80_FR_50215 80 FR 50056 - Proposed Collection; Comment Request

80 FR 50056 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION
Proposed Collection; Comment Request

Federal Register Volume 80, Issue 159 (August 18, 2015)

Page Range50056-50057
FR Document2015-20324

Federal Register, Volume 80 Issue 159 (Tuesday, August 18, 2015)
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50056-50057]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20324]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-562, OMB Control No. 3235-0624]

Proposed Collection; Comment Request




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

Extension:
    Regulation R, Rule 701.

    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 Regulation R, Rule 
701 (17 CFR 247.701) under the Securities Exchange Act of 1934 (15 
U.S.C. 78a et seq.). The Commission plans to submit this existing 
collection of information to the Office of Management and Budget 
(``OMB'') for extension and approval.
    Regulation R, Rule 701 requires a broker or dealer (as part of a 
written agreement between the bank and the broker or dealer) to notify 
the bank if the broker or dealer makes certain

[[Page 50057]]

determinations regarding the financial status of the customer, a bank 
employee's statutory disqualification status, and compliance with 
suitability or sophistication standards.
    The Commission estimates that brokers or dealers would, on average, 
notify 1,000 banks approximately two times annually about a 
determination regarding a customer's high net worth or institutional 
status or suitability or sophistication standing as well as a bank 
employee's statutory disqualification status. Based on these estimates, 
the Commission anticipates that Regulation R, Rule 701 would result in 
brokers or dealers making approximately 2,000 notifications to banks 
per year. The Commission further estimates (based on the level of 
difficulty and complexity of the applicable activities) that a broker 
or dealer would spend approximately 15 minutes per notice to a bank. 
Therefore, the estimated total annual third party disclosure burden for 
the requirements in Regulation R, Rule 701 is 500 \1\ hours for brokers 
or dealers.
---------------------------------------------------------------------------

    \1\ (2000 notices x 15 minutes) = 30,000 minutes/60 minutes = 
500 hours.
---------------------------------------------------------------------------

    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 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: PRA_Mailbox@sec.gov.

    Dated: August 13, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-20324 Filed 8-17-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                    50056                        Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices

