81_FR_58110 81 FR 57946 - Submission for OMB Review; Comment Request

81 FR 57946 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 164 (August 24, 2016)

Page Range57946-57948
FR Document2016-20257

Federal Register, Volume 81 Issue 164 (Wednesday, August 24, 2016)
[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 57946-57948]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20257]


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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:
    Rule 19b-4 and Form 19b-4 Filings with Respect to Proposed Rule 
Changes, Securities-Based Swap Submissions, and Advance Notices by 
Self-Regulatory Organizations and the Security-Based Swap Stay of 
Clearing Requirement; SEC File No. 270-38, OMB Control No. 3235-
0045.

    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 of the 
previously approved collection of information provided for in Rule 19b-
4 (17 CFR 240.19b-4), under the Securities Exchange Act of 1934 
(``Act'') (15 U.S.C. 78a et seq.).
    Section 19(b) of the Act (15 U.S.C. 78s(b)) requires each self-
regulatory organization (``SRO'') to file with the Commission copies of 
any proposed

[[Page 57947]]

rule, or any proposed change in, addition to, or deletion from the 
rules of such SRO. Rule 19b-4 implements the requirements of Section 
19(b) by requiring the SROs to file their proposed rule changes on Form 
19b-4 and by clarifying which actions taken by SROs are subject to the 
filing requirement set forth in Section 19(b). Rule 19b-4(n) requires a 
designated clearing agency to provide the Commission advance notice 
(``Advance Notice'') of any proposed change to its rules, procedures, 
or operations that could materially affect the nature or level of risks 
presented by such clearing agency. Rule 19b-4(o) requires a registered 
clearing agency to submit for a Commission determination any security-
based swap, or any group, category, type, or class of security-based 
swaps it plans to accept for clearing (``Security-Based Swap 
Submission''), and provide notice to its members of such submissions.
    The collection of information is designed to provide the Commission 
with the information necessary to determine, as required by the Act, 
whether the proposed rule change is consistent with the Act and the 
rules thereunder. The information is used to determine if the proposed 
rule change should be approved, disapproved, suspended, or if 
proceedings should be instituted to determine whether to approve or 
disapprove the proposed rule change.
    The respondents to the collection of information are SROs (as 
defined by Section 3(a)(26) of the Act), \1\ including national 
securities exchanges, national securities associations, registered 
clearing agencies, notice registered securities future product 
exchanges, and the Municipal Securities Rulemaking Board.
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    \1\ 15 U.S.C. 78c(a)(26).
---------------------------------------------------------------------------

    In calendar year 2015, each respondent filed an average of 
approximately 57 proposed rule changes. Each filing takes approximately 
39 hours to complete on average. Thus, the total annual reporting 
burden for filing proposed rule changes with the Commission is 86,697 
hours (57 proposals per year x 39 SROs x 39 hours per filing) for the 
estimated future number of 39 SROs.\2\ In addition to filing their 
proposed rule changes with the Commission, the respondents also are 
required to post each of their proposals on their respective Web sites, 
a process that takes approximately four hours to complete per proposal. 
Thus, for 1,935 proposals, the total annual reporting burden on 
respondents to post the proposals on their Web sites is 7,740 hours 
(1,935 proposals per year x 4 hours per filing) or 8,892 hours (57 
proposals per year x 39 SROs x 4 hours per filing) for the estimated 
future number of 39 SROs. Further, the respondents are required to 
update their rulebooks, which they maintain on their Web sites, to 
reflect the changes that they make in each proposal they file. Thus, 
for all filings that were not withdrawn by a respondent (240 withdrawn 
filings in calendar year 2015) or disapproved by the Commission (6 
disapproved filings in calendar year 2015), the respondents were 
required to update their online rulebooks to reflect the effectiveness 
of 1,689 proposals, each of which takes approximately four hours to 
complete per proposal. Thus, the total annual reporting burden for 
updating online rulebooks is 7,764 hours ((2,223 filings per year-275 
withdrawn filings \3\-7 disapproved filings \4\) x 4 hours). Finally, a 
respondent is required to notify the Commission if it does not post a 
proposed rule change on its Web site on the same day that it filed the 
proposal with the Commission. The Commission estimates that SROs will 
fail to post proposed rule changes on their Web sites on the same day 
as the filing 22 times a year (across all SROs), and that each SRO will 
spend approximately one hour preparing and submitting such notice to 
the Commission, resulting in a total annual burden of 22 hours (22 
notices x 1 hour per notice).
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    \2\ For most of 2015, 34 SROs were registered. One registered 
SRO withdrew in December 2015 and one SRO newly registered with the 
Commission in January 2016. The Commission expects five additional 
respondents to register during the three-year period for which this 
PRA Extension is applicable (three as registered clearing agencies 
and two as national securities exchanges), bringing the total number 
of respondents to 39.
    \3\ For 34 SROs, 240 withdrawn filings equal approximately 7.06 
filings per SRO. For 39 SROs, the figure would increase to 275 
withdrawn filings.
    \4\ For 34 SROs, six disapproved filings equal approximately 
0.18 filings per SRO. For 39 SROs, the figure would increase to 
seven disapproved filings.
---------------------------------------------------------------------------

