81 FR 79549 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 219 (November 14, 2016)

Page Range		79549-79549
FR Document		2016-27248

Federal Register, Volume 81 Issue 219 (Monday, November 14, 2016)

[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Page 79549]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27248]


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SECURITIES AND EXCHANGE COMMISSION


Proposed Collection; Comment Request

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

Extension: Rule 201 and Rule 200(g) of Regulation SHO
    SEC File No. 270-606, OMB Control No. 3235-0670

    Notice is hereby given that pursuant to the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange 
Commission (``Commission'') is soliciting comments on the existing 
collection of information provided for in Rule 201 (17 CFR 242.201) and 
Rule 200(g) (17 CFR 242.200(g)) under the Securities Exchange Act of 
1934 (15 U.S.C. 78a et seq.). The Commission plans to submit this 
existing collection of information to the Office of Management and 
Budget (``OMB'') for extension and approval.
    Rule 201 is a short sale-related circuit breaker rule that, if 
triggered, imposes a restriction on the prices at which securities may 
be sold short. Rule 200(g) provides that a broker-dealer may mark 
certain qualifying sell orders ``short exempt.'' The information 
collected under Rule 201's written policies and procedures requirement 
applicable to trading centers, the written policies and procedures 
requirement of the broker-dealer provision of Rule 201(c), the written 
policies and procedures requirement of the riskless principal provision 
of Rule 201(d)(6), and the ``short exempt'' marking requirement of Rule 
200(g) enable the Commission and self-regulatory organizations 
(``SROs'') to examine and monitor for compliance with the requirements 
of Rule 201 and Rule 200(g).
    In addition, the information collected under Rule 201's written 
policies and procedures requirement applicable to trading centers helps 
to ensure that trading centers do not execute or display any 
impermissibly priced short sale orders, unless an order is marked 
``short exempt,'' in accordance with the rule's requirements. 
Similarly, the information collected under the written policies and 
procedures requirement of the broker-dealer provision of Rule 201(c) 
and the riskless principal provision of Rule 201(d)(6) helps to ensure 
that broker-dealers comply with the requirements of these provisions. 
The information collected pursuant to the ``short exempt'' marking 
requirement of Rule 200(g) also provides an indication to a trading 
center of when it must execute or display a short sale order without 
regard to whether the short sale order is at a price that is less than 
or equal to the current national best bid.
    It is estimated that SRO and non-SRO respondents registered with 
the Commission and subject to the collection of information 
requirements of Rule 201 and Rule 200(g) incur an aggregate annual 
burden of 2,908,309 hours to comply with the rules and an aggregate 
annual external cost of $120,000.
    Written comments are invited on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
estimates of the burden of the proposed collection of information; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on respondents, including through the use of automated 
collection techniques or other forms of information technology. 
Consideration will be given to comments and suggestions submitted in 
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information under the PRA unless it 
displays a currently valid OMB control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi 
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or send an email 
to: [email protected].

    Dated: November 7, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-27248 Filed 11-10-16; 8:45 am]
 BILLING CODE 8011-01-P

Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices 79549

same or better conditions (in any other SECURITIES AND EXCHANGE an indication to a trading center of
circumstance).5 COMMISSION when it must execute or display a short
5. Applicants also believe that the sale order without regard to whether the
limited relief from section 18(f)(1) of the Proposed Collection; Comment short sale order is at a price that is less
Act that is necessary to implement the Request than or equal to the current national
facility (because the lending Funds are best bid.
Upon Written Request, Copies Available
not banks) is appropriate in light of the
From: Securities and Exchange It is estimated that SRO and non-SRO
conditions and safeguards described in
Commission, Office of FOIA Services, respondents registered with the
the application and because the Funds
100 F Street NE., Washington, DC Commission and subject to the
would remain subject to the
20549–2736. collection of information requirements
requirement of section 18(f)(1) that all
borrowings of a Fund, including Extension: Rule 201 and Rule 200(g) of of Rule 201 and Rule 200(g) incur an
combined interfund loans and bank Regulation SHO aggregate annual burden of 2,908,309
SEC File No. 270–606, OMB Control No. hours to comply with the rules and an
borrowings, have at least 300% asset
3235–0670
coverage. aggregate annual external cost of
6. Section 6(c) of the Act permits the Notice is hereby given that pursuant $120,000.
Commission to exempt any persons or to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) (‘‘PRA’’), the Written comments are invited on: (a)
transactions from any provision of the
Securities and Exchange Commission Whether the proposed collection of
Act if such exemption is necessary or
appropriate in the public interest and (‘‘Commission’’) is soliciting comments information is necessary for the proper
consistent with the protection of on the existing collection of information performance of the functions of the
investors and the purposes fairly provided for in Rule 201 (17 CFR Commission, including whether the
intended by the policy and provisions of 242.201) and Rule 200(g) (17 CFR information shall have practical utility;
the Act. Section 12(d)(1)(J) of the Act 242.200(g)) under the Securities (b) the accuracy of the Commission’s
provides that the Commission may Exchange Act of 1934 (15 U.S.C. 78a et estimates of the burden of the proposed
exempt any person, security, or seq.). The Commission plans to submit collection of information; (c) ways to
transaction, or any class or classes of this existing collection of information to enhance the quality, utility, and clarity
persons, securities, or transactions, from the Office of Management and Budget of the information collected; and (d)
any provision of section 12(d)(1) if the (‘‘OMB’’) for extension and approval. ways to minimize the burden of the
exemption is consistent with the public Rule 201 is a short sale-related circuit collection of information on
interest and the protection of investors. breaker rule that, if triggered, imposes a respondents, including through the use
Section 17(b) of the Act authorizes the restriction on the prices at which of automated collection techniques or
Commission to grant an order securities may be sold short. Rule 200(g) other forms of information technology.
permitting a transaction otherwise provides that a broker-dealer may mark
Consideration will be given to
prohibited by section 17(a) if it finds certain qualifying sell orders ‘‘short
comments and suggestions submitted in
that (a) the terms of the proposed exempt.’’ The information collected
under Rule 201’s written policies and writing within 60 days of this
transaction are fair and reasonable and publication.
do not involve overreaching on the part procedures requirement applicable to
of any person concerned; (b) the trading centers, the written policies and An agency may not conduct or
proposed transaction is consistent with procedures requirement of the broker- sponsor, and a person is not required to
the policies of each registered dealer provision of Rule 201(c), the respond to, a collection of information
investment company involved; and (c) written policies and procedures under the PRA unless it displays a
the proposed transaction is consistent requirement of the riskless principal currently valid OMB control number.
with the general purposes of the Act. provision of Rule 201(d)(6), and the Please direct your written comments
Rule 17d–1(b) under the Act provides ‘‘short exempt’’ marking requirement of
to: Pamela Dyson, Director/Chief
that in passing upon an application filed Rule 200(g) enable the Commission and
Information Officer, Securities and
under the rule, the Commission will self-regulatory organizations (‘‘SROs’’)
to examine and monitor for compliance Exchange Commission, c/o Remi Pavlik-
consider whether the participation of Simon, 100 F Street NE., Washington,
the registered investment company in a with the requirements of Rule 201 and
Rule 200(g). DC 20549, or send an email to: PRA_
joint enterprise, joint arrangement or
In addition, the information collected Mailbox@sec.gov.
profit sharing plan on the basis
proposed is consistent with the under Rule 201’s written policies and Dated: November 7, 2016.
provisions, policies and purposes of the procedures requirement applicable to Brent J. Fields,
Act and the extent to which such trading centers helps to ensure that
Secretary.
participation is on a basis different from trading centers do not execute or
[FR Doc. 2016–27248 Filed 11–10–16; 8:45 am]
or less advantageous than that of the display any impermissibly priced short
other participants. sale orders, unless an order is marked BILLING CODE 8011–01–P

‘‘short exempt,’’ in accordance with the
For the Commission, by the Division of
Investment Management, under delegated
rule’s requirements. Similarly, the
authority. information collected under the written
Brent J. Fields, policies and procedures requirement of
the broker-dealer provision of Rule
mstockstill on DSK3G9T082PROD with NOTICES

Secretary.
201(c) and the riskless principal
[FR Doc. 2016–27249 Filed 11–10–16; 8:45 am]
provision of Rule 201(d)(6) helps to
BILLING CODE 8011–01–P
ensure that broker-dealers comply with
5 Applicants state that any pledge of securities to
the requirements of these provisions.
secure an interfund loan could constitute a
The information collected pursuant to
purchase of securities for purposes of section the ‘‘short exempt’’ marking
17(a)(2) of the Act. requirement of Rule 200(g) also provides

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Document Created: 2018-10-24 10:48:48
Document Modified: 2018-10-24 10:48:48

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 79549