80_FR_49106 80 FR 48949 - Proposed Collection; Comment Request

80 FR 48949 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 157 (August 14, 2015)

Page Range48949-48950
FR Document2015-20156

Federal Register, Volume 80 Issue 157 (Friday, August 14, 2015)
[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Notices]
[Pages 48949-48950]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20156]


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SECURITIES AND EXCHANGE COMMISSION


Proposed Collection; Comment Request

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

Extension:
    Rules 3a68-2 and 3a68-4(c);
    SEC File No. 270-641, OMB Control No. 3235-0685.

    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 (``SEC'') is soliciting comments on the existing collection 
of information provided for Rules 3a68-2 and 3a68-4(c). The SEC plans 
to submit this existing collection of information to the Office of 
Management and Budget (``OMB'') for extension and approval.
    Rule 3a68-2 creates a process for interested persons to request a 
joint interpretation by the SEC and the Commodity Futures Trading 
Commission (``CFTC'') (together with the SEC, the ``Commissions'') 
regarding whether a particular instrument (or class of instruments) is 
a swap, a security-based swap, or both (i.e., a mixed swap). Under Rule 
3a68-2, a person provides to the Commissions a copy of all material 
information regarding the terms of, and a statement of the economic 
characteristics and purpose of, each relevant agreement, contract, or 
transaction (or class thereof), along with that person's determination 
as to whether each such agreement, contract, or transaction (or class 
thereof) should be characterized as a swap, security-based swap, or 
both (i.e., a mixed swap). The Commissions also may request the 
submitting person to provide additional information.
    The SEC expects 25 requests pursuant to Rule 3a68-2 per year. The 
SEC estimates the total paperwork burden associated with preparing and 
submitting each request would be 20 hours to retrieve, review, and 
submit the information associated with the submission. This 20 hour 
burden is divided between the SEC and the CFTC, with 10 hours per 
response regarding reporting to the SEC and 10 hours of response 
regarding third party disclosure to the CFTC.\1\ The SEC estimates this 
would result in an aggregate annual burden of 500 hours (25 requests x 
20 hours/request).
---------------------------------------------------------------------------

    \1\ The burdens imposed by the CFTC are included in this 
collection of information.
---------------------------------------------------------------------------

    The SEC estimates that the total costs resulting from a submission 
under Rule 3a68-2 would be approximately $12,000 for outside attorneys 
to retrieve, review, and submit the information associated with the 
submission. The SEC estimates this would result in aggregate costs each 
year of $300,000 (25 requests x 30 hours/request x $400).
    Rule 3a68-4(c) establishes a process for persons to request that 
the Commissions issue a joint order permitting such persons (and any 
other person or persons that subsequently lists, trades, or clears that 
class of mixed swap) to comply, as to parallel provisions only, with 
specified parallel provisions of either the Commodity Exchange Act 
(``CEA'') or the Securities Exchange Act of 1934 (``Exchange Act''), 
and related rules and regulations (collectively ``specified parallel 
provisions''), instead of being required to comply with parallel 
provisions of both the CEA and the Exchange Act.
    The SEC expects ten requests pursuant to Rule 3a68-4(c) per year. 
The SEC estimates that nine of these requests will have also been made 
in a request for a joint interpretation pursuant to Rule 3a68-2, and 
one will not have been. The SEC estimates the total burden for the one 
request for which the joint interpretation pursuant to 3a68-2 was not 
requested would be 30 hours, and the total burden associated with the 
other nine requests would be 20 hours per request because some of the 
information required to be submitted pursuant to Rule 3a68-4(c) would 
have already been submitted pursuant to Rule 3a68-2. The burden in both 
cases is evenly divided between the SEC and the CFTC.