                                                    Financial Group, Des Moines, IA 50392–                  from sections 12(d)(1)(A) and (B) of the                exemption is consistent with the public
                                                    0300.                                                   Act. The requested Order would permit                   interest and the protection of investors.
                                                    ADDRESSES: Diane L. Titus, Paralegal                    applicants to offer exchange-traded                        7. Applicants submit that for the
                                                    Specialist, or Dalia Osman Blass,                       managed funds. Because the relief                       reasons stated in the Reference Order:
                                                    Assistant Chief Counsel, at (202) 551–                  requested is the same as the relief                     (1) With respect to the relief requested
                                                    6821 (Division of Investment                            granted by the Commission under the                     pursuant to section 6(c) of the Act, the
                                                    Management, Chief Counsel’s Office).                    Reference Order and because the                         relief is appropriate, in the public
                                                                                                            Adviser has entered into, or anticipates                interest and consistent with the
                                                    SUPPLEMENTARY INFORMATION: The
                                                                                                            entering into, a licensing agreement                    protection of investors and the purposes
                                                    following is a summary of the
                                                                                                            with Eaton Vance Management, or an                      fairly intended by the policy and
                                                    application. The complete application
                                                                                                            affiliate thereof in order to offer                     provisions of the Act; (2) with respect to
                                                    may be obtained via the Commission’s
                                                                                                            exchange-traded managed funds,2 the                     the relief request pursuant to section
                                                    Web site by searching for the file
                                                                                                            Order would incorporate by reference                    17(b) of the Act, the proposed
                                                    number, or for an applicant using the
                                                                                                            the terms and conditions of the                         transactions are reasonable and fair and
                                                    Company name box, at http://
                                                                                                            Reference Order.                                        do not involve overreaching on the part
                                                    www.sec.gov/search/search.htm or by                        5. Applicants request that the Order                 of any person concerned, are consistent
                                                    calling (202) 551–8090.                                 apply to the Initial Funds and to any                   with the policies of each registered
                                                    Applicants                                              other existing or future open-end                       investment company concerned and
                                                                                                            management investment company or                        consistent with the general purposes of
                                                       1. The Trust will be registered as an
                                                                                                            series thereof that: (a) Is advised by the              the Act; and (3) with respect to the relief
                                                    open-end management investment
                                                                                                            Adviser or any entity controlling,                      requested pursuant to section 12(d)(1)(J)
                                                    company under the Act and is a
                                                                                                            controlled by, or under common control                  of the Act, the relief is consistent with
                                                    statutory trust organized under the laws
                                                                                                            with the Adviser (any such entity                       the public interest and the protection of
                                                    of Delaware. Applicants seek relief with
                                                                                                            included in the term ‘‘Adviser’’); and (b)              investors.
                                                    respect to a Fund (as defined below, and
                                                                                                            operates as an exchange-traded managed
                                                    that Fund, the ‘‘Initial Fund’’). The                                                                             By the Division of Investment
                                                                                                            fund as described in the Reference                      Management, pursuant to delegated
                                                    portfolio positions of the Fund will
                                                                                                            Order; and (c) complies with the terms                  authority.
                                                    consist of securities and other assets
                                                                                                            and conditions of the Order and of the                  Brent J. Fields,
                                                    selected and managed by its Manager or
                                                                                                            Reference Order, which is incorporated
                                                    Subadviser (as defined below) to pursue                                                                         Secretary.
                                                                                                            by reference herein (each such company
                                                    the Fund’s investment objective.                                                                                [FR Doc. 2015–20326 Filed 8–17–15; 8:45 am]
                                                                                                            or series and Initial Fund, a ‘‘Fund’’).3
                                                       2. The Adviser, an Iowa corporation,                                                                         BILLING CODE 8011–01–P
                                                                                                               6. Section 6(c) of the Act provides that
                                                    will be the investment adviser to the
                                                                                                            the Commission may exempt any
                                                    Initial Fund. An Adviser (as defined
                                                                                                            person, security or transaction, or any
                                                    below) will serve as investment adviser                                                                         SECURITIES AND EXCHANGE
                                                                                                            class of persons, securities or
                                                    to each Fund. The Adviser is, and any                                                                           COMMISSION
                                                                                                            transactions, from any provisions of the
                                                    other Adviser will be, registered as an
                                                                                                            Act, if and to the extent that such                     [SEC File No. 270–562, OMB Control No.
                                                    investment adviser under the                                                                                    3235–0624]
                                                                                                            exemption is necessary or appropriate
                                                    Investment Advisers Act of 1940
                                                                                                            in the public interest and consistent
                                                    (‘‘Advisers Act’’). The Adviser and the                                                                         Proposed Collection; Comment
                                                                                                            with the protection of investors and the
                                                    Trust may retain one or more                                                                                    Request
                                                                                                            purposes fairly intended by the policy
                                                    subadvisers (each a ‘‘Subadviser’’) to
                                                                                                            and provisions of the Act. Section 17(b)
                                                    manage the portfolios of the Funds. Any
                                                                                                            of the Act authorizes the Commission to
                                                    Subadviser will be registered, or not                                                                           Upon Written Request, Copies Available
                                                                                                            exempt a proposed transaction from
                                                    subject to registration, under the                                                                               From: Securities and Exchange
                                                                                                            section 17(a) of the Act if evidence
                                                    Advisers Act.                                                                                                    Commission, Office of FOIA Services,
                                                                                                            establishes that the terms of the
                                                       3. The Distributor is a Washington                                                                            100 F Street NE., Washington, DC
                                                                                                            transaction, including the consideration
                                                    corporation and a broker-dealer                                                                                  20549–2736.
                                                                                                            to be paid or received, are reasonable
                                                    registered under the Securities
                                                                                                            and fair and do not involve                             Extension:
                                                    Exchange Act of 1934 and will act as the
                                                                                                            overreaching on the part of any person                    Regulation R, Rule 701.
                                                    principal underwriter of Shares of the
                                                                                                            concerned, and the proposed
                                                    Funds. Applicants request that the                                                                                 Notice is hereby given that, pursuant
                                                                                                            transaction is consistent with the
                                                    requested relief apply to any distributor                                                                       to the Paperwork Reduction Act of 1995
                                                                                                            policies of the registered investment
                                                    of Shares, whether affiliated or                                                                                (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
                                                                                                            company and the general purposes of
                                                    unaffiliated with the Adviser (included                                                                         Securities and Exchange Commission
                                                                                                            the Act. Section 12(d)(1)(J) of the Act
                                                    in the term ‘‘Distributor’’). Any                                                                               (‘‘Commission’’) is soliciting comments
                                                                                                            provides that the Commission may
                                                    Distributor will comply with the terms                                                                          on the existing collection of information
                                                                                                            exempt any person, security, or
                                                    and conditions of the Order.                                                                                    provided for in Regulation R, Rule 701
                                                                                                            transaction, or any class or classes of
                                                                                                                                                                    (17 CFR 247.701) under the Securities
                                                    Applicants’ Requested Exemptive Relief                  persons, securities or transactions, from
                                                                                                                                                                    Exchange Act of 1934 (15 U.S.C. 78a et
                                                      4. Applicants seek the requested                      any provision of section 12(d)(1) if the
                                                                                                                                                                    seq.). The Commission plans to submit
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Order under section 6(c) of the Act for                   2 Eaton Vance Management has obtained patents
                                                                                                                                                                    this existing collection of information to
                                                    an exemption from sections 2(a)(32),                    with respect to certain aspects of the Funds’ method    the Office of Management and Budget
                                                    5(a)(1), 22(d) and 22(e) of the Act and                 of operation as exchange-traded managed funds.          (‘‘OMB’’) for extension and approval.
                                                    rule 22c–1 under the Act, under                           3 All entities that currently intend to rely on the      Regulation R, Rule 701 requires a
                                                    sections 6(c) and 17(b) of the Act for an               Order are named as applicants. Any other entity         broker or dealer (as part of a written
                                                                                                            that relies on the Order in the future will comply
                                                    exemption from sections 17(a)(1) and                    with the terms and conditions of the Order and of
                                                                                                                                                                    agreement between the bank and the
                                                    17(a)(2) of the Act, and under section                  the Reference Order, which is incorporated by           broker or dealer) to notify the bank if the
                                                    12(d)(1)(J) of the Act for an exemption                 reference herein.                                       broker or dealer makes certain


