehensive, or even representative survey 
or study of the burdens associated with our rules and forms.
    Based on conversations with representatives of the fund industry 
and past estimates, our staff estimates that the average cost of 
preserving books and records required by rule 31a-2 is approximately 
$74,782 annually per fund.\8\ As discussed previously, there are 3,146 
funds currently operating, for a total cost of preserving records as 
required by rule 31a-2 of approximately $235,264,172 per year.\9\ Our 
staff understands, however, based on previous conversations with 
representatives of the fund industry, that even in the absence of rule 
31a-2 funds would already spend approximately half of this amount 
($117,632,086) to preserve these same books and records, as they are 
also necessary to prepare financial statements, meet various state 
reporting requirements, and prepare their annual federal and state 
income tax returns. Therefore, we estimate that the total annual cost 
burden for all funds as a result of compliance with rule 31a-2 is 
approximately $117,632,086 per year.
---------------------------------------------------------------------------

    \8\ This estimate is based on staff's 2012 estimate of costs of 
preserving books and records required by rule 31a-2 ($70,000), 
adjusted for inflation to January 2015 values using the Personal 
Consumption Expenditures Chain-Type Price Index (``PCE Index''). The 
values of the PCE Index are available from the Bureau of Economic 
Analysis, a bureau of the Department of Commerce. See Bureau of 
Economic Analysis, Table 2.8.6. Real Personal Consumption 
Expenditures by Major Type of Product, Monthly, Chained Dollars 
(Last Revised on March 2, 2015), available at http://www.bea.gov/iTable/iTable.cfm?ReqID=9&step=1#reqid=9&step=3&isuri=1&903=83. 
Thus, $70,000 (2012 estimate) x 11,163.6 (Jan. 2015 PCE Index 
value)/10,449.7 (2012 PCE Index value) = $74,782 (Jan. 2015 
inflation adjusted estimate).
    \9\ This estimate is based on the following calculation: 3,146 
funds x $74,782 = $235,264,172.
---------------------------------------------------------------------------

    The estimate of average burden hours is made solely for the 
purposes of the Paperwork Reduction Act, and is not derived from a 
comprehensive or even a representative survey or study of the costs of 
Commission rules and forms.
    The collection of information under rule 31a-2 is mandatory for all 
funds. 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: July 27, 2015.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-18765 Filed 7-30-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                       Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Notices                                                          45689