    Designated clearing agencies have additional information collection 
burdens. As noted above, pursuant to Rule 19b-4(n), a designated 
clearing agency must file with the Commission an Advance Notice of any 
proposed change to its rules, procedures, or operations that could 
materially affect the nature or level of risks presented by such 
designated clearing agency. The Commission estimates that four 
designated clearing agencies will each submit five Advance Notices per 
year, with each submission taking 90 hours to complete. The total 
annual reporting burden for filing Advance Notices is therefore 1,800 
hours (4 designated clearing agencies x 5 Advance Notices per year x 90 
hours per response).
    Designated clearing agencies are required to post all Advance 
Notices to their Web sites, each of which takes approximately four 
hours to complete. For five Advance Notices, the total annual reporting 
burden for posting them to respondents' Web sites is 80 hours (4 
designated clearing agencies x 5 Advance Notices per year x 4 hours per 
Web site posting). Respondents are required to update the postings of 
those Advance Notices that become effective, each of which takes 
approximately four hours to complete. The total annual reporting burden 
for updating Advance Notices on the respondents' Web sites is 80 hours 
(4 designated clearing agencies x 5 Advance Notices per year x 4 hours 
per Web site posting).
    Pursuant to Rule 19b-4(n)(5), the respondents are also required to 
provide copies of all materials submitted to the Commission relating to 
an Advance Notice to the Board of Governors of the Federal Reserve 
System (``Board'') contemporaneously with such submission to the 
Commission, which is estimated to take two hours. The total annual 
reporting burden for designated clearing agencies to meet this 
requirement is 40 hours (4 designated clearing agencies x 5 Advance 
Notices per year x 2 hours per response).
    The Commission estimates that three security-based swap clearing 
agencies will each submit 20 Security-Based Swap Submissions per year, 
with each submission taking 140 hours to complete resulting in a total 
annual reporting burden of 8,400 hours (3 respondent clearing agencies 
x 20 Security-Based Swap Submissions per year x 140 hours per 
response). Respondent clearing agencies are required to post all 
Security-Based Swap Submissions to their Web sites, each of which takes 
approximately four hours to complete. For 20 Security-Based Swap 
Submissions, the total annual reporting burden for posting them to the 
three respondents' Web sites is 240 hours (3 respondent clearing 
agencies x 20 Security-Based Swap Submissions per year x 4 hours per 
Web site posting). In addition, three clearing agencies that have not 
previously posted Security-Based Swap Submissions, Advance Notices, and 
proposed rule changes on their Web sites may need to update their 
existing Web sites to post such filings online. The Commission 
estimates that each of these three clearing agencies would spend 
approximately 15 hours updating its existing Web site, resulting in a 
total one-time burden of 45 hours (3

[[Page 57948]]