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                                                                                 Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices                                                     50057

                                                    determinations regarding the financial                  SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s
                                                    status of the customer, a bank                          COMMISSION                                              Statement of the Purpose of, and the
                                                    employee’s statutory disqualification                                                                           Statutory Basis for, the Proposed Rule
                                                    status, and compliance with suitability                 [Release No. 34–75676 ; File No. SR–BOX–                Change
                                                    or sophistication standards.                            2015–28]
                                                      The Commission estimates that                                                                                 1. Purpose
                                                    brokers or dealers would, on average,                   Self-Regulatory Organizations; BOX                         The Exchange proposes to amend the
                                                    notify 1,000 banks approximately two                    Options Exchange LLC; Notice of                         Fee Schedule for trading on BOX to
                                                    times annually about a determination                                                                            specify that an Exchange Participant
                                                                                                            Filing and Immediate Effectiveness of
                                                    regarding a customer’s high net worth or                                                                        may request that the Exchange aggregate
                                                                                                            a Proposed Rule Change To Amend
                                                    institutional status or suitability or                                                                          their eligible activity with activity of
                                                                                                            the Fee Schedule                                        affiliates for purposes of charges or
                                                    sophistication standing as well as a
                                                    bank employee’s statutory                               August 12, 2015.                                        credits based on volume. The proposed
                                                    disqualification status. Based on these                                                                         rule change is based on NYSE Arca,
                                                    estimates, the Commission anticipates                      Pursuant to Section 19(b)(1) of the                  Inc.’s (‘‘NYSE Arca’’) Schedule of Fees
                                                    that Regulation R, Rule 701 would result                Securities Exchange Act of 1934 (the                    and Charges for Exchange Services,
                                                    in brokers or dealers making                            ‘‘Act’’) 1 and Rule 19b–4 thereunder,2                  NASDAQ Stock Market LLC
                                                    approximately 2,000 notifications to                    notice is hereby given that on August 6,                (‘‘NASDAQ’’) Rule 7027, NASDAQ
                                                    banks per year. The Commission further                  2015, BOX Options Exchange LLC (the                     Options Market LLC (‘‘NOM’’) Rules at
                                                    estimates (based on the level of                        ‘‘Exchange’’ or ‘‘BOX’’) filed with the                 Chapter XV, and the NASDAQ OMX
                                                    difficulty and complexity of the                        Securities and Exchange Commission                      PHLX LLC (‘‘PHLX’’) Pricing Schedule.3
                                                    applicable activities) that a broker or                 (the ‘‘SEC’’ or ‘‘Commission’’) the                        As proposed, for purposes of applying
                                                    dealer would spend approximately 15                     proposed rule change as described in                    any provision of the Exchange’s Fee
                                                    minutes per notice to a bank. Therefore,                Items I and II below, which Items have                  Schedule where the charge assessed, or
                                                    the estimated total annual third party                  been prepared by the Exchange. The                      credit provided, by the Exchange
                                                    disclosure burden for the requirements                  Commission is publishing this notice to                 depends on the volume of a
                                                    in Regulation R, Rule 701 is 500 1 hours                solicit comments on the proposed rule                   Participant’s activity, a Participant may
                                                    for brokers or dealers.                                 change from interested persons.                         request that the Exchange aggregate its
                                                      Written comments are invited on: (a)                                                                          eligible activity with activity of
                                                    Whether the proposed collection of                      I. Self-Regulatory Organization’s                       affiliates.4 The Exchange further
                                                    information is necessary for the proper                 Statement of the Terms of Substance of                  proposes that a Participant requesting
                                                    performance of the functions of the                     the Proposed Rule Change                                aggregation of eligible affiliate activity
                                                    Commission, including whether the                                                                               would be required to (1) certify to the
                                                                                                               The Exchange proposes to amend the                   Exchange the affiliate status of
                                                    information shall have practical utility;
                                                    (b) the accuracy of the Commission’s                    Fee Schedule to specify that affiliated                 Participants whose activity it seeks to
                                                    estimates of the burden of the proposed                 Exchange Participants (or                               aggregate prior to receiving approval for
                                                    collection of information; (c) ways to                  ‘‘Participants’’) may request that the                  aggregation, and (2) inform the
                                                    enhance the quality, utility, and clarity               Exchange aggregate its [sic] eligible                   Exchange immediately of any event that