                                                    publication of notice of filing of this                    prescribed by Commission rules. Rule                       of the fund pursuant to section 15(c) of
                                                    proposed rule change is July 27, 2015.                     31a–1 under the Act (17 CFR 270.31a–                       the Act (15 U.S.C. 80a–15(c)) in
                                                       The Commission is extending the 45-                     1) specifies the books and records that                    approving the terms or renewal of a
                                                    day time period for Commission action                      each of these entities must maintain.                      contract or agreement between the fund
                                                    on the proposed rule change. ICC’s                         Rule 31a–2 under the Act (17 CFR                           and an investment advisor.3
                                                    proposed rule change would revise the                      270.31a–2), which was adopted on April                        3. Every underwriter, broker, or dealer
                                                    ICC Risk Management Framework to                           17, 1944, specifies the time periods that                  that is a majority-owned subsidiary of a
                                                    extend its General Wrong Way Risk                          entities must retain certain books and                     fund must preserve records required to
                                                    framework to the portfolio level to                        records, including those required to be                    be preserved by brokers and dealers
                                                    account for the potential accumulation                     maintained under rule 31a–1.                               under rules adopted under section 17 of
                                                    of portfolio wrong way risk through Risk                      Rule 31a–2 requires the following:                      the Securities Exchange Act of 1934 (15
                                                    Factor specific wrong way risk                                1. Every fund must preserve                             U.S.C. 78q) (‘‘section 17’’) for the
                                                    exposures. The Commission finds it is                      permanently, and in an easily accessible                   periods established in those rules.
                                                    appropriate to designate a longer period                   place for the first two years, all books                      4. Every depositor of a fund, and
                                                    within which to take action on the                         and records required under rule 31a–                       every principal underwriter of a fund
                                                    proposed rule change so that it has                        1(b)(1)–(4).1                                              (other than a closed-end fund), must
                                                    sufficient time to consider ICC’s                             2. Every fund must preserve for at                      preserve for at least six years records
                                                    proposed rule change.                                      least six years, and in an easily                          required to be maintained by brokers
                                                       Accordingly, the Commission,                            accessible place for the first two years:                  and dealers under rules adopted under
                                                    pursuant to section 19(b)(2) of the Act,5                     a. All books and records required                       section 17 to the extent the records are
                                                    designates September 10, 2015, as the                      under rule 31a–1(b)(5)–(12); 2                             necessary or appropriate to record the
                                                    date by which the Commission should                           b. all vouchers, memoranda,                             entity’s transactions with the fund.
                                                    either approve or disapprove, or                           correspondence, checkbooks, bank                              5. Every investment adviser that is a
                                                    institute proceedings to determine                         statements, canceled checks, cash                          majority-owned subsidiary of a fund
                                                    whether to disapprove, the proposed                        reconciliations, canceled stock                            must preserve the records required to be
                                                    rule change (File No. SR–ICC–2015–                         certificates, and all schedules                            preserved by investment advisers under
                                                    009).                                                      evidencing and supporting each                             rules adopted under section 204 of the
                                                      For the Commission, by the Division of
                                                                                                               computation of net asset value of fund                     Investment Advisers Act of 1940 (15
                                                    Trading and Markets, pursuant to delegated                 shares, and other documents required to                    U.S.C. 80b–4) (‘‘section 204’’) for the
                                                    authority.6                                                be maintained by rule 31a–1(a) and not                     periods specified in those rules.
                                                    Robert W. Errett,                                          enumerated in rule 31a–1(b);                                  6. Every investment adviser that is not
                                                    Deputy Secretary.
                                                                                                                  c. any advertisement, pamphlet,                         a majority-owned subsidiary of a fund
                                                                                                               circular, form letter or other sales                       must preserve for at least six years
                                                    [FR Doc. 2015–18769 Filed 7–30–15; 8:45 am]
                                                                                                               literature addressed or intended for                       records required to be maintained by
                                                    BILLING CODE 8011–01–P
                                                                                                               distribution to prospective investors;                     registered investment advisers under
                                                                                                                  d. any record of the initial                            rules adopted under section 204 to the
                                                                                                               determination that a director is not an                    extent the records are necessary or
                                                    SECURITIES AND EXCHANGE
                                                                                                               interested person of the fund, and each                    appropriate to reflect the adviser’s
                                                    COMMISSION
                                                                                                               subsequent determination that the                          transactions with the fund.
                                                    Submission of OMB Review; Comment                          director is not an interested person of                       The records required to be maintained
                                                    Request                                                    the fund, including any questionnaire                      and preserved under this part may be
                                                                                                               and any other document used to                             maintained and preserved for the
                                                    Upon Written Request, Copies Available                     determine that a director is not an                        required time by, or on behalf of, a fund
                                                     From: Securities and Exchange                             interested person of the company;                          on (i) micrographic media, including
                                                     Commission, Office of FOIA Services,                         e. any materials used by the                            microfilm, microfiche, or any similar
                                                     100 F Street NE., Washington, DC                          disinterested directors of a fund to                       medium, or (ii) electronic storage media,
                                                     20549–2736.                                               determine that a person who is acting as                   including any digital storage medium or
                                                    Extension:                                                 legal counsel to those directors is an                     system that meets the terms of rule 31a–
                                                      Rule 31a–2; SEC File No. 270–174, OMB                    independent legal counsel; and                             2(f). The fund, or person that maintains
                                                        Control No. 3235–0179.                                    f. any documents or other written                       and preserves records on its behalf,
                                                       Notice is hereby given that, pursuant                   information considered by the directors                    must arrange and index the records in
                                                    to the Paperwork Reduction Act of 1995                                                                                a way that permits easy location, access,
                                                                                                                  1 These include, among other records, journals
                                                    (44 U.S.C. 3501 et seq.), the Securities                                                                              and retrieval of any particular record.4
                                                                                                               detailing daily purchases and sales of securities,
                                                    and Exchange Commission (the                               general and auxiliary ledgers reflecting all asset,
                                                    ‘‘Commission’’) has submitted to the                       liability, reserve, capital, income and expense              3 Section 15 of the Act requires that fund

