81_FR_64741 81 FR 64559 - Submission for OMB Review; Comment Request

81 FR 64559 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 182 (September 20, 2016)

Page Range64559-64560
FR Document2016-22625

Federal Register, Volume 81 Issue 182 (Tuesday, September 20, 2016)
[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Notices]
[Pages 64559-64560]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22625]


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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:
    Notice of Exempt Preliminary Roll-Up Communication, SEC File No. 
270-396, OMB Control No. 3235-0452.

    Notice is hereby given that, pursuant to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange 
Commission (``Commission'') has submitted to the Office of Management 
and Budget this request for extension of the previously approved 
collection of information discussed below.
    Rule 14a-6(n) [17 CFR 240.14a-6(n)] under the Securities Exchange 
Act of 1934 (``Exchange Act'') (U.S.C. 78a et seq.) requires any person 
that engages in a proxy solicitation is subject to

[[Page 64560]]

Exchange Act Rule 14a-2(b)(4) [17 CFR 240.14a-2(b)(4)] to file a Notice 
of Exempt Preliminary Roll-Up Communication (``Notice'') [17 CFR 
240.14a-104] with the Commission. The Notice provides information 
regarding ownership interest and any potential conflicts of interest to 
be included in statements submitted by or on behalf of a person 
engaging in the solicitation. The Notice is filed on occasion and the 
information required is mandatory. All information is provided to the 
public upon request. We estimate the Notice takes approximately 0.25 
hours per response and is filed by approximately 4 respondents for a 
total of one annual burden hour (0.25 hours per response x 4 
responses).
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid control number.
    Written comments regarding the above information should be directed 
to the following persons: (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 send an email to: 
Shagufta_Ahmed@omb.eop.gov; and (ii) Thomas Bayer, Director/Chief 
Information Officer, Securities and Exchange Commission, c/o Remi 
Pavlik-Simon, 100 F Street NE., Washington, DC 20549; or send an email 
to: PRA_Mailbox@sec.gov. Comments must be submitted to OMB within 30 
days of this notice.

    Dated: September 15, 2016.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-22625 Filed 9-19-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Notices                                                 64559