respondent clearing agencies x 15 hours per Web site update) or 15 
hours annualized over three years.
    Respondent clearing agencies will also have to provide training to 
staff members using the Electronic Form 19b-4 Filing System (``EFFS'') 
to submit Security-Based Swap Submissions, Advance Notices, and/or 
proposed rule changes electronically. The Commission estimates that one 
anticipated security-based swap clearing agency will spend 
approximately 20 hours training all staff members who will use EFFS to 
submit Security-Based Swap Submissions, Advance Notices, and/or 
proposed rule changes electronically, or 6.7 hours annualized over 
three years. The Commission also estimates that one anticipated 
clearing agency will have a one-time burden of 130 hours to draft and 
implement internal policies and procedures for using EFFS to make these 
submissions, or 43.3 hours annualized over three years. The Commission 
estimates that each of the 39 respondents will spend 10 hours each year 
training new compliance staff members and updating the training of 
existing compliance staff members to use EFFS, for a total annual 
burden of 390 hours (39 respondent SROs x 10 hours).
    In connection with Security-Based Swap Submissions, counterparties 
may apply for a stay from a mandatory clearing requirement under Rule 
3Ca-1. The Commission estimates that each clearing agency will submit 
five applications for stays from a clearing requirement per year and it 
will take approximately 18 hours to retrieve, review, and submit each 
application. Thus, the total annual reporting burden for the Rule 3Ca-1 
stay of clearing requirement would be 270 hours (3 respondent clearing 
agencies x 5 stay of clearing applications per year x 18 hours to 
retrieve, review, and submit the stay of clearing information).
    Based on the above, the total estimated annual response burden 
pursuant to Rule 19b-4 and Form 19b-4 is the sum of the total annual 
reporting burdens for filing proposed rule changes, Advance Notices, 
and Security-Based Swap Submissions; training staff to file such 
proposals; drafting, modifying, and implementing internal policies and 
procedures for filing such proposals; posting each proposal on the 
respondents' Web sites; updating Web sites to enable posting of 
proposals; updating the respondents' online rulebooks to reflect the 
proposals that became effective; submitting copies of Advance Notices 
to the Board; and applying for stays from clearing requirements, which 
is 114,740 hours.
    Compliance with Rule 19b-4 is mandatory. Information received in 
response to Rule 19b-4 shall not be kept confidential; the information 
collected is public information.
    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: August 19, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-20257 Filed 8-23-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  57946                      Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices

                                                  Chairman as necessary to facilitate the                 DATES:  Comments are encouraged and                   inclusion on the CFC charity list. This
                                                  conduct of the meeting, persons                         will be accepted until September 23,                  ICR is being revised to accommodate
                                                  planning to attend should check with                    2016. This process is conducted in                    presentation in an online CFC charity
                                                  the DFO if such rescheduling would                      accordance with 5 CFR 1320.1.                         application format. Revisions include:
                                                  result in a major inconvenience.                        ADDRESSES: Interested persons are                        1. The addition of name and email
                                                    If attending this meeting, please enter               invited to submit written comments on                 fields for CFC application system
                                                  through the One White Flint North                       the proposed information collection to                account creation;
                                                  Building, 11555 Rockville Pike,                         the Office of Information and Regulatory                 2. the inclusion of electronic fund
                                                  Rockville, MD. After registering with                   Affairs, Office of Management Budget,                 transfer (EFT) information (for national
                                                  security, please contact Mr. Theron                     725 17th Street NW., Washington, DC                   and international charities);
                                                  Brown (240–888–9835) to be escorted to                  20503, Attention: Desk Officer for the                   3. the addition of a ‘‘thank you
                                                  the meeting room.                                       Office of Personnel Management or sent                statement’’ field to facilitate immediate
                                                    Dated: August 16, 2016.                               via electronic mail to oira_submission@               acknowledgement of electronic pledges;
                                                  Mark L. Banks,                                          omb.eop.gov or faxed to (202) 395–6974.                  4. the addition of three questions
                                                  Chief, Technical Support Branch, Advisory               FOR FURTHER INFORMATION CONTACT: A                    surrounding volunteers opportunities
                                                  Committee on Reactor Safeguards.                        copy of this ICR, with applicable                     and solicitation of federal employees for
                                                  [FR Doc. 2016–20269 Filed 8–23–16; 8:45 am]             supporting documentation, may be                      these opportunities;
                                                                                                          obtained by contacting the Office of                     5. design of the schedule of services
                                                  BILLING CODE 7590–01–P
                                                                                                          Information and Regulatory Affairs,                   to align with an online form; and
                                                                                                          Office of Management Budget, 725 17th                    6. revision of certification statements
                                                                                                          Street NW., Washington, DC 20503,                     to make them parallel with eligibility
                                                  OFFICE OF PERSONNEL                                                                                           requirements at 5 CFR 950 as revised
                                                  MANAGEMENT                                              Attention: Desk Officer for the Office of
                                                                                                          Personnel Management or sent via                      April 16, 2014, effective January 1,
                                                  [OMB Control No. 3206–0131]                             electronic mail to oira_submission@                   2017.
                                                                                                          omb.eop.gov or faxed to (202) 395–6974.                 U.S. Office of Personnel Management.
                                                  Revision of Information Collection:
                                                                                                          SUPPLEMENTARY INFORMATION: The Office                 Beth F. Cobert,
                                                  Combined Federal Campaign
                                                  Applications                                            of Management and Budget is                           Acting Director.
                                                                                                          particularly interested in comments                   [FR Doc. 2016–20190 Filed 8–23–16; 8:45 am]
                                                  AGENCY:  U.S. Office of Personnel                       that:                                                 BILLING CODE 6325–46–P
                                                  Management.                                                1. Evaluate whether the proposed
                                                  ACTION: 30-Day notice and request for                   collection of information is necessary
                                                  comments.                                               for the proper performance of the
                                                                                                                                                                SECURITIES AND EXCHANGE
                                                                                                          functions of the agency, including
                                                  SUMMARY:    In accordance with the                                                                            COMMISSION
                                                                                                          whether the information will have