                                                    Office of Management and Budget a                          accounts, separate ledgers reflecting separately for       directors, including a majority of independent
                                                    request for extension of the previously                    each portfolio security as of the trade date all           directors, annually approve the fund’s advisory
                                                                                                               ‘‘long’’ and ‘‘short’’ positions carried by the fund for   contract and that the directors first obtain from the
                                                    approved collection of information                         its own account, and corporate charters, certificates      adviser the information reasonably necessary to
                                                    discussed below.                                           of incorporation, by-laws and minute books.                evaluate the contract. The information request
                                                       Section 31(a)(1) of the Investment                         2 These include, among other records, records of        requirement in section 15 provides fund directors,
                                                                                                                                                                          including independent directors, a tool for
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Company Act of 1940 (the ‘‘Act’’) (15                      each brokerage order given in connection with
                                                                                                               purchases and sales of securities by the fund,             obtaining the information they need to represent
                                                    U.S.C. 80a–30(a)(1)) requires registered                   records of all other portfolio purchases or sales,         shareholder interests.
                                                    investment companies (‘‘funds’’) and                       records of all puts, calls, spreads, straddles or other      4 In addition, the fund, or person who maintains

                                                    certain underwriters, broker-dealers,                      options in which the fund has an interest, has             and preserves records for the fund, must provide
                                                    investment advisers, and depositors to                     granted, or has guaranteed, records of proof of            promptly any of the following that the Commission
                                                                                                               money balances in all ledger accounts, files of all        (by its examiners or other representatives) or the
                                                    maintain and preserve records as                           advisory material received from the investment             directors of the fund may request: (A) A legible,
                                                                                                               adviser, and memoranda identifying persons,                true, and complete copy of the record in the
                                                      5 15   U.S.C. 78s(b)(2).                                 committees, or groups authorizing the purchase or          medium and format in which it is stored; (B) a
                                                      6 17   CFR 200.30–3(a)(31).                              sale of securities for the fund.                                                                       Continued




                                               VerDate Sep<11>2014     17:44 Jul 30, 2015   Jkt 235001   PO 00000   Frm 00051   Fmt 4703    Sfmt 4703   E:\FR\FM\31JYN1.SGM      31JYN1


                                                    45690                             Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Notices