                                                and a national market system, and, in                     specified in the Plan, and must take the              submission, all subsequent
                                                general, to protect investors and the                     same steps that the Exchange has to                   amendments, all written statements
                                                public interest. The Exchange believes                    conform its existing rules to the                     with respect to the proposed rule
                                                that the proposed rule change is                          requirements of the Plan. Therefore, the              change that are filed with the
                                                consistent with the Act because it                        proposed changes would not impose                     Commission, and all written
                                                allows the Exchange to make changes to                    any burden on competition, while                      communications relating to the
                                                its handling of Order Types and Order                     providing certainty of treatment and                  proposed rule change between the
                                                Attributes necessary to implement the                     execution of trading interests on the                 Commission and any person, other than
                                                requirements of the Plan on its System.                   Exchange to market participants in NMS                those that may be withheld from the
                                                The Plan, which was approved by the                       Stocks that are acting in compliance                  public in accordance with the
                                                Commission pursuant to an order issued                    with the requirements specified in the                provisions of 5 U.S.C. 552, will be
                                                by the Commission in reliance on                          Plan.                                                 available for Web site viewing and
                                                Section 11A of the Act,41 provides the                                                                          printing in the Commission’s Public
                                                Exchange authority to establish,                          C. Self-Regulatory Organization’s                     Reference Room, 100 F Street NE.,
                                                maintain, and enforce written policies                    Statement on Comments on the                          Washington, DC 20549, on official
                                                and procedures that are reasonably                        Proposed Rule Change Received From                    business days between the hours of
                                                designed to comply with applicable                        Members, Participants, or Others                      10:00 a.m. and 3:00 p.m. Copies of the
                                                quoting and trading requirements                            No written comments were either                     filing also will be available for
                                                specified in the Plan. The Exchange                       solicited or received.                                inspection and copying at the principal
                                                believes that the proposed rule change                                                                          office of the Exchange. All comments
                                                                                                          III. Date of Effectiveness of the
                                                is consistent with the authority granted                                                                        received will be posted without change;
                                                                                                          Proposed Rule Change and Timing for
                                                to it by the Plan to establish                                                                                  the Commission does not edit personal
                                                                                                          Commission Action
                                                specifications and procedures for the                                                                           identifying information from
                                                implementation and operation of the                          Within 45 days of the date of                      submissions. You should submit only
                                                Plan that are consistent with the                         publication of this notice in the Federal             information that you wish to make
                                                provisions of the Plan. Likewise, the                     Register or within such longer period (i)             available publicly. All submissions
                                                Exchange believes that the proposed                       as the Commission may designate up to                 should refer to File Number SR–Phlx–
                                                rule change provides interpretations of                   90 days of such date if it finds such                 2016–92, and should be submitted on or
                                                the Plan that are consistent with the                     longer period to be appropriate and                   before October 4, 2016.
                                                Act, in general, and furthers the                         publishes its reasons for so finding or                 For the Commission, by the Division of
                                                objectives of the Act, in particular.                     (ii) as to which the Exchange consents,               Trading and Markets, pursuant to delegated
                                                   The Exchange is a Participant under                    the Commission shall: (a) By order                    authority.42
                                                the Plan and is subject to the Plan’s                     approve or disapprove such proposed                   Robert W. Errett,
                                                provisions. The proposed rule change                      rule change, or (b) institute proceedings             Deputy Secretary.
                                                ensures that the Exchange’s systems                       to determine whether the proposed rule                [FR Doc. 2016–22534 Filed 9–19–16; 8:45 am]
                                                would not display or execute trading                      change should be disapproved.
                                                                                                                                                                BILLING CODE 8011–01–P
                                                interests outside the requirements
                                                specified in such Plan, which otherwise                   IV. Solicitation of Comments
                                                may occur given existing System                             Interested persons are invited to                   SECURITIES AND EXCHANGE
                                                functionality. The proposal would also                    submit written data, views, and                       COMMISSION
                                                help allow market participants to                         arguments concerning the foregoing,
                                                continue to trade NMS Stocks, within                      including whether the proposed rule                   Submission for OMB Review;
                                                quoting and trading requirements that                     change is consistent with the Act.                    Comment Request
                                                are in compliance with the Plan, with                     Comments may be submitted by any of
                                                certainty on how certain orders and                       the following methods:                                Upon Written Request Copies Available
                                                trading interests would be treated. This,                                                                        From: Securities and Exchange
                                                                                                          Electronic Comments                                    Commission, Office of FOIA Services,
                                                in turn, will help encourage market
                                                participants to continue to provide                         • Use the Commission’s Internet                      100 F Street NE., Washington, DC
                                                liquidity in the marketplace.                             comment form (http://www.sec.gov/                      20549–2736.
                                                                                                          rules/sro.shtml); or                                  Extension:
                                                B. Self-Regulatory Organization’s                           • Send an email to rule-comments@                     Notice of Exempt Preliminary Roll-Up
                                                Statement on Burden on Competition                        sec.gov. Please include File Number SR–                   Communication, SEC File No. 270–396,
                                                   The Exchange does not believe that                     Phlx–2016–92 on the subject line.                         OMB Control No. 3235–0452.
                                                the proposed rule change will impose                                                                               Notice is hereby given that, pursuant
                                                                                                          Paper Comments
                                                any burden on competition that is not                                                                           to the Paperwork Reduction Act of 1995
                                                necessary or appropriate in furtherance                     • Send paper comments in triplicate                 (44 U.S.C. 3501 et seq.) the Securities
                                                of the purposes of the Act. The                           to Secretary, Securities and Exchange                 and Exchange Commission
                                                proposed changes are being made to                        Commission, 100 F Street NE.,                         (‘‘Commission’’) has submitted to the
                                                establish, maintain, and enforce written                  Washington, DC 20549–1090.                            Office of Management and Budget this
                                                policies and procedures that are                          All submissions should refer to File                  request for extension of the previously
                                                reasonably designed to comply with the                    Number SR–Phlx–2016–92. This file                     approved collection of information
                                                                                                          number should be included on the
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                                                trading and quoting requirements                                                                                discussed below.
                                                specified in the Plan, of which other                     subject line if email is used. To help the               Rule 14a–6(n) [17 CFR 240.14a–6(n)]
                                                equities exchanges are also Participants.                 Commission process and review your                    under the Securities Exchange Act of
                                                Other competing national securities                       comments more efficiently, please use                 1934 (‘‘Exchange Act’’) (U.S.C. 78a et
                                                exchanges are subject to the same                         only one method. The Commission will                  seq.) requires any person that engages in
                                                trading and quoting requirements                          post all comments on the Commission’s                 a proxy solicitation is subject to
                                                                                                          Internet Web site (http://www.sec.gov/
                                                  41 15   U.S.C. 78k–1.                                   rules/sro.shtml). Copies of the                         42 17   CFR 200.30–3(a)(12).