[[Page 48950]]

    The SEC estimates that the total costs resulting from a submission 
under Rule 3a68-4(c) would be approximately $20,000 for the services of 
outside attorneys to retrieve, review, and submit the information 
associated with the submission of the one request for which a request 
for a joint interpretation pursuant to Rule 3a68-2 was not previously 
made (1 request x 50 hours/request x $400). For the nine requests for 
which a request for a joint interpretation pursuant to Rule 3a68-2 was 
previously made, the SEC estimates the total costs associated with 
preparing and submitting a party's request pursuant to Rule 3a68-4(c) 
would be $6,000 less per request because, as discussed above, some of 
the information required to be submitted pursuant to Rule 3a68-4(c) 
already would have been submitted pursuant to Rule 3a68-2. The SEC 
estimates this would result in an aggregate cost each year of $126,000 
for the services of outside attorneys (9 requests x 35 hours/request x 
$400).
    Written comments are invited on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the SEC, including whether the information shall have 
practical utility; (b) the accuracy of the SEC'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: August 11, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-20156 Filed 8-13-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                  Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices                                                 48949

                                                    announce such implementation date in                    Washington, DC 20549, on official                      agreement, contract, or transaction (or
                                                    a Regulatory Notice.                                    business days between the hours of                     class thereof) should be characterized as
                                                                                                            10:00 a.m. and 3:00 p.m. Copies of such                a swap, security-based swap, or both
                                                    III. Date of Effectiveness of the
                                                                                                            filing also will be available for                      (i.e., a mixed swap). The Commissions
                                                    Proposed Rule Change and Timing for
                                                                                                            inspection and copying at the principal                also may request the submitting person
                                                    Commission Action                                       office of FINRA. All comments received                 to provide additional information.
                                                       Within 45 days of the date of                        will be posted without change; the                        The SEC expects 25 requests pursuant
                                                    publication of this notice in the Federal               Commission does not edit personal                      to Rule 3a68–2 per year. The SEC
                                                    Register or within such longer period (i)               identifying information from                           estimates the total paperwork burden
                                                    as the Commission may designate up to                   submissions. You should submit only                    associated with preparing and
                                                    90 days of such date if it finds such                   information that you wish to make                      submitting each request would be 20
                                                    longer period to be appropriate and                     available publicly. All submissions                    hours to retrieve, review, and submit the
                                                    publishes its reasons for so finding or                 should refer to File Number SR–FINRA–                  information associated with the
                                                    (ii) as to which the self-regulatory                    2015–029 and should be submitted on                    submission. This 20 hour burden is
                                                    organization consents, the Commission                   or before September 4, 2015.                           divided between the SEC and the CFTC,
                                                    will:                                                     For the Commission, by the Division of               with 10 hours per response regarding
                                                       (A) By order approve or disapprove                   Trading and Markets, pursuant to delegated             reporting to the SEC and 10 hours of
                                                    such proposed rule change, or                           authority.67                                           response regarding third party
                                                       (B) institute proceedings to determine               Robert W. Errett,                                      disclosure to the CFTC.1 The SEC
                                                    whether the proposed rule change                        Deputy Secretary.                                      estimates this would result in an
                                                    should be disapproved.                                                                                         aggregate annual burden of 500 hours
                                                                                                            [FR Doc. 2015–20006 Filed 8–13–15; 8:45 am]
                                                    IV. Solicitation of Comments                                                                                   (25 requests × 20 hours/request).
                                                                                                            BILLING CODE 8011–01–P
                                                                                                                                                                      The SEC estimates that the total costs
                                                      Interested persons are invited to                                                                            resulting from a submission under Rule
                                                    submit written data, views and                                                                                 3a68–2 would be approximately $12,000
                                                    arguments concerning the foregoing,                     SECURITIES AND EXCHANGE
                                                                                                            COMMISSION                                             for outside attorneys to retrieve, review,
                                                    including whether the proposed rule                                                                            and submit the information associated
                                                    change is consistent with the Act.                      Proposed Collection; Comment                           with the submission. The SEC estimates
                                                    Comments may be submitted by any of                     Request                                                this would result in aggregate costs each
