80_FR_72091 80 FR 71870 - Sunshine Act Meeting

80 FR 71870 - Sunshine Act Meeting

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 221 (November 17, 2015)

Page Range71870-71871
FR Document2015-29408

Federal Register, Volume 80 Issue 221 (Tuesday, November 17, 2015)
[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Notices]
[Pages 71870-71871]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29408]


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

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold a Closed Meeting on Thursday, 
November 19, 2015 at 4 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meeting. 
Certain staff members who have an interest in the matters also may be 
present.
    The General Counsel of the Commission, or her designee, has 
certified that, in her opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the 
scheduled matter at the Closed Meeting.
    Commissioner Stein, as duty officer, voted to consider the items 
listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact the Office of the 
Secretary at (202) 551-5400.


[[Page 71871]]


    Dated: November 12, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-29408 Filed 11-13-15; 11:15 am]
 BILLING CODE 8011-01-P



                                                  71870                      Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Notices

                                                  records that may pose a threat to the                   policy, practice or interpretation with               Internet Web site at www.nyse.com. All
                                                  safety of Exchange personnel or the                     respect to the meaning, administration,               comments received will be posted
                                                  security of facilities and records,                     or enforcement of an existing rule.                   without change; the Commission does
                                                  thereby enhancing business continuity,                     At any time within 60 days of the                  not edit personal identifying
                                                  workplace safety and the security of the                filing of the proposed rule change, the               information from submissions. You
                                                  Exchange’s operations and helping to                    Commission summarily may                              should submit only information that
                                                  protect investors and the public interest.              temporarily suspend such rule change if               you wish to make available publicly. All
                                                     Continuing to run fingerprint-based                  it appears to the Commission that such                submissions should refer to File
                                                  background checks is imperative for the                 action is necessary or appropriate in the             Number SR–NYSE–2015–45 and should
                                                  Exchange and its affiliates, as this                    public interest, for the protection of                be submitted on or before December 8,
                                                  process helps to identify persons with                  investors, or otherwise in furtherance of             2015.
                                                  criminal history records who may pose                   the purposes of the Act. If the
                                                                                                                                                                  For the Commission, by the Division of
                                                  a threat to the safety of Exchange                      Commission takes such action, the                     Trading and Markets, pursuant to delegated
                                                  personnel and/or the security of                        Commission will institute proceedings                 authority.17
                                                  Exchange facilities and records. This                   to determine whether the proposed rule                Robert W. Errett,
                                                  identification and screening process                    change should be approved or
                                                                                                                                                                Deputy Secretary.
                                                  thus enhances business continuity,                      disapproved.
                                                                                                                                                                [FR Doc. 2015–29228 Filed 11–16–15; 8:45 am]
                                                  workplace safety, and the security of the               IV. Solicitation of Comments                          BILLING CODE 8011–01–P
                                                  Exchange’s operations. The use of an
                                                  FBI-approved Channel Partner in some                      Interested persons are invited to
                                                  or all phases of this process is consistent             submit written data, views, and
                                                                                                          arguments concerning the foregoing,                   SECURITIES AND EXCHANGE
                                                  with Rule 28 and applicable state and                                                                         COMMISSION
                                                  federal law, and in furtherance of the                  including whether the proposed rule
                                                  important objectives described herein.                  change is consistent with the Act.
                                                                                                          Comments may be submitted by any of                   Sunshine Act Meeting
                                                  Additionally, the use of a Channel
                                                  Partner is consistent with the                          the following methods:                                  Notice is hereby given, pursuant to
                                                  fingerprinting method currently                         Electronic Comments                                   the provisions of the Government in the
                                                  employed by other SROs.13 For all these                                                                       Sunshine Act, Public Law 94–409, that
                                                                                                            • Use the Commission’s Internet
                                                  reasons, the proposal is also designed to                                                                     the Securities and Exchange
                                                                                                          comment form (http://www.sec.gov/
                                                  protect investors as well as the public                                                                       Commission will hold a Closed Meeting
                                                                                                          rules/sro.shtml); or
                                                  interest.                                                 • Send an email to rule-comments@                   on Thursday, November 19, 2015 at 4