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                                                64560                     Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Notices

                                                Exchange Act Rule 14a–2(b)(4) [17 CFR                   SECURITIES AND EXCHANGE                                  received regarding the proposed rule
                                                240.14a–2(b)(4)] to file a Notice of                    COMMISSION                                               change. The Commission is publishing
                                                Exempt Preliminary Roll-Up                                                                                       this notice to solicit comments on
                                                                                                        [Release No. 34–78847; File No. SR–
                                                Communication (‘‘Notice’’) [17 CFR                                                                               Amendment No. 1 from interested
                                                                                                        BatsBZX–2016–34]
                                                240.14a–104] with the Commission. The                                                                            persons, and is approving the proposed
                                                Notice provides information regarding                   Self-Regulatory Organizations; Bats                      rule change, as modified by
                                                ownership interest and any potential                    BZX Exchange, Inc.; Notice of Filing of                  Amendments No. 1 and No. 2, on an
                                                conflicts of interest to be included in                 Amendment No. 1, and Order Granting                      accelerated basis.
                                                statements submitted by or on behalf of                 Accelerated Approval of a Proposed                       II. The Exchange’s Description of the
                                                a person engaging in the solicitation.                  Rule Change, as Modified by                              Proposed Rule Change 8
                                                The Notice is filed on occasion and the                 Amendments No. 1 and No. 2, to BZX
                                                                                                                                                                    The Exchange proposes to list and
                                                information required is mandatory. All                  Rule 14.1(i), Managed Fund Shares, To
                                                                                                                                                                 trade the Shares under BZX Rule
                                                information is provided to the public                   List and Trade Shares of the
                                                                                                                                                                 14.11(i), which governs the listing and
                                                upon request. We estimate the Notice                    ProShares Crude Oil Strategy ETF
                                                                                                                                                                 trading of Managed Fund Shares on the
                                                takes approximately 0.25 hours per                      September 15, 2016.                                      Exchange.9 The Fund will be an actively
                                                response and is filed by approximately                                                                           managed fund that seeks to provide
                                                4 respondents for a total of one annual                 I. Introduction                                          exposure to the West Texas Intermediate
                                                burden hour (0.25 hours per response ×                     On July 1, 2016, Bats BZX Exchange,                   (‘‘WTI’’) crude oil futures markets. The
                                                4 responses).                                           Inc. (‘‘Exchange’’ or ‘‘BZX’’) filed with                Fund’s strategy seeks to improve
                                                   An agency may not conduct or                         the Securities and Exchange                              performance over index based strategies
                                                                                                        Commission (‘‘Commission’’), pursuant                    by actively managing the rolling of WTI
                                                sponsor, and a person is not required to
                                                                                                        to Section 19(b)(1) of the Securities                    crude oil futures contracts.
                                                respond to, a collection of information                                                                             The Shares will be offered by the
                                                                                                        Exchange Act of 1934 (‘‘Exchange
                                                unless it displays a currently valid                                                                             Trust. According to the Exchange, the
                                                                                                        Act’’) 1 and Rule 19b–4 thereunder,2 a
                                                control number.                                                                                                  Trust is registered with the Commission
                                                                                                        proposed rule change to list and trade
                                                   Written comments regarding the                       shares (‘‘Shares’’) of the ProShares K–1                 as an open-end investment company.10
                                                above information should be directed to                 Free Crude Oil Strategy ETF (‘‘Fund’’),                  ProShare Advisors LLC is the
                                                the following persons: (i) Desk Officer                 a series of ProShares Trust (‘‘Trust’’),                 investment adviser (‘‘Adviser’’) 11 to the
                                                for the Securities and Exchange                         under Rule 14.11(i) (‘‘Managed Fund
                                                Commission, Office of Information and                   Shares’’). The proposed rule change was                  surveillance procedures constitute continued listing
                                                                                                                                                                 requirements for listing the Shares on the Exchange;
                                                Regulatory Affairs, Office of                           published for comment in the Federal                     (2) the issuer has represented to the Exchange that
                                                Management and Budget, Room 10102,                      Register on July 21, 2016.3 The                          it will advise the Exchange of any failure by the
                                                New Executive Office Building,                          Commission received no comments on                       Fund to comply with the continued listing
                                                                                                        the proposed rule change. On August                      requirements; (3) pursuant to its obligations under
                                                Washington, DC 20503 or send an email                                                                            Section 19(g)(1) of the Exchange Act, the Exchange
                                                to: Shagufta_Ahmed@omb.eop.gov; and                     19, 2016, the Exchange filed                             will surveil for compliance with the continued
                                                (ii) Thomas Bayer, Director/Chief                       Amendment No. 1 to the proposed rule                     listing requirements; and (4) if the Fund is not in
                                                                                                        change, which amended and replaced                       compliance with the applicable listing
                                                Information Officer, Securities and                                                                              requirements, the Exchange will commence
                                                Exchange Commission, c/o Remi Pavlik-                   the original proposal in its entirety.4 On               delisting procedures under BZX Rule 14.12.
                                                Simon, 100 F Street NE., Washington,                    August 23, 2016, pursuant to Section                     Amendments No. 1 and No. 2 are available at:
                                                DC 20549; or send an email to: PRA_                     19(b)(2) of the Exchange Act,5 the                       https://www.sec.gov/comments/sr-batsbzx-2016-34/
                                                                                                        Commission designated a longer period                    batsbzx201634.shtml. Because Amendment No. 2
                                                Mailbox@sec.gov. Comments must be                                                                                does not materially alter the substance of the
                                                                                                        within which to approve the proposed
                                                submitted to OMB within 30 days of                                                                               proposed rule change or raise unique or novel
                                                                                                        rule change, disapprove the proposed                     regulatory issues, it is not subject to notice and
                                                this notice.
                                                                                                        rule change, or institute proceedings to                 comment.
                                                  Dated: September 15, 2016.                            determine whether to disapprove the                         8 The Commission notes that additional