                                                      We periodically inspect the                             and the number of series and classes of                directed to: (i) Desk Officer for the
                                                    operations of all funds to ensure their                   the fund. The estimated average burden                 Securities and Exchange Commission,
                                                    compliance with the provisions of the                     hours are made solely for purposes of                  Office of Information and Regulatory
                                                    Act and the rules under the Act. Our                      the Paperwork Reduction Act and are                    Affairs, Office of Management and
                                                    staff spends a significant portion of its                 not derived from quantitative,                         Budget, Room 10102, New Executive
                                                    time in these inspections reviewing the                   comprehensive, or even representative                  Office Building, Washington, DC 20503,
                                                    information contained in the books and                    survey or study of the burdens                         or by sending an email to: Shagufta_
                                                    records required to be kept by rule 31a–                  associated with our rules and forms.                   Ahmed@omb.eop.gov; and (ii) Pamela
                                                    1 and to be preserved by rule 31a–2.                         Based on conversations with                         Dyson, Director/Chief Information
                                                      There are 3146 funds currently                          representatives of the fund industry and               Officer, Securities and Exchange
                                                    operating as of December 31, 2014, all                    past estimates, our staff estimates that               Commission, c/o Remi Pavlik-Simon,
                                                    of which are required to comply with                      the average cost of preserving books and               100 F Street NE., Washington, DC 20549
                                                    rule 31a–2. Based on conversations with                   records required by rule 31a–2 is                      or send an email to: PRA_Mailbox@
                                                    representatives of the fund industry and                  approximately $74,782 annually per                     sec.gov. Comments must be submitted to
                                                    past estimates, our staff estimates that                  fund.8 As discussed previously, there                  OMB within 30 days of this notice.
                                                    each fund currently spends 220 total                      are 3,146 funds currently operating, for                 Dated: July 27, 2015.
                                                    hours per year complying with rule                        a total cost of preserving records as
                                                                                                                                                                     Robert W. Errett,
                                                    31a–2. Our staff estimates that the 220                   required by rule 31a–2 of approximately
                                                    hours spent by typical fund would be                                                                             Deputy Secretary.
                                                                                                              $235,264,172 per year.9 Our staff
                                                    split evenly between administrative and                   understands, however, based on                         [FR Doc. 2015–18765 Filed 7–30–15; 8:45 am]
                                                    computer operation personnel,5 with                       previous conversations with                            BILLING CODE 8011–01–P
                                                    110 hours spent by a general clerk at a                   representatives of the fund industry,
                                                    rate of $57 per hour and 110 hours spent                  that even in the absence of rule 31a–2
                                                    by a senior computer operator at a rate                   funds would already spend                              SECURITIES AND EXCHANGE
                                                    of $87 per hour.6 Based on these                          approximately half of this amount                      COMMISSION
                                                    estimates, our staff estimates that the                   ($117,632,086) to preserve these same
                                                                                                                                                                     [Release No. 34–75528; File No. SR–OCC–
                                                    total annual burden for all funds to                      books and records, as they are also                    2015–013]
                                                    comply with rule 31a–2 is 692,120                         necessary to prepare financial
                                                    hours at an estimated cost of                             statements, meet various state reporting               Self-Regulatory Organizations; The
                                                    $49,832,640.7                                             requirements, and prepare their annual                 Options Clearing Corporation; Order
                                                      The hour burden estimates for                           federal and state income tax returns.                  Approving a Proposed Rule Change To
                                                    retaining records under rule 31a–2 are                    Therefore, we estimate that the total                  Codify Procedures for Resizing the
                                                    based on our experience with registrants                  annual cost burden for all funds as a                  Options Clearing Corporation’s
                                                    and our experience with similar                           result of compliance with rule 31a–2 is                Clearing Fund on a Monthly Basis and
                                                    requirements under the Act and the                        approximately $117,632,086 per year.                   Increasing Such Clearing Fund Size on
                                                    rules under the Act. The number of                           The estimate of average burden hours                an Intra-Month Basis
                                                    burden hours may vary depending on,                       is made solely for the purposes of the
                                                    among other things, the complexity of                     Paperwork Reduction Act, and is not                    July 27, 2015.