                                                                                                          sec.gov. Please include File Number SR–               p.m.
                                                  B. Self-Regulatory Organization’s
                                                                                                          NYSE–2015–45 on the subject line.                       Commissioners, Counsel to the
                                                  Statement on Burden on Competition
                                                                                                                                                                Commissioners, the Secretary to the
                                                     The Exchange does not believe that                   Paper Comments                                        Commission, and recording secretaries
                                                  the proposed rule change would impose                     • Send paper comments in triplicate                 will attend the Closed Meeting. Certain
                                                  any burden on competition that is not                   to Brent J. Fields, Secretary, Securities             staff members who have an interest in
                                                  necessary or appropriate in furtherance                 and Exchange Commission, 100 F Street                 the matters also may be present.
                                                  of the purposes of the Act. The                         NE., Washington, DC 20549–1090.                         The General Counsel of the
                                                  proposed rule change would enhance                      All submissions should refer to File                  Commission, or her designee, has
                                                  the security of the Exchange’s facilities               Number SR–NYSE–2015–45. This file                     certified that, in her opinion, one or
                                                  and records without adding any burden                   number should be included on the                      more of the exemptions set forth in 5
                                                  on market participants and allow the                    subject line if email is used. To help the            U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
                                                  Exchange continued compliance with                      Commission process and review your                    and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
                                                  its fingerprinting rules and with Section               comments more efficiently, please use                 and (10), permit consideration of the
                                                  17(f)(2) of the Act as amended by the                   only one method. The Commission will                  scheduled matter at the Closed Meeting.
                                                  Dodd-Frank Act.14                                       post all comments on the Commission’s                   Commissioner Stein, as duty officer,
                                                  C. Self-Regulatory Organization’s                       Internet Web site (http://www.sec.gov/                voted to consider the items listed for the
                                                  Statement on Comments on the                            rules/sro.shtml). Copies of the                       Closed Meeting in closed session.
                                                  Proposed Rule Change Received From                      submission, all subsequent                              The subject matter of the Closed
                                                  Members, Participants, or Others                        amendments, all written statements                    Meeting will be:
                                                                                                          with respect to the proposed rule                       Institution and settlement of
                                                    No written comments were solicited
                                                                                                          change that are filed with the                        injunctive actions;
                                                  or received with respect to the proposed
                                                                                                          Commission, and all written
                                                  rule change.                                                                                                    Institution and settlement of
                                                                                                          communications relating to the
                                                                                                                                                                administrative proceedings; and
                                                  III. Date of Effectiveness of the                       proposed rule change between the
                                                  Proposed Rule Change and Timing for                     Commission and any person, other than                   Other matters relating to enforcement
                                                  Commission Action                                       those that may be withheld from the                   proceedings.
                                                                                                          public in accordance with the                           At times, changes in Commission
                                                     The foregoing rule change has become                                                                       priorities require alterations in the
                                                  effective pursuant to Section 19(b)(3)(A)               provisions of 5 U.S.C. 552, will be
                                                                                                                                                                scheduling of meeting items.
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                                                  of the Act 15 and Rule 19b–4(f)(1) 16                   available for Web site viewing and
                                                  thereunder. The proposed rule change                    printing in the Commission’s Public                     For further information and to
                                                  effects a change that constitutes a stated              Reference Room, 100 F Street NE.,                     ascertain what, if any, matters have been
                                                                                                          Washington, DC 20549 on official                      added, deleted or postponed, please
                                                    13 See note 9, supra.                                 business days between 10 a.m. and 3                   contact the Office of the Secretary at
                                                    14 See Section 929S of the Dodd-Frank Act.            p.m. Copies of the filing will also be                (202) 551–5400.
                                                    15 15 U.S.C. 78s(b)(3)(A).                            available for inspection and copying at
                                                    16 17 CFR 240.19b–4(f)(6).                            the NYSE’s principal office and on its                  17 17   CFR 200.30–3(a)(12).



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                                                                             Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Notices                                                    71871

                                                    Dated: November 12, 2015.                             dealer 1 and that the average amount of                 Dated: November 10, 2015.
                                                  Brent J. Fields,                                        time to prepare and file the annual audit             Robert W. Errett,
                                                  Secretary.                                              report is 100 hours per OTC derivatives               Deputy Secretary.
                                                  [FR Doc. 2015–29408 Filed 11–13–15; 11:15 am]           dealer per year, for a total reporting                [FR Doc. 2015–29202 Filed 11–16–15; 8:45 am]
                                                  BILLING CODE 8011–01–P
                                                                                                          burden of 180 hours per OTC                           BILLING CODE 8011–01–P
                                                                                                          derivatives dealer annually. Thus the
                                                                                                          staff estimates that the total industry-
                                                  SECURITIES AND EXCHANGE                                 wide reporting burden to comply with                  SECURITIES AND EXCHANGE
                                                  COMMISSION                                              the requirements of Rule 17a–12 is 900                COMMISSION
                                                                                                          hours per year (180 × 5). Further, the
                                                  Submission for OMB Review;                              Commission estimates that the total                   [Release No. 34–76419; File No. SR–BATS–
                                                  Comment Request                                         internal compliance cost associated                   2015–99]
                                                                                                          with this requirement is approximately
                                                  Upon Written Request, Copies Available                  $255,000 per year.2 The average annual                Self-Regulatory Organizations; BATS
                                                   From: Securities and Exchange                          reporting cost per broker-dealer for an               Exchange, Inc.; Notice of Filing and
                                                   Commission, Office of FOIA Services,                   independent public accountant to                      Immediate Effectiveness of a Proposed
                                                   100 F Street NE., Washington, DC                       examine the financial statements is                   Rule Change Related to Fees
                                                   20549–2736.                                            approximately $46,300 per broker-
                                                                                                                                                                November 10, 2015.
                                                  Extension:                                              dealer. Thus, the total industry-wide
                                                    Rule 17a–12/Form X–17A–5 Part IIB; SEC                annual reporting cost is approximately                   Pursuant to Section 19(b)(1) of the
                                                      File No. 270–442, OMB Control No.                   $231,500 ($46,300 × 5).                               Securities Exchange Act of 1934 (the
                                                      3235–0498.                                                                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                            An agency may not conduct or
                                                                                                          sponsor, and a person is not required to              notice is hereby given that on November
                                                     Notice is hereby given that pursuant                                                                       2, 2015, BATS Exchange, Inc. (the
                                                  to the Paperwork Reduction Act of 1995                  respond to, a collection of information
                                                                                                          unless it displays a currently valid OMB              ‘‘Exchange’’ or ‘‘BATS’’) filed with the
                                                  (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
                                                                                                                                                                Securities and Exchange Commission
                                                  Securities and Exchange Commission                      control number.
                                                                                                                                                                (‘‘Commission’’) the proposed rule
                                                  (‘‘Commission’’) has submitted to the                     The public may view background                      change as described in Items I, II and III
                                                  Office of Management and Budget                         documentation for this information                    below, which Items have been prepared
                                                  (‘‘OMB’’) a request for approval of                     collection at the following Web site:                 by the Exchange. The Exchange has
                                                  extension of the previously approved                    www.reginfo.gov. Comments should be                   designated the proposed rule change as
                                                  collection of information provided for in               directed to: (i) Desk Officer for the                 one establishing or changing a member
                                                  Rule 17a–12 (17 CFR 240.17a–12) and                     Securities and Exchange Commission,                   due, fee, or other charge imposed by the
                                                  Part IIB of Form X–17A–5 (17 CFR
                                                                                                          Office of Information and Regulatory                  Exchange under Section 19(b)(3)(A)(ii)
                                                  249.617) under the Securities Exchange
                                                                                                          Affairs, Office of Management and                     of the Act 3 and Rule 19b–4(f)(2)
                                                  Act of 1934 (15 U.S.C. 78a et seq.).
                                                                                                          Budget, Room 10102, New Executive                     thereunder,4 which renders the
                                                     Rule17a–12 requires OTC derivatives                  Office Building, Washington, DC 20503,                proposed rule change effective upon
                                                  dealers to file quarterly Financial and                 or by sending an email to: Shagufta_                  filing with the Commission. The
                                                  Operational Combined Uniform Single                     Ahmed@omb.eop.gov; and (ii) Pamela                    Commission is publishing this notice to
                                                  Reports (‘‘FOCUS’’ reports) on Part IIB                 Dyson, Director/Chief Information                     solicit comments on the proposed rule
                                                  of Form X–17A–5, the basic document                     Officer, Securities and Exchange                      change from interested persons.
                                                  for reporting the financial and
                                                                                                          Commission, c/o Remi Pavlik-Simon,                    I. Self-Regulatory Organization’s
                                                  operational condition of over-the-
                                                                                                          100 F Street NE., Washington, DC                      Statement of the Terms of Substance of
                                                  counter (‘‘OTC’’) derivatives dealers.
                                                  Rule 17a–12 also requires that OTC                      20549, or by sending an email to PRA_                 the Proposed Rule Change
                                                  derivatives dealers file audited financial              Mailbox@sec.gov. Comments must be
                                                  statements annually. The reports                        submitted to OMB within 30 days of                       The Exchange filed a proposal to
                                                  required under Rule 17a–12 provide the                  this notice.                                          amend its fees and rebates applicable to
                                                  Commission with information used to                                                                           Members 5 and non-members of the
                                                  monitor the operations of OTC                              1 Based upon an average of 4 responses per year    Exchange pursuant to BATS Rules
                                                  derivatives dealers and to enforce their                and an average of 20 hours spent preparing each       15.1(a) and (c) (‘‘Fee Schedule’’).
                                                                                                          response.
                                                  compliance with the Commission’s                           2 Based on staff experience, an OTC derivatives
                                                                                                                                                                   The text of the proposed rule change
                                                  rules. These reports also enable the                                                                          is available at the Exchange’s Web site
                                                                                                          dealer likely would have a Compliance Manager
                                                  Commission to review the business                       gather the necessary information and prepare and      at www.batstrading.com, at the
                                                  activities of OTC derivatives dealers and               file the quarterly reports and annual audit report    principal office of the Exchange, and at
                                                  to anticipate, where possible, how these                and supporting schedules. According to the            the Commission’s Public Reference
                                                  dealers may be affected by significant                  Securities Industry and Financial Markets             Room.
                                                  economic events.                                        Association Report on Management and
                                                                                                          Professional Earnings in the Securities Industry        1 15
                                                     There are currently four registered                                                                               U.S.C. 78s(b)(1).
                                                                                                          dated October 2013, which provides base salary and      2 17
                                                  OTC derivatives dealers. The staff                                                                                   CFR 240.19b–4.
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                                                                                                          bonus information for middle-management and             3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                  expects that one additional firm will                   professional positions within the securities            4 17 CFR 240.19b–4(f)(2).
                                                  register as an OTC derivatives dealer                   industry, the hourly cost of a compliance manager,      5 The term ‘‘Member’’ is defined as ‘‘any
                                                  within the next three years. The staff                  which the Commission staff has modified to
                                                                                                                                                                registered broker or dealer, or any person associated
                                                  estimates that the average amount of                    account for an 1800-hour work year and multiplied     with a registered broker or dealer, that has been
                                                                                                          by 5.35 to account for bonuses, firm size, employee   admitted to membership in the Exchange [sic]. A
                                                  time necessary to prepare and file the                  benefits, and overhead, is approximately $283/hour.   Member will have the status of a ‘‘member’’ of the
                                                  quarterly reports required by the rule is               $283/hour times 900 hours = $254,700, rounded to      Exchange as that term is defined in Section 3(a)(3)
                                                  eighty hours per OTC derivatives                        $255,000.                                             of the Act.’’ See Exchange Rule 1.5(n).



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Document Created: 2015-12-14 14:00:12
Document Modified: 2015-12-14 14:00:12
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 71870 

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