                                                  Paperwork Reduction Act of 1995 (Pub.                   practical utility;                                    Submission for OMB Review;
                                                  L. 104–13, May 22, 1995), this notice                      2. Evaluate the accuracy of the                    Comment Request
                                                  announces that the Office of Personnel                  agency’s estimate of the burden of the
                                                  Management intends to submit to the                     proposed collection of information,                   Upon Written Request, Copies Available
                                                  Office of Management and Budget                         including the validity of the                          From: Securities and Exchange
                                                  (OMB) a request for clearance to revise                 methodology and assumptions used;                      Commission, Office of FOIA Services,
                                                  an information collection. Combined                        3. Enhance the quality, utility, and                100 F Street NE., Washington, DC
                                                  Federal Campaign Applications, OMB                      clarity of the information to be                       20549–2736.
                                                  Control No. 3206–0131, which include                    collected; and                                        Extension:
                                                  OPM Forms 1647–A, –B, and –E, are                          4. Minimize the burden of the                        Rule 19b–4 and Form 19b–4 Filings with
                                                  used to review the eligibility of national,             collection of information on those who                    Respect to Proposed Rule Changes,
                                                  international, and local charitable                     are to respond, including through the                     Securities-Based Swap Submissions, and
                                                  organizations and Department of                         use of appropriate automated,                             Advance Notices by Self-Regulatory
                                                  Defense morale, welfare, and recreation                 electronic, mechanical, or other                          Organizations and the Security-Based
                                                  (MWR)/Family Support and Youth                          technological collection techniques or                    Swap Stay of Clearing Requirement; SEC
                                                  Activities/Programs (FSYA/FSYP)                         other forms of information technology,                    File No. 270–38, OMB Control No. 3235–
                                                                                                                                                                    0045.
                                                  organizations that wish to participate in               e.g., permitting electronic submissions
                                                  the Combined Federal Campaign. The                      of responses.                                            Notice is hereby given that pursuant
                                                  proposed revisions reflect changes in                      The Combined Federal Campaign                      to the Paperwork Reduction Act of 1995
                                                  eligibility guidance from the Office of                 (CFC) is the world’s largest and most                 (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
                                                  Personnel Management. On March 10,                      successful annual workplace                           Securities and Exchange Commission
                                                  2016, we published a 60-day notice and                  philanthropic giving campaign, with                   (‘‘Commission’’) has submitted to the
                                                  request for comments. We received two                   127 CFC campaigns throughout the                      Office of Management and Budget
                                                  comments recommending the addition                      country and overseas raising millions of              (‘‘OMB’’) a request for approval of
                                                  of a ‘‘thank you statement’’ field that                 dollars each year. The mission of the                 extension of the of the previously
                                                  would facilitate immediate                              CFC is to promote and support                         approved collection of information
                                                  acknowledgement of electronic pledges.                  philanthropy through a program that is                provided for in Rule 19b–4 (17 CFR
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                                                  This recommended revision is included                   employee focused, cost-efficient, and                 240.19b–4), under the Securities
                                                  below.                                                  effective in providing all federal                    Exchange Act of 1934 (‘‘Act’’) (15 U.S.C.
                                                     We estimate 20,500 responses to this                 employees the opportunity to improve                  78a et seq.).
                                                  information collection annually. Each                   the quality of life for all.                             Section 19(b) of the Act (15 U.S.C.
                                                  form takes approximately three hours to                    The CFC charity applications collect               78s(b)) requires each self-regulatory
                                                  complete. The annual estimated burden                   information from about 20,500 national,               organization (‘‘SRO’’) to file with the
                                                  is 40,500 hours.                                        international, and local charities for                Commission copies of any proposed


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                                                                             Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices                                           57947