                                                    of the information to be collected; and                 activity with activity of the Participant’s             causes an entity to cease being an
                                                    (d) ways to minimize the burden of the                  affiliates for purposes of charges or                   affiliate. The Exchange would review
                                                    collection of information on                            credits based on volume. The text of the                available information regarding the
                                                    respondents, including through the use                  proposed rule change is available from                  entities and reserves the right to request
                                                    of automated collection techniques or                   the principal office of the Exchange, at                additional information to verify the
                                                    other forms of information technology.                  the Commission’s Public Reference                       affiliate status of an entity. As further
                                                    Consideration will be given to                          Room and also on the Exchange’s
                                                                                                                                                                       3 Effective March 18, 2015, NYSE Arca amended
                                                    comments and suggestions submitted in                   Internet Web site at http://
                                                                                                                                                                    its Schedule of Fees and Charges for Exchange
                                                    writing within 60 days of this                          boxexchange.com.                                        Services to specify that affiliated Exchange ETP
                                                    publication.                                                                                                    Holders may request that the Exchange aggregate its
                                                      An agency may not conduct or                          II. Self-Regulatory Organization’s                      eligible activity with activity of the ETP Holder’s
                                                    sponsor, and a person is not required to                Statement of the Purpose of, and                        affiliates for purposes of Charges or Credits based
                                                    respond to, a collection of information                 Statutory Basis for, the Proposed Rule                  on volume. See Securities Exchange Act Release
                                                                                                            Change                                                  No. 74604 (March 30, 2015), 80 FR 18270 (April 3,
                                                    unless it displays a currently valid OMB                                                                        2015) (SR–NYSEArca–2015–20). Effective
                                                    control number.                                                                                                 December 1, 2014, NASDAQ amended Rule 7027 to
                                                      Please direct your written comments                     In its filing with the Commission, the                harmonize the treatment of aggregation of affiliate
                                                    to: Pamela Dyson, Director/Chief                        self-regulatory organization included                   activity of affiliated members to be consistent with
                                                    Information Officer, Securities and                     statements concerning the purpose of                    the rules governing NOM and PHLX. See Securities
                                                                                                                                                                    Exchange Act Release No. 72966 (Sept. 3, 2014), 79
                                                    Exchange Commission, c/o Remi Pavlik-                   and basis for the proposed rule change                  FR 53473 (Sept. 9, 2014) (SR–NASDAQ–2014–083).
                                                    Simon, 100 F Street NE., Washington,                    and discussed any comments it received                  NOM and PHLX also amended their respective
                                                    DC 20549, or send an email to: PRA_                     on the proposed rule change. The text                   rules to harmonize the process by which it collects
                                                                                                            of these statements may be examined at                  information from its members for purposes of
                                                    Mailbox@sec.gov.                                                                                                aggregating member activity between its equity and
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                      Dated: August 13, 2015.
                                                                                                            the places specified in Item IV below.                  options markets. See Securities Exchange Act
                                                                                                            The self-regulatory organization has                    Release Nos. 72967 (Sept. 2, 2014), 79 FR 53471
                                                    Brent J. Fields,                                                                                                (Sept. 9, 2014) (SR–NASDAQ–2014–082) and 72969
                                                                                                            prepared summaries, set forth in
                                                    Secretary.                                                                                                      (Sept. 3, 2014), 79 FR 53485 (Sept. 9, 2014) (SR–
                                                                                                            Sections A, B, and C below, of the most                 PHLX–2014–56).
                                                    [FR Doc. 2015–20324 Filed 8–17–15; 8:45 am]
                                                                                                            significant aspects of such statements.                    4 See Exhibit 5 for proposed language to be added
                                                    BILLING CODE 8011–01–P
                                                                                                                                                                    to the Fee Schedule. The Exchange notes that this
                                                                                                                                                                    language is similar to that found in NYSE Arca’s
                                                      1 (2000 notices × 15 minutes) = 30,000 minutes/         1 15   U.S.C. 78s(b)(1).                              Schedule of Fees and Charges for Exchange Services
                                                    60 minutes = 500 hours.                                   2 17   CFR 240.19b–4.                                 and NASDAQ Rule 7027.



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Document Created: 2015-12-15 12:04:45
Document Modified: 2015-12-15 12:04:45
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 50056 

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