81 FR 837 - Submission for OMB Review; Comment Request
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 4 (January 7, 2016)
Federal Register Volume 81, Issue 4 (January 7, 2016)
| Page Range | 837-838 | |
| FR Document | 2015-33216 |
[Federal Register Volume 81, Number 4 (Thursday, January 7, 2016)] [Notices] [Pages 837-838] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-33216] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [SEC File No. 270-247; OMB Control No. 3235-0259] Submission for OMB Review; Comment Request Upon Written Request Copies Available From: U.S. Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE., Washington, DC 20549-2736. Reinstatement: Rule 19h-1 Notice by a Self-Regulatory Organization of Proposed Admission to or Continuance in Membership or Participation or Association with a Member of Any Person Subject to a Statutory Disqualification, and Applications to the Commission for Relief Therefrom. 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 (``OMB'') a request for approval of a reinstatement, with change, of a previously approved collection for which approval has expired--Rule 19h-1, Notice by a Self-Regulatory Organization of Proposed Admission to or Continuance in Membership or Participation or Association with a Member of Any Person Subject to a Statutory Disqualification, and Applications to the Commission for Relief Therefrom (17 CFR 240.19h-1). Rule 19h-1 (``Rule'') under the Securities Exchange Act of 1934 (the ``Exchange Act'') prescribes the form and content of notices and applications by self-regulatory organizations (``SROs'') regarding proposed admissions to, or continuances in, membership, participation or association with a member of any person subject to a statutory disqualification. The Commission uses the information provided in the submissions filed pursuant to Rule 19h-1 to review decisions of SROs to permit the entry into or continuance in the securities business of persons who have committed serious misconduct. The filings submitted pursuant to the Rule also permit inclusion of an application to the Commission for consent to associate with a member of an SRO notwithstanding a Commission order barring such association. The Commission reviews filings made pursuant to the Rule to ascertain whether it is in the public interest to permit the employment in the securities business of persons subject to a statutory disqualification. The filings contain information that is essential to the staff's review and ultimate determination on whether an association or employment is in the public interest and consistent with investor protection. Without these filings, persons subject to a statutory disqualification could reenter or continue employment in the securities business without the Commission's critical review of their character, ability to act as a fiduciary, and their employer's plan of supervision. The failure to collect and review this information could result in significant harm to the investing public. The Commission estimates the annual burden of responding to this collection of information is as follows. [[Page 838]] Burden Hours ---------------------------------------------------------------------------------------------------------------- 19h-1(a)(4)-- Notification of 19h-1(d)-- 19h-1(a)--Notice proposed Application to of admission or admission or 19h-1(b)-- the Commission continuance continuance Preliminary for relief from notwithstanding pursuant to an notifications certain statutory a statutory exception from disqualification the notice disqualifications requirements ---------------------------------------------------------------------------------------------------------------- Estimated number of respondents =... 20 20 20 20 Estimated number of annual responses 11 9 28 5 per respondent =................... Estimated annual reporting burden 80 80 13 80 per response =..................... ---------------------------------------------------------------------------------------------------------------- Burden Hours ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Estimated total annual reporting 17,600 (20 14,400 (20 7,280 (20 8,000 (20 burden =. respondents x 11 respondents x 9 respondents x 28 respondents x 5 annual responses annual responses annual responses annual responses per respondent x per respondent x per respondent x per respondent x 80 hours per 80 hours per 13 hours per 80 hours per respondent). respondent). respondent). respondent). ---------------------------------------------------------------------------------------------------------------- The Commission may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number. The public may view background documentation for this information collection at the following Web site, www.reginfo.gov. Persons submitting comments on the collection of information requirements should direct them to (i) the Office of Management and Budget, Attention: Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Washington, DC 20503, 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 send an email to: [email protected]. Comments should reference SEC File No. 270-247. Comments must be submitted to OMB within 30 days of this notice. Dated: December 30, 2015. Jill M. Peterson, Assistant Secretary. [FR Doc. 2015-33216 Filed 1-6-16; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices 837
and associated tasks. As such, the amendments, all written statements (‘‘Commission’’) has submitted to the
proposed revisions would make the with respect to the proposed rule Office of Management and Budget
examination more efficient and change that are filed with the (‘‘OMB’’) a request for approval of a
effective. Commission, and all written reinstatement, with change, of a
communications relating to the previously approved collection for
C. Self-Regulatory Organization’s
proposed rule change between the which approval has expired—Rule 19h–
Statement on Comments on the
Commission and any person, other than 1, Notice by a Self-Regulatory
Proposed Rule Change Received From
those that may be withheld from the Organization of Proposed Admission to
Members, Participants, or Others
public in accordance with the or Continuance in Membership or
Written comments were neither provisions of 5 U.S.C. 552, will be Participation or Association with a
solicited nor received. available for Web site viewing and Member of Any Person Subject to a
III. Date of Effectiveness of the printing in the Commission’s Public Statutory Disqualification, and
Proposed Rule Change and Timing for Reference Room, 100 F Street NE., Applications to the Commission for
Commission Action Washington, DC 20549 on official Relief Therefrom (17 CFR 240.19h–1).
business days between the hours of Rule 19h–1 (‘‘Rule’’) under the
The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of such
effective pursuant to Section 19(b)(3)(A) Securities Exchange Act of 1934 (the
filing also will be available for ‘‘Exchange Act’’) prescribes the form
of the Act 24 and paragraph (f)(1) of Rule inspection and copying at the principal
19b–4 thereunder.25 At any time within and content of notices and applications
offices of FINRA. All comments by self-regulatory organizations
60 days of the filing of the proposed rule received will be posted without change;
change, the Commission summarily may (‘‘SROs’’) regarding proposed
the Commission does not edit personal admissions to, or continuances in,
temporarily suspend such rule change if identifying information from
it appears to the Commission that such membership, participation or
submissions. You should submit only association with a member of any
action is necessary or appropriate in the information that you wish to make
public interest, for the protection of person subject to a statutory
available publicly. All submissions disqualification.
investors, or otherwise in furtherance of should refer to File Number SR–FINRA–
the purposes of the Act. If the 2015–058, and should be submitted on The Commission uses the information
Commission takes such action, the or before January 28, 2016. provided in the submissions filed
Commission shall institute proceedings pursuant to Rule 19h–1 to review
to determine whether the proposed rule For the Commission, by the Division of decisions of SROs to permit the entry
Trading and Markets, pursuant to delegated
should be approved or disapproved. authority.26
into or continuance in the securities
business of persons who have
IV. Solicitation of Comments Jill M. Peterson,
committed serious misconduct. The
Interested persons are invited to Assistant Secretary.
filings submitted pursuant to the Rule
submit written data, views, and [FR Doc. 2015–33311 Filed 1–6–16; 8:45 am] also permit inclusion of an application
arguments concerning the foregoing, BILLING CODE 8011–01–P to the Commission for consent to
including whether the proposed rule associate with a member of an SRO
change is consistent with the Act. notwithstanding a Commission order
Comments may be submitted by any of SECURITIES AND EXCHANGE barring such association.
the following methods: COMMISSION
The Commission reviews filings made
Electronic Comments [SEC File No. 270–247; OMB Control No. pursuant to the Rule to ascertain
3235–0259]
• Use the Commission’s Internet whether it is in the public interest to
comment form (http://www.sec.gov/ Submission for OMB Review; permit the employment in the securities
rules/sro.shtml); or Comment Request business of persons subject to a
• Send an email to rule-comments@ statutory disqualification. The filings
sec.gov. Please include File Number SR– Upon Written Request Copies Available contain information that