                                                  rule, or any proposed change in,                        are required to post each of their                    therefore 1,800 hours (4 designated
                                                  addition to, or deletion from the rules of              proposals on their respective Web sites,              clearing agencies × 5 Advance Notices
                                                  such SRO. Rule 19b–4 implements the                     a process that takes approximately four               per year × 90 hours per response).
                                                  requirements of Section 19(b) by                        hours to complete per proposal. Thus,                    Designated clearing agencies are
                                                  requiring the SROs to file their proposed               for 1,935 proposals, the total annual                 required to post all Advance Notices to
                                                  rule changes on Form 19b–4 and by                       reporting burden on respondents to post               their Web sites, each of which takes
                                                  clarifying which actions taken by SROs                  the proposals on their Web sites is 7,740             approximately four hours to complete.
                                                  are subject to the filing requirement set               hours (1,935 proposals per year × 4                   For five Advance Notices, the total
                                                  forth in Section 19(b). Rule 19b–4(n)                   hours per filing) or 8,892 hours (57                  annual reporting burden for posting
                                                  requires a designated clearing agency to                proposals per year × 39 SROs × 4 hours                them to respondents’ Web sites is 80
                                                  provide the Commission advance notice                   per filing) for the estimated future                  hours (4 designated clearing agencies ×
                                                  (‘‘Advance Notice’’) of any proposed                    number of 39 SROs. Further, the                       5 Advance Notices per year × 4 hours
                                                  change to its rules, procedures, or                     respondents are required to update their              per Web site posting). Respondents are
                                                  operations that could materially affect                 rulebooks, which they maintain on their               required to update the postings of those
                                                  the nature or level of risks presented by               Web sites, to reflect the changes that                Advance Notices that become effective,
                                                  such clearing agency. Rule 19b–4(o)                     they make in each proposal they file.                 each of which takes approximately four
                                                  requires a registered clearing agency to                Thus, for all filings that were not                   hours to complete. The total annual
                                                  submit for a Commission determination                   withdrawn by a respondent (240                        reporting burden for updating Advance
                                                  any security-based swap, or any group,                  withdrawn filings in calendar year                    Notices on the respondents’ Web sites is
                                                  category, type, or class of security-based              2015) or disapproved by the                           80 hours (4 designated clearing agencies
                                                  swaps it plans to accept for clearing                   Commission (6 disapproved filings in                  × 5 Advance Notices per year × 4 hours
                                                  (‘‘Security-Based Swap Submission’’),                   calendar year 2015), the respondents                  per Web site posting).
                                                  and provide notice to its members of                    were required to update their online                     Pursuant to Rule 19b–4(n)(5), the
                                                  such submissions.                                       rulebooks to reflect the effectiveness of             respondents are also required to provide
                                                     The collection of information is                     1,689 proposals, each of which takes                  copies of all materials submitted to the
                                                  designed to provide the Commission                      approximately four hours to complete                  Commission relating to an Advance
                                                  with the information necessary to                       per proposal. Thus, the total annual                  Notice to the Board of Governors of the
                                                  determine, as required by the Act,                      reporting burden for updating online                  Federal Reserve System (‘‘Board’’)
                                                  whether the proposed rule change is                     rulebooks is 7,764 hours ((2,223 filings              contemporaneously with such
                                                  consistent with the Act and the rules                   per year¥275 withdrawn filings 3¥7                    submission to the Commission, which is
                                                  thereunder. The information is used to                  disapproved filings 4) × 4 hours).                    estimated to take two hours. The total
                                                  determine if the proposed rule change                   Finally, a respondent is required to                  annual reporting burden for designated
                                                                                                          notify the Commission if it does not                  clearing agencies to meet this
                                                  should be approved, disapproved,
                                                                                                          post a proposed rule change on its Web                requirement is 40 hours (4 designated
                                                  suspended, or if proceedings should be
                                                                                                          site on the same day that it filed the                clearing agencies × 5 Advance Notices
                                                  instituted to determine whether to
                                                                                                          proposal with the Commission. The                     per year × 2 hours per response).
                                                  approve or disapprove the proposed                                                                               The Commission estimates that three
                                                  rule change.                                            Commission estimates that SROs will
                                                                                                          fail to post proposed rule changes on                 security-based swap clearing agencies
                                                     The respondents to the collection of                                                                       will each submit 20 Security-Based
                                                  information are SROs (as defined by                     their Web sites on the same day as the
                                                                                                          filing 22 times a year (across all SROs),             Swap Submissions per year, with each
                                                  Section 3(a)(26) of the Act), 1 including                                                                     submission taking 140 hours to
                                                  national securities exchanges, national                 and that each SRO will spend
                                                                                                          approximately one hour preparing and                  complete resulting in a total annual
                                                  securities associations, registered                                                                           reporting burden of 8,400 hours (3
                                                  clearing agencies, notice registered                    submitting such notice to the
                                                                                                          Commission, resulting in a total annual               respondent clearing agencies × 20
                                                  securities future product exchanges, and
                                                  the Municipal Securities Rulemaking                     burden of 22 hours (22 notices × 1 hour               Security-Based Swap Submissions per
                                                                                                          per notice).                                          year × 140 hours per response).
                                                  Board.                                                                                                        Respondent clearing agencies are
                                                                                                             Designated clearing agencies have
                                                     In calendar year 2015, each                                                                                required to post all Security-Based
                                                                                                          additional information collection
                                                  respondent filed an average of                                                                                Swap Submissions to their Web sites,
                                                                                                          burdens. As noted above, pursuant to
                                                  approximately 57 proposed rule                          Rule 19b–4(n), a designated clearing                  each of which takes approximately four
                                                  changes. Each filing takes                              agency must file with the Commission                  hours to complete. For 20 Security-
                                                  approximately 39 hours to complete on                   an Advance Notice of any proposed                     Based Swap Submissions, the total
                                                  average. Thus, the total annual reporting               change to its rules, procedures, or                   annual reporting burden for posting
                                                  burden for filing proposed rule changes                 operations that could materially affect               them to the three respondents’ Web sites
                                                  with the Commission is 86,697 hours                     the nature or level of risks presented by             is 240 hours (3 respondent clearing
                                                  (57 proposals per year × 39 SROs × 39                   such designated clearing agency. The                  agencies × 20 Security-Based Swap
                                                  hours per filing) for the estimated future              Commission estimates that four                        Submissions per year × 4 hours per Web
                                                  number of 39 SROs.2 In addition to                      designated clearing agencies will each                site posting). In addition, three clearing
                                                  filing their proposed rule changes with                 submit five Advance Notices per year,                 agencies that have not previously posted
                                                  the Commission, the respondents also                    with each submission taking 90 hours to               Security-Based Swap Submissions,
                                                                                                          complete. The total annual reporting                  Advance Notices, and proposed rule
                                                    1 15 U.S.C. 78c(a)(26).                                                                                     changes on their Web sites may need to
mstockstill on DSK3G9T082PROD with NOTICES