                                                    the fund, the issues faced by the fund,                   derived from a comprehensive or even                      On June 19, 2015, The Options
                                                                                                              a representative survey or study of the                Clearing Corporation (‘‘OCC’’) filed with
                                                    legible, true, and complete printout of the record;       costs of Commission rules and forms.                   the Securities and Exchange
                                                    and (C) means to access, view, and print the                 The collection of information under                 Commission (‘‘Commission’’) the
                                                    records; and must separately store, for the time
                                                    required for preservation of the original record, a       rule 31a–2 is mandatory for all funds.                 proposed rule change SR–OCC–2015–
                                                    duplicate copy of the record on any medium                An agency may not conduct or sponsor,                  013 pursuant to Section 19(b)(1) of the
                                                    allowed by rule 31a–2(f). In the case of records          and a person is not required to respond                Securities Exchange Act of 1934
                                                    retained on electronic storage media, the fund, or        to, a collection of information unless it              (‘‘Act’’) 1 and Rule 19b–4 thereunder.2
                                                    person that maintains and preserves records on its
                                                    behalf, must establish and maintain procedures: (i)       displays a currently valid control                     The proposed rule change was
                                                    To maintain and preserve the records, so as to            number.                                                published for comment in the Federal
                                                    reasonably safeguard them from loss, alteration, or          The public may view the background                  Register on June 26, 2015.3 The
                                                    destruction; (ii) to limit access to the records to       documentation for this information                     Commission did not receive any
                                                    properly authorized personnel, the directors of the
                                                    fund, and the Commission (including its examiners         collection at the following Web site,                  comments on the proposed rule change.
                                                    and other representatives); and (iii) to reasonably       www.reginfo.gov. Comments should be                    This order approves the proposed rule
                                                    ensure that any reproduction of a non-electronic                                                                 change.
                                                    original record on electronic storage media is               8 This estimate is based on staff’s 2012 estimate
                                                    complete, true, and legible when retrieved.               of costs of preserving books and records required      I. Description
                                                       5 However, the hour burden may be incurred by
                                                                                                              by rule 31a–2 ($70,000), adjusted for inflation to
                                                    a variety of fund staff, and the type of staff position   January 2015 values using the Personal
                                                                                                                                                                        According to OCC, it is amending
                                                    used for compliance with the rule may vary widely         Consumption Expenditures Chain-Type Price Index        Rule 1001(a) to codify the Commission’s
                                                    from fund to fund.                                        (‘‘PCE Index’’). The values of the PCE Index are       recent approval of and non-objection to
                                                       6 The estimated salary rates are derived from          available from the Bureau of Economic Analysis, a      procedures for resizing the clearing fund
                                                    SIFMA’s Office Salaries in the Securities Industry        bureau of the Department of Commerce. See Bureau
                                                    2013, modified by Commission staff to account for         of Economic Analysis, Table 2.8.6. Real Personal
                                                                                                                                                                     on a monthly basis and increasing such
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    an 1800-hour work-year and multiplied by 2.93 to          Consumption Expenditures by Major Type of              clearing fund size on an intra-month
                                                    account for bonuses, firm size, employee benefits         Product, Monthly, Chained Dollars (Last Revised on     basis to ensure OCC maintains sufficient
                                                    and overhead.                                             March 2, 2015), available at http://www.bea.gov/       financial resources consistent with
                                                       7 This estimate is based on the following              iTable/iTable.cfm?ReqID=9&step=1#reqid=9&
                                                    calculations: 3146 funds × 220 hours = 692,120 total      step=3&isuri=1&903=83. Thus, $70,000 (2012
                                                    hours; 692,120 hours/2 = 346,060 hours; 346,060 ×         estimate) × 11,163.6 (Jan. 2015 PCE Index value)/        1 15  U.S.C. 78s(b)(1).
                                                                                                              10,449.7 (2012 PCE Index value) = $74,782 (Jan.          2 17  CFR 240.19b–4.
                                                    $57 rate per hour for a clerk = $19,725,420; 346,060
                                                    × $87 rate per hour for a computer operator =             2015 inflation adjusted estimate).                        3 Securities Exchange Act Release No. 75260

                                                    $30,107,220; $19,725,420 + $30,107,220 =                     9 This estimate is based on the following           (June 22, 2015), 80 FR 36867 (June 26, 2015) (SR–
                                                    $49,832,640 total cost.                                   calculation: 3,146 funds × $74,782 = $235,264,172.     OCC–2015–013).



                                               VerDate Sep<11>2014    17:44 Jul 30, 2015   Jkt 235001   PO 00000   Frm 00052   Fmt 4703   Sfmt 4703   E:\FR\FM\31JYN1.SGM     31JYN1



Document Created: 2015-12-15 13:00:01
Document Modified: 2015-12-15 13:00:01
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 45689 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR