81_FR_49853 81 FR 49708 - Submission for OMB Review; Comment Request

81 FR 49708 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 145 (July 28, 2016)

Page Range49708-49709
FR Document2016-17820

Federal Register, Volume 81 Issue 145 (Thursday, July 28, 2016)
[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Pages 49708-49709]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17820]


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SECURITIES AND EXCHANGE COMMISSION


Submission for OMB Review; Comment Request

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

Extension:

[[Page 49709]]

    Rule 15Ba2-5, SEC File No. 270-91, OMB Control No. 3235-0088.

    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'') has submitted to the Office of Management 
and Budget (``OMB'') a request for approval of extension of the 
existing collection of information provided for in Rule 15Ba2-5 (17 CFR 
240.15Ba2-5), under the Securities Exchange Act of 1934 (15 U.S.C. 78a 
et seq.) (``Exchange Act'').
    On July 7, 1976, effective July 16, 1976 (see 41 FR 28948, July 14, 
1976), the Commission adopted Rule 15Ba2-5 under the Exchange Act to 
permit a duly-appointed fiduciary to assume immediate responsibility 
for the operation of a municipal securities dealer's business. Without 
the rule, the fiduciary would not be able to assume operation until it 
registered as a municipal securities dealer. Under the rule, the 
registration of a municipal securities dealer is deemed to be the 
registration of any executor, administrator, guardian, conservator, 
assignee for the benefit of creditors, receiver, trustee in insolvency 
or bankruptcy, or other fiduciary, appointed or qualified by order, 
judgment, or decree of a court of competent jurisdiction to continue 
the business of such municipal securities dealer, provided that such 
fiduciary files with the Commission, within 30 days after entering upon 
the performance of his duties, a statement setting forth as to such 
fiduciary substantially the same information required by Form MSD or 
Form BD. The statement is necessary to ensure that the Commission and 
the public have adequate information about the fiduciary.
    There is approximately 1 respondent per year that requires an 
aggregate total of 4 hours to comply with this rule. This respondent 
makes an estimated 1 annual response. Each response takes approximately 
4 hours to complete. Thus, the total compliance burden per year is 4 
burden hours. The approximate cost per hour is $20, resulting in a 
total internal cost of compliance for the respondent of approximately 
$80 (i.e., 4 hours x $20).
    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.
    The public may view background documentation for this information 
collection at the following Web site: www.reginfo.gov. Comments should 
be directed to: (i) Desk Officer for the Securities and Exchange 
Commission, Office of Information and Regulatory Affairs, Office of 
Management and Budget, Room 10102, New Executive Office Building, 
Washington, DC 20503, or by sending an email to: 
[email protected]; and (ii) Pamela Dyson, Director/Chief 
Information Officer, Securities and Exchange Commission, c/o Remi 
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or by sending an 
email to: [email protected]. Comments must be submitted to OMB within 
30 days of this notice.

    Dated: July 22, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-17820 Filed 7-27-16; 8:45 am]
BILLING CODE 8011-01-P



                                             49708                            Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices

                                             therefore also do not impact the                           changes to allow companies the ability                Paper Comments
                                             Commission’s prior conclusions. These                      to choose a more meaningful market
                                             changes, in fact, were found to be                         advisory tool will provide companies a                  • Send paper comments in triplicate
                                             necessary by the Commission in the                         better experience with these tools, the               to Brent J. Fields, Secretary, Securities
                                             Prior Filings.24 Similarly, the changes to                 proposed change to allow certain                      and Exchange Commission, 100 F Street
                                             rename certain services to better reflect                  companies to receive two market                       NE., Washington, DC 20549–1090.
                                             the service offered, refer to Nasdaq                       advisory tools will expose eligible                   All submissions should refer to File
                                             Corporate Solutions and reorganize the                     companies to additional service options.              Number SR–NASDAQ–2016–098. This
                                             rule are clarifying changes, which have                    As a result, Nasdaq believes that when                file number should be included on the
                                             no impact on fees and how they are                         the complimentary period ends these                   subject line if email is used. To help the
                                             allocated or on competition.                               companies are more likely to continue                 Commission process and review your
                                                Nasdaq believes that it is not unfairly                 to use the Nasdaq Corporate Solutions                 comments more efficiently, please use
                                             discriminatory to offer the revised                        service or a competing service, whereas               only one method. The Commission will
                                             service package only to currently listed                   otherwise they may not be exposed to                  post all comments on the Commission’s
                                             companies that are receiving services at                   the value of these services and therefore             Internet Web site (http://www.sec.gov/
                                             the time of the proposal’s approval, and                   may not purchase any. This will create                rules/sro.shtml). Copies of the
                                             not to other currently listed companies.                   additional users of the service class and             submission, all subsequent
                                             Companies receiving complimentary                          enhance competition among service                     amendments, all written statements
                                             services are still in the process of                       providers. In addition, other service                 with respect to the proposed rule
                                             sampling Nasdaq Corporate Solutions’                       providers can also offer similar services             change that are filed with the
                                             offering and both the companies and                        to companies, thereby increasing                      Commission, and all written
                                             Nasdaq Corporate Solutions will benefit                    competition to the benefit of those                   communications relating to the
                                             from the ability of the company to                         companies and their shareholders.                     proposed rule change between the
                                             utilize the revised services. Moreover,                    Accordingly, Nasdaq does not believe                  Commission and any person, other than
                                             because Nasdaq Corporate Solutions                         the proposed rule change will impose                  those that may be withheld from the
                                             continues to provide the complimentary                     any burden on competition that is not                 public in accordance with the
                                             services to these companies, extending                     necessary or appropriate in furtherance               provisions of 5 U.S.C. 552, will be
                                             their term and providing additional                        of the purposes of the Act, as amended.               available for Web site viewing and
                                             seats and advisory services is a seamless                                                                        printing in the Commission’s Public
                                             process. On the other hand, companies                      C. Self-Regulatory Organization’s                     Reference Room, 100 F Street NE.,
                                             that are not currently receiving                           Statement on Comments on the                          Washington, DC 20549, on official
                                             complimentary services from Nasdaq                         Proposed Rule Change Received From                    business days between the hours of
                                             Corporate Solutions will have either                       Members, Participants, or Others                      10:00 a.m. and 3:00 p.m. Copies of the
                                             entered into binding contractual                             No written comments were either                     filing also will be available for
                                             agreements with Nasdaq Corporate                           solicited or received.                                inspection and copying at the principal
                                             Solutions and other providers for the                                                                            office of the Exchange. All comments
                                             specific services they require or                          III. Date of Effectiveness of the
                                                                                                        Proposed Rule Change and Timing for                   received will be posted without change;
                                             determined that they do not wish to                                                                              the Commission does not edit personal
                                             purchase the services. Extending the                       Commission Action
                                                                                                                                                              identifying information from
                                             benefits of the revised rule to such                          Within 45 days of the date of                      submissions. You should submit only
                                             companies would cause them to have                         publication of this notice in the Federal             information that you wish to make
                                             duplicative services to what they have                     Register or within such longer period (i)             available publicly. All submissions
                                             already contracted or provide them with                    as the Commission may designate up to                 should refer to File Number SR–
                                             the option for a service that they have                    90 days of such date if it finds such                 NASDAQ–2016–098 and should be
                                             already concluded they do not want.                        longer period to be appropriate and                   submitted on or before August 18, 2016.
                                             Accordingly, providing the benefit of                      publishes its reasons for so finding or
                                                                                                                                                                For the Commission, by the Division of
                                             the changes only to those companies                        (ii) as to which the Exchange consents,
                                                                                                                                                              Trading and Markets, pursuant to delegated
                                             receiving services when the proposed                       the Commission shall: (a) By order                    authority.25
                                             rule change is approved is not unfairly                    approve or disapprove such proposed
                                                                                                                                                              Brent J. Fields,
                                             discriminatory.                                            rule change, or (b) institute proceedings
                                                                                                                                                              Secretary.
                                                                                                        to determine whether the proposed rule
                                             B. Self-Regulatory Organization’s                                                                                [FR Doc. 2016–17822 Filed 7–27–16; 8:45 am]
                                                                                                        change should be disapproved.
                                             Statement on Burden on Competition                                                                               BILLING CODE 8011–01–P
                                               Nasdaq does not believe that the                         IV. Solicitation of Comments
                                             proposed rule change will result in any                      Interested persons are invited to
                                             burden on competition that is not                          submit written data, views, and                       SECURITIES AND EXCHANGE
                                             necessary or appropriate in furtherance                    arguments concerning the foregoing,                   COMMISSION
                                             of the purposes of the Act, as amended.                    including whether the proposed rule
                                             As described in the statutory basis                        change is consistent with the Act.                    Submission for OMB Review;
                                             section, above, the proposed rule change                   Comments may be submitted by any of                   Comment Request
                                             responds to competitive pressures in the                   the following methods:                                Upon Written Request, Copies Available
                                             market for listings. Nasdaq believes the                                                                          From: Securities and Exchange
                                                                                                        Electronic Comments
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                                             proposed changes will result in a more                                                                            Commission, Office of FOIA Services,
                                             enticing package for potential listings                      • Use the Commission’s Internet
                                                                                                                                                               100 F Street NE., Washington, DC
                                             and therefore will enhance competition                     comment form (http://www.sec.gov/
                                                                                                                                                               20549–2736.
                                             among listing exchanges. The proposed                      rules/sro.shtml); or
                                                                                                          • Send an email to rule-comments@                   Extension:
                                               24 Exchange    Act Release No. 72669, 79 FR at           sec.gov. Please include File Number SR–
                                             44236.                                                     NASDAQ–2016–098 on the subject line.                    25 17   CFR 200.30–3(a)(12).



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                                                                            Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices                                                        49709

                                                Rule 15Ba2–5, SEC File No. 270–91, OMB                directed to: (i) Desk Officer for the                      While changes to the Pricing
                                                  Control No. 3235–0088.                              Securities and Exchange Commission,                     Schedule pursuant to this proposal are
                                                Notice is hereby given that pursuant                  Office of Information and Regulatory                    effective upon filing, the Exchange has
                                             to the Paperwork Reduction Act of 1995                   Affairs, Office of Management and                       designated these changes to be operative
                                             (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the                  Budget, Room 10102, New Executive                       on August 1, 2016.
                                             Securities and Exchange Commission                       Office Building, Washington, DC 20503,                     The text of the proposed rule change
                                             (‘‘Commission’’) has submitted to the                    or by sending an email to: Shagufta_                    is available on the Exchange’s Web site
                                             Office of Management and Budget                          Ahmed@omb.eop.gov; and (ii) Pamela                      at http://nasdaqphlx.cchwallstreet
                                             (‘‘OMB’’) a request for approval of                      Dyson, Director/Chief Information                       .com/, at the principal office of the
                                             extension of the existing collection of                  Officer, Securities and Exchange                        Exchange, and at the Commission’s
                                             information provided for in Rule                         Commission, c/o Remi Pavlik-Simon,                      Public Reference Room.
                                             15Ba2–5 (17 CFR 240.15Ba2–5), under                      100 F Street NE., Washington, DC
                                                                                                                                                              II. Self-Regulatory Organization’s
                                             the Securities Exchange Act of 1934 (15                  20549, or by sending an email to: PRA_
                                                                                                                                                              Statement of the Purpose of, and
                                             U.S.C. 78a et seq.) (‘‘Exchange Act’’).                  Mailbox@sec.gov. Comments must be
                                                                                                                                                              Statutory Basis for, the Proposed Rule
                                                On July 7, 1976, effective July 16,                   submitted to OMB within 30 days of
                                                                                                      this notice.                                            Change
                                             1976 (see 41 FR 28948, July 14, 1976),
                                                                                                                                                                 In its filing with the Commission, the
                                             the Commission adopted Rule 15Ba2–5                        Dated: July 22, 2016.
                                                                                                                                                              Exchange included statements
                                             under the Exchange Act to permit a                       Brent J. Fields,
                                                                                                                                                              concerning the purpose of and basis for
                                             duly-appointed fiduciary to assume                       Secretary.
                                                                                                                                                              the proposed rule change and discussed
                                             immediate responsibility for the                         [FR Doc. 2016–17820 Filed 7–27–16; 8:45 am]             any comments it received on the
                                             operation of a municipal securities                      BILLING CODE 8011–01–P                                  proposed rule change. The text of these
                                             dealer’s business. Without the rule, the
                                                                                                                                                              statements may be examined at the
                                             fiduciary would not be able to assume
                                                                                                                                                              places specified in Item IV below. The
                                             operation until it registered as a                       SECURITIES AND EXCHANGE                                 Exchange has prepared summaries, set
                                             municipal securities dealer. Under the                   COMMISSION                                              forth in sections A, B, and C below, of
                                             rule, the registration of a municipal
                                                                                                      [Release No. 34–78394; File No. SR–Phlx–                the most significant aspects of such
                                             securities dealer is deemed to be the                    2016–77]                                                statements.
                                             registration of any executor,
                                             administrator, guardian, conservator,                    Self-Regulatory Organizations;                          A. Self-Regulatory Organization’s
                                             assignee for the benefit of creditors,                   NASDAQ PHLX LLC; Notice of Filing                       Statement of the Purpose of, and
                                             receiver, trustee in insolvency or                       and Immediate Effectiveness of                          Statutory Basis for, the Proposed Rule
                                             bankruptcy, or other fiduciary,                          Proposed Rule Change To Amend                           Change
                                             appointed or qualified by order,                         Price Improvement XL Pricing                            1. Purpose
                                             judgment, or decree of a court of
                                             competent jurisdiction to continue the                   July 22, 2016.                                             The purpose of the proposed rule
                                             business of such municipal securities                       Pursuant to section 19(b)(1) of the                  change is to amend PIXL Pricing in
                                             dealer, provided that such fiduciary                     Securities Exchange Act of 1934                         section IV, part A, to reduce the Penny
                                             files with the Commission, within 30                     (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Pilot Options Specialist 4 or Market
                                             days after entering upon the                             notice is hereby given that, on July 14,                Maker 5 Responder fee from $0.30 to
                                             performance of his duties, a statement                   2016, NASDAQ PHLX LLC (‘‘Phlx’’ or
                                             setting forth as to such fiduciary                       ‘‘Exchange’’) filed with the Securities                    4 The term ‘‘Specialist’’ shall apply to the account

                                                                                                      and Exchange Commission (‘‘SEC’’ or                     of a Specialist (as defined in Exchange Rule
                                             substantially the same information                                                                               1020(a)). A Specialist is an Exchange member who
                                             required by Form MSD or Form BD. The                     ‘‘Commission’’) the proposed rule                       is registered as an options specialist pursuant to
                                             statement is necessary to ensure that the                change as described in Items I, II, and                 Rule 501(a). An options Specialist includes a
                                             Commission and the public have                           III below, which Items have been                        Remote Specialist which is defined as an options
                                             adequate information about the                           prepared by the Exchange. The                           specialist in one or more classes that does not have
                                                                                                      Commission is publishing this notice to                 a physical presence on an Exchange floor and is
                                             fiduciary.                                                                                                       approved by the Exchange pursuant to Rule 501.
                                                There is approximately 1 respondent                   solicit comments on the proposed rule                      5 The term ‘‘Market Maker’’ will be utilized to

                                             per year that requires an aggregate total                change from interested persons.                         describe fees and rebates applicable to Registered
                                                                                                                                                              Options Traders (‘‘ROTs’’), Streaming Quote
                                             of 4 hours to comply with this rule. This                I. Self-Regulatory Organization’s                       Traders (‘‘SQTs’’), Remote Streaming Quote Traders
                                             respondent makes an estimated 1                          Statement of the Terms of the Substance                 (‘‘RSQTs’’). An ROT is defined in Exchange Rule
                                             annual response. Each response takes                     of the Proposed Rule Change                             1014(b) is a regular member or a foreign currency
                                             approximately 4 hours to complete.                                                                               options participant of the Exchange located on the
                                                                                                         The Exchange proposes to amend the                   trading floor who has received permission from the
                                             Thus, the total compliance burden per                    Exchange’s Pricing Schedule at section                  Exchange to trade in options for his own account.
                                             year is 4 burden hours. The approximate                  IV, part A, to amend Price Improvement                  A ROT includes SQTs and RSQTs as well as on and
                                             cost per hour is $20, resulting in a total               XL (‘‘PIXL’’) Pricing.3                                 off-floor ROTS. An SQT is defined in Exchange
                                             internal cost of compliance for the                                                                              Rule 1014(b)(ii)(A) as an ROT who has received
                                                                                                                                                              permission from the Exchange to generate and
                                             respondent of approximately $80 (i.e., 4                      1 15
                                                                                                             U.S.C. 78s(b)(1).                                submit option quotations electronically in options
                                             hours × $20).                                                 2 17
                                                                                                             CFR 240.19b–4.                                   to which such SQT is assigned. An RSQT is defined
                                                An agency may not conduct or                            3 PIXLSM is the Exchange’s price improvement          in Exchange Rule in 1014(b)(ii)(B) as an ROT that
                                             sponsor, and a person is not required to                 mechanism known as Price Improvement XL or              is a member affiliated with an RSQTO with no
                                                                                                      PIXL. A member may electronically submit for            physical trading floor presence who has received
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                                             respond to, a collection of information                  execution an order it represents as agent on behalf     permission from the Exchange to generate and
                                             under the PRA unless it displays a                       of a public customer, broker-dealer, or any other       submit option quotations electronically in options
                                             currently valid OMB control number.                      entity (‘‘PIXL Order’’) against principal interest or   to which such RSQT has been assigned. A Remote
                                                The public may view background                        against any other order (except as provided in Rule     Streaming Quote Trader Organization or ‘‘RSQTO,’’
                                                                                                      1080(n)(i)(F) it represents as agent (‘‘Initiating      which may also be referred to as a Remote Market
                                             documentation for this information                       Order’’), provided it submits the PIXL order for        Making Organization (‘‘RMO’’), is a member
                                             collection at the following Web site:                    electronic execution into the PIXL Auction              organization in good standing that satisfies the
                                             www.reginfo.gov. Comments should be                      pursuant to Rule 1080. See Exchange Rule 1080(n).                                                    Continued




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Document Created: 2016-07-28 01:47:24
Document Modified: 2016-07-28 01:47:24
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 Citation81 FR 49708 

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