                                                                                                                                                                 information regarding the Trust, the Fund, its
                                                Robert W. Errett,                                       proposed rule change.6 On September                      investments, and the Shares, including investment
                                                Deputy Secretary.                                       15, 2016, the Exchange filed                             strategies, risks, creation and redemption
                                                [FR Doc. 2016–22625 Filed 9–19–16; 8:45 am]             Amendment No. 2 to the proposed rule                     procedures, fees, portfolio holdings disclosure
                                                                                                        change.7 No comments have been                           policies, calculation of net asset value (‘‘NAV’’),
                                                BILLING CODE 8011–01–P                                                                                           distributions, and taxes, among other things, can be
                                                                                                          1 15
                                                                                                                                                                 found in the Amendment No. 1 and the Registration
                                                                                                                U.S.C. 78s(b)(1).                                Statement, as applicable. See Amendment No. 1,
                                                                                                          2 17  CFR 240.19b–4.                                   supra note 4, and Registration Statement, infra note
                                                                                                           3 See Securities Exchange Act Release No. 78346
                                                                                                                                                                 10.
                                                                                                        (July 15, 2016), 81 FR 47475.                               9 The Commission approved BZX Rule 14.11(i) in
                                                                                                           4 In Amendment No. 1, the Exchange clarified
                                                                                                                                                                 Securities Exchange Act Release No. 65225 (August
                                                                                                        certain details regarding the holdings of the Fund,      30, 2011), 76 FR 55148 (September 6, 2011) (SR–
                                                                                                        clarified a point regarding surveillance over futures    BATS–2011–018).
                                                                                                        contracts held by the Fund, and added details about         10 The Exchange states that the Trust has filed a
                                                                                                        the Fund.                                                registration statement on behalf of the Fund with
                                                                                                           5 15 U.S.C. 78s(b)(2).
                                                                                                                                                                 the Commission. See Registration Statement on
                                                                                                           6 See Securities Exchange Act Release No. 78643,      Form N–1A for the Trust, dated May 3, 2016 (File
                                                                                                        81 FR 59253 (August 29, 2016). The Commission            Nos. 333–89822 and 811–21114) (‘‘Registration
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                                                                                                        designated October 19, 2016, as the date by which        Statement’’). The Exchange states that the
                                                                                                        the Commission shall either approve or disapprove,       Commission has issued an order granting certain
                                                                                                        or institute proceedings to determine whether to         exemptive relief to the Trust under the Investment
                                                                                                        disapprove, the proposed rule change.                    Company Act of 1940 (‘‘1940 Act’’). See Investment
                                                                                                           7 In Amendment No. 2, the Exchange represented        Company Act Release No. 30562 (June 18, 2013)
                                                                                                        that: (1) All statements and representations made in     (File No. 812–14041).
                                                                                                        the filing regarding the description of the portfolio,      11 The Exchange states that the Adviser has

                                                                                                        limitations on portfolio holdings or reference assets,   registered as a Commodity Pool Operator and will
                                                                                                        or the applicability of Exchange rules and               become a member of the National Futures



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Document Created: 2018-02-09 13:20:41
Document Modified: 2018-02-09 13:20:41
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 64559 

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