                                                    2 For most of 2015, 34 SROs were registered. One
                                                                                                          burden for filing Advance Notices is
                                                  registered SRO withdrew in December 2015 and
                                                                                                                                                                update their existing Web sites to post
                                                  one SRO newly registered with the Commission in            3 For 34 SROs, 240 withdrawn filings equal         such filings online. The Commission
                                                  January 2016. The Commission expects five               approximately 7.06 filings per SRO. For 39 SROs,      estimates that each of these three
                                                  additional respondents to register during the three-    the figure would increase to 275 withdrawn filings.   clearing agencies would spend
                                                  year period for which this PRA Extension is                4 For 34 SROs, six disapproved filings equal

                                                  applicable (three as registered clearing agencies and   approximately 0.18 filings per SRO. For 39 SROs,
                                                                                                                                                                approximately 15 hours updating its
                                                  two as national securities exchanges), bringing the     the figure would increase to seven disapproved        existing Web site, resulting in a total
                                                  total number of respondents to 39.                      filings.                                              one-time burden of 45 hours (3


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                                                  57948                      Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices

                                                  respondent clearing agencies × 15 hours                    Compliance with Rule 19b–4 is                        governed under this rule set
                                                  per Web site update) or 15 hours                        mandatory. Information received in                      (collectively, the ‘‘CAB rules’’).
                                                  annualized over three years.                            response to Rule 19b–4 shall not be kept                   The Commission published the
                                                     Respondent clearing agencies will                    confidential; the information collected                 proposed rule change for public
                                                  also have to provide training to staff                  is public information.                                  comment in the Federal Register on
                                                  members using the Electronic Form                          An agency may not conduct or                         December 23, 2015.3 On January 28,
                                                  19b–4 Filing System (‘‘EFFS’’) to submit                sponsor, and a person is not required to                2016, FINRA extended the time period
                                                  Security-Based Swap Submissions,                        respond to, a collection of information                 in which the Commission must approve
                                                  Advance Notices, and/or proposed rule                   under the PRA unless it displays a                      the proposed rule change, disapprove
                                                  changes electronically. The Commission                  currently valid OMB control number.                     the proposed rule change or institute
                                                  estimates that one anticipated security-                   The public may view background                       proceedings to determine whether to
                                                  based swap clearing agency will spend                   documentation for this information                      approve or disapprove the proposed
                                                  approximately 20 hours training all staff               collection at the following Web site,                   rule change to March 22, 2016. On
                                                  members who will use EFFS to submit                     www.reginfo.gov. Comments should be                     March 17, 2016, the Commission
                                                  Security-Based Swap Submissions,                        directed to: (i) Desk Officer for the                   instituted proceedings pursuant to
                                                  Advance Notices, and/or proposed rule                   Securities and Exchange Commission,                     Section 19(b)(2)(B) of the Exchange Act 4
                                                  changes electronically, or 6.7 hours                    Office of Information and Regulatory                    to determine whether to approve or
                                                  annualized over three years. The                        Affairs, Office of Management and                       disapprove the proposed rule change.5
                                                  Commission also estimates that one                      Budget, Room 10102, New Executive                       The Commission received 18 comment
                                                  anticipated clearing agency will have a                 Office Building, Washington, DC 20503,                  letters on the proposal.6
                                                  one-time burden of 130 hours to draft                   or by sending an email to:                                 In response to comments, on March
                                                  and implement internal policies and                     Shagufta_Ahmed@omb.eop.gov; and (ii)                    29, 2016 FINRA filed a partial
                                                  procedures for using EFFS to make                       Pamela Dyson, Director/Chief                            amendment (‘‘Amendment No. 1’’) to its
                                                  these submissions, or 43.3 hours                        Information Officer, Securities and                     proposed rule change to amend CAB
                                                  annualized over three years. The                        Exchange Commission, c/o Remi Pavlik-                   Rule 016(c)(2) to clarify that the
                                                  Commission estimates that each of the                   Simon, 100 F Street NE., Washington,                    definition of ‘‘capital acquisition
                                                  39 respondents will spend 10 hours                      DC 20549, or by sending an email to:                    broker’’ does not include any broker or
                                                  each year training new compliance staff                 PRA_Mailbox@sec.gov. Comments must
                                                  members and updating the training of                    be submitted to OMB within 30 days of                      3 Exchange Act Release No. 76675 (December 17,

                                                  existing compliance staff members to                    this notice.                                            2015), 80 FR 79969 (December 23, 2015) (Notice of
                                                  use EFFS, for a total annual burden of                                                                          Filing of File No. SR–FINRA–2015–054) (‘‘Notice of
                                                                                                            Dated: August 19, 2016.                               Filing’’).
                                                  390 hours (39 respondent SROs × 10                      Brent J. Fields,                                           4 15 U.S.C. 78s(b)(2)(B).
                                                  hours).                                                 Secretary.                                                 5 Exchange Act Release No. 77391 (March 17,
                                                     In connection with Security-Based                                                                            2016), 81 FR 15588 (March 23, 2016) (Order
                                                                                                          [FR Doc. 2016–20257 Filed 8–23–16; 8:45 am]
                                                  Swap Submissions, counterparties may                                                                            Instituting Proceedings To Determine Whether to
                                                                                                          BILLING CODE 8011–01–P                                  Approve or Disapprove Proposed Rule Change to
                                                  apply for a stay from a mandatory
                                                                                                                                                                  Adopt FINRA Capital Acquisition Broker Rules on
                                                  clearing requirement under Rule 3Ca–1.                                                                          File No. SR–FINRA–2015–054).
                                                  The Commission estimates that each                                                                                 6 Letters from Peter W. LaVigne, Esq., Chair,
                                                                                                          SECURITIES AND EXCHANGE
                                                  clearing agency will submit five                                                                                Securities Regulation Committee, Business Law
                                                                                                          COMMISSION
                                                  applications for stays from a clearing                                                                          Section, New York State Bar Association, dated
                                                  requirement per year and it will take                   [Release No. 34–78617; File No. SR–FINRA–               January 22, 2016 (‘‘New York Bar Association
                                                                                                          2015–054]                                               Letter’’); Judith M. Shaw, President, North
                                                  approximately 18 hours to retrieve,                                                                             American Securities Administrators Association,
                                                  review, and submit each application.                                                                            Inc., dated January 15, 2016 (‘‘NASAA Letter’’);
                                                  Thus, the total annual reporting burden                 Self-Regulatory Organizations;                          Timothy Cahill, President, Compass Securities
                                                  for the Rule 3Ca–1 stay of clearing                     Financial Industry Regulatory                           Corporation, dated January 13, 2016; Mark
                                                  requirement would be 270 hours (3                       Authority, Inc.; Order Approving Rule                   Fairbanks, President, Foreside Distributors, dated
                                                                                                          Change as Modified by Amendment                         January 13, 2016 (‘‘Foreside Letter’’); Dan Glusker,
                                                  respondent clearing agencies × 5 stay of                                                                        Perkins Fund Marketing, LLC, dated January 13,
                                                  clearing applications per year × 18                     Nos. 1 and 2 To Adopt FINRA Capital                     2016; Steven Jafarzadeh, CAIA, Managing Director,
                                                  hours to retrieve, review, and submit the               Acquisition Broker Rules                                CCO Partner, Stonehaven, dated January 13, 2016;
                                                                                                                                                                  Richard A. Murphy, Manager, North Bridge Capital
                                                  stay of clearing information).                          August 18, 2016.                                        LLC, dated January 13, 2016; Ron Oldenkamp,
                                                     Based on the above, the total                                                                                President, Genesis Marketing Group, dated January
                                                  estimated annual response burden                        I. Introduction                                         13, 2016; Michael S. Quinn, Member and CCO, Q
                                                  pursuant to Rule 19b–4 and Form 19b–                       On December 4, 2015, the Financial                   Advisors LLC, dated January 13, 2016 (‘‘Q Advisors
                                                  4 is the sum of the total annual                                                                                Letter’’); Lisa Roth, President, Monahan & Roth,
                                                                                                          Industry Regulatory Authority, Inc.                     LLC, dated January 13, 2016 (‘‘Roth Letter’’);
                                                  reporting burdens for filing proposed                   (‘‘FINRA’’) filed with the Securities and               Howard Spindel, Senior Managing Director, and
                                                  rule changes, Advance Notices, and                      Exchange Commission (the                                Cassondra E. Joseph, Managing Director, Integrated
                                                  Security-Based Swap Submissions;                        ‘‘Commission’’ or ‘‘SEC’’), pursuant to                 Management Solutions USA LLC, dated April 8,
                                                  training staff to file such proposals;                                                                          2016 (‘‘IMS Letter 1’’)and January 13, 2016 (‘‘IMS
                                                                                                          Section 19(b)(1) of the Securities                      Letter 2’’); Sajan K. Thomas, President, and Stephen
                                                  drafting, modifying, and implementing                   Exchange Act of 1934 (‘‘Exchange                        J. Myott, Chief Compliance Officer, Thomas Capital
                                                  internal policies and procedures for                    Act’’) 1 and Rule 19b–4 thereunder,2                    Group, Inc., dated January 13, 2016; Donna
                                                  filing such proposals; posting each                     proposed rule change SR–FINRA–2015–                     DiMaria, Chairman of the Board of Directors, and
                                                  proposal on the respondents’ Web sites;                                                                         Lisa Roth, Board of Directors, Third Party Marketers
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          054, pursuant to which FINRA proposed                   Association, dated January 12, 2016 (‘‘3PM Letter’’);
                                                  updating Web sites to enable posting of                 to adopt a rule set that would apply                    Frank P. L. Minard, Managing Partner, XT Capital
                                                  proposals; updating the respondents’                    exclusively to firms that meet the                      Partners, LLC, dated January 12, 2016; Arne Rovell,
                                                  online rulebooks to reflect the proposals               definition of ‘‘capital acquisition                     Coronado Investments, LLC, dated January 6, 2016
                                                  that became effective; submitting copies                                                                        (‘‘Coronado Letter’’); Daniel H. Kolber, President/
                                                                                                          broker’’ (‘‘CAB’’) and that elect to be                 CEO, Intellivest Securities, Inc., dated December 30,
                                                  of Advance Notices to the Board; and                                                                            2016 (‘‘Intellivest Letter’’); and Roger W. Mehle,
                                                  applying for stays from clearing                          1 15   U.S.C. 78s(b)(1).                              Chairman and CEO, Achates Capital Advisors LLC,
                                                  requirements, which is 114,740 hours.                     2 17   CFR 240.19b–4.                                 dated December 29, 2015 (‘‘Achates Letter’’).



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Document Created: 2016-08-24 03:02:52
Document Modified: 2016-08-24 03:02:52
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 57946 

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