                                                    the following methods:                                                                                         year of $300,000 (25 requests × 30
                                                                                                            Upon Written Request, Copies Available                 hours/request × $400).
                                                    Electronic Comments                                      From: U.S. Securities and Exchange                       Rule 3a68–4(c) establishes a process
                                                      • Use the Commission’s Internet                        Commission, Office of FOIA Services,                  for persons to request that the
                                                    comment form (http://www.sec.gov/                        Washington, DC 20549–2736.                            Commissions issue a joint order
                                                    rules/sro.shtml); or                                    Extension:                                             permitting such persons (and any other
                                                      • Send an email to rule-comments@                       Rules 3a68–2 and 3a68–4(c);                          person or persons that subsequently
                                                    sec.gov. Please include File Number SR–                   SEC File No. 270–641, OMB Control No.                lists, trades, or clears that class of mixed
                                                    FINRA–2015–029 on the subject line.                         3235–0685.                                         swap) to comply, as to parallel
                                                    Paper Comments                                            Notice is hereby given that pursuant                 provisions only, with specified parallel
                                                                                                            to the Paperwork Reduction Act of 1995                 provisions of either the Commodity
                                                      • Send paper comments in triplicate
                                                                                                            (44 U.S.C. 3501 et seq.), the Securities               Exchange Act (‘‘CEA’’) or the Securities
                                                    to Robert W. Errett, Deputy Secretary,                  and Exchange Commission (‘‘SEC’’) is                   Exchange Act of 1934 (‘‘Exchange Act’’),
                                                    Securities and Exchange Commission,                     soliciting comments on the existing                    and related rules and regulations
                                                    100 F Street NE., Washington, DC                        collection of information provided for                 (collectively ‘‘specified parallel
                                                    20549–1090.                                             Rules 3a68–2 and 3a68–4(c). The SEC                    provisions’’), instead of being required
                                                    All submissions should refer to File                    plans to submit this existing collection               to comply with parallel provisions of
                                                    Number SR–FINRA–2015–029. This file                     of information to the Office of                        both the CEA and the Exchange Act.
                                                    number should be included on the                        Management and Budget (‘‘OMB’’) for                       The SEC expects ten requests
                                                    subject line if email is used. To help the              extension and approval.                                pursuant to Rule 3a68–4(c) per year.
                                                    Commission process and review your                        Rule 3a68–2 creates a process for                    The SEC estimates that nine of these
                                                    comments more efficiently, please use                   interested persons to request a joint                  requests will have also been made in a
                                                    only one method. The Commission will                    interpretation by the SEC and the                      request for a joint interpretation
                                                    post all comments on the Commission’s                   Commodity Futures Trading                              pursuant to Rule 3a68–2, and one will
                                                    Internet Web site (http://www.sec.gov/                  Commission (‘‘CFTC’’) (together with                   not have been. The SEC estimates the
                                                    rules/sro.shtml). Copies of the                         the SEC, the ‘‘Commissions’’) regarding                total burden for the one request for
                                                    submission, all subsequent                              whether a particular instrument (or                    which the joint interpretation pursuant
                                                    amendments, all written statements                      class of instruments) is a swap, a                     to 3a68–2 was not requested would be
                                                    with respect to the proposed rule                       security-based swap, or both (i.e., a                  30 hours, and the total burden
                                                    change that are filed with the                          mixed swap). Under Rule 3a68–2, a                      associated with the other nine requests
                                                    Commission, and all written                             person provides to the Commissions a                   would be 20 hours per request because
                                                    communications relating to the                          copy of all material information
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                   some of the information required to be
                                                    proposed rule change between the                        regarding the terms of, and a statement                submitted pursuant to Rule 3a68–4(c)
                                                    Commission and any person, other than                   of the economic characteristics and                    would have already been submitted
                                                    those that may be withheld from the                     purpose of, each relevant agreement,                   pursuant to Rule 3a68–2. The burden in
                                                    public in accordance with the                           contract, or transaction (or class                     both cases is evenly divided between
                                                    provisions of 5 U.S.C. 552, will be                     thereof), along with that person’s                     the SEC and the CFTC.
                                                    available for Web site viewing and                      determination as to whether each such
                                                    printing in the Commission’s Public                                                                              1 The burdens imposed by the CFTC are included

                                                    Reference Room, 100 F Street NE.,                         67 17   CFR 200.30–3(a)(12).                         in this collection of information.



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                                                    48950                         Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Notices

                                                       The SEC estimates that the total costs               SECURITIES AND EXCHANGE                               Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                    resulting from a submission under Rule                  COMMISSION                                            19b–4 thereunder,2 a proposed rule
                                                    3a68–4(c) would be approximately                                                                              change to delete the second sentence of
                                                                                                            [File No. 500–1]
                                                    $20,000 for the services of outside                                                                           OCC Rule 1001(a) in order to permit
                                                    attorneys to retrieve, review, and submit               In the Matter of DJSP Enterprises, Inc.;              OCC to adjust the size of its clearing
                                                    the information associated with the                     Order of Suspension of Trading                        fund on an intra-month basis.3 On
                                                    submission of the one request for which                                                                       December 2, 2014, the proposed rule
                                                    a request for a joint interpretation                    August 12, 2015.                                      change was published in the Federal
                                                    pursuant to Rule 3a68–2 was not                            It appears to the Securities and                   Register.4 On January 5, 2015, pursuant
                                                                                                            Exchange Commission (‘‘Commission’’)                  to Section 19(b)(2)(A)(ii)(II) of the Act,5
                                                    previously made (1 request × 50 hours/
                                                                                                            that there is a lack of current and                   the Commission extended the time
                                                    request × $400). For the nine requests
                                                                                                            accurate information concerning the                   period to approve, disapprove, or
                                                    for which a request for a joint                                                                               institute proceedings to determine
                                                                                                            securities of DJSP Enterprises, Inc. (CIK
                                                    interpretation pursuant to Rule 3a68–2                                                                        whether to disapprove the proposed
                                                                                                            No. 0001436612) (‘‘DJSP’’), because
                                                    was previously made, the SEC estimates                                                                        rule change to March 2, 2015. On March
                                                                                                            there is a lack of adequate and accurate
                                                    the total costs associated with preparing               information concerning DJSP’s financial               2, 2015, the Commission instituted
                                                    and submitting a party’s request                        statements contained in its Form 20–F                 proceedings under Section 19(b)(2)(B) of
                                                    pursuant to Rule 3a68–4(c) would be                     filed on April 2, 2010, and in its Forms              the Act to determine whether to approve
                                                    $6,000 less per request because, as                     6–K furnished on May 28, 2010 and                     or disapprove the proposed rule
                                                    discussed above, some of the                            September 22, 2010. DJSP is a British                 change.6 On May 19, 2015, pursuant to
                                                    information required to be submitted                    Virgin Islands corporation based in                   Section 19(b)(2)(B)(ii)(II)(bb),7 the
                                                    pursuant to Rule 3a68–4(c) already                      Plantation, Florida with a class of                   Commission extended the time period
                                                    would have been submitted pursuant to                   securities that was registered with the               for issuing an order to approve or
                                                    Rule 3a68–2. The SEC estimates this                     Commission pursuant to Section 12(b)                  disapprove the proposed rule change to
                                                    would result in an aggregate cost each                  of the Securities Exchange Act of 1934                July 30, 2015. The Commission received
                                                    year of $126,000 for the services of                    (‘‘Exchange Act’’) until June 2011, 90                no comment letters regarding the
                                                    outside attorneys (9 requests × 35 hours/               days after DJSP filed a Form 25 with the              proposed rule change.
                                                    request × $400).                                        Commission voluntary delisting and                       On July 27, 2015, OCC withdrew the
                                                                                                            deregistering its common stock. DJSP’s                proposed rule change (SR–OCC–2014–
                                                       Written comments are invited on: (a)                                                                       21).
                                                    Whether the proposed collection of                      stock is currently quoted on OTC Link,
                                                                                                            operated by OTC Markets Group, Inc.,                    For the Commission, by the Division of
                                                    information is necessary for the proper
                                                                                                            under the ticker: DJSP.                               Trading and Markets, pursuant to delegated
                                                    performance of the functions of the SEC,                   The Commission is of the opinion that              authority.8
                                                    including whether the information shall                 the public interest and the protection of             Robert W. Errett,
                                                    have practical utility; (b) the accuracy of             investors require a suspension of trading             Deputy Secretary.
                                                    the SEC’s estimates of the burden of the                in the securities of DJSP.                            [FR Doc. 2015–20009 Filed 8–13–15; 8:45 am]
                                                    proposed collection of information; (c)                    Therefore, it is ordered, pursuant to              BILLING CODE 8011–01–P
                                                    ways to enhance the quality, utility, and               Section 12(k) of the Exchange Act, that
                                                    clarity of the information to be                        trading in the securities of DJSP
                                                    collected; and (d) ways to minimize the                 Enterprises, Inc. is suspended for the                SOCIAL SECURITY ADMINISTRATION
                                                    burden of the collection of information                 period from 9:30 a.m. EDT on August
                                                    on respondents, including through the                   12, 2015, through 11:59 p.m. EDT on                   [Docket No. SSA –2014–0071]
                                                    use of automated collection techniques                  August 25, 2015.
                                                                                                                                                                  Privacy Act of 1974, as Amended;
                                                    or other forms of information                              By the Commission.                                 Computer Matching Program (SSA/
                                                    technology. Consideration will be given                 Jill M. Peterson,                                     Department of the Treasury, Internal
                                                    to comments and suggestions submitted                   Assistant Secretary.                                  Revenue Service (IRS)—Match Number
                                                    in writing within 60 days of this                       [FR Doc. 2015–20185 Filed 8–12–15; 11:15 am]          1310
                                                    publication.
                                                                                                            BILLING CODE 8011–01–P
                                                       An agency may not conduct or                                                                               AGENCY:    Social Security Administration
                                                                                                                                                                  (SSA).
                                                    sponsor, and a person is not required to
                                                    respond to, a collection of information                 SECURITIES AND EXCHANGE                               ACTION: Notice of a renewal of an
                                                    under the PRA unless it displays a                      COMMISSION                                            existing computer matching program
                                                                                                                                                                  that will expire on September 30, 2015.
                                                    currently valid OMB control number.                     [Release No. 34–75658; File No. SR–OCC–
                                                       Please direct your written comments                  2014–21]                                              SUMMARY:  In accordance with the
                                                    to: Pamela Dyson, Director/Chief                                                                              provisions of the Privacy Act, as
                                                    Information Officer, Securities and                     Self-Regulatory Organizations; The                    amended, this notice announces a
                                                                                                            Options Clearing Corporation; Notice
                                                    Exchange Commission, c/o Remi Pavlik-
                                                                                                            of Withdrawal of a Proposed Rule                        1 15  U.S.C. 78s(b)(1).
                                                    Simon, 100 F Street NE., Washington,
                                                                                                            Change in Order To Permit OCC To                        2 17  CFR 204.19b–4.
                                                    DC 20549, or send an email to: PRA_
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            Adjust the Size of Its Clearing Fund on                 3 See Securities Exchange Act Release No. 73685
                                                    Mailbox@sec.gov.                                        an Intra-Month Basis                                  (November 25, 2014) 78 FR 71479 (December 2,
                                                                                                                                                                  2014) (SR–OCC–2014–21).
                                                      Dated: August 11, 2015.                                                                                       4 Id.
                                                                                                            August 10, 2015.
                                                    Brent J. Fields,                                                                                                5 15 U.S.C. 78s(b)(2)(A)(ii)(II).
                                                                                                              On November 13, 2014, The Options
                                                    Secretary.                                              Clearing Corporation (‘‘OCC’’) filed with
                                                                                                                                                                    6 See Securities Exchange Act Release No. 74406

                                                                                                                                                                  (March 2, 2015), 80 FR 12232 (March 6, 2015) (SR–
                                                    [FR Doc. 2015–20156 Filed 8–13–15; 8:45 am]             the Securities and Exchange                           OCC–2014–21).
                                                    BILLING CODE 8011–01–P                                  Commission (‘‘Commission’’), pursuant                   7 15 U.S.C. 78s(b)(2)(B)(ii)(II)(bb).

                                                                                                            to Section 19(b)(1) of the Securities                   8 17 CFR 200.30–3(a)(12).




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Document Created: 2018-02-23 10:59:29
Document Modified: 2018-02-23 10:59:29
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 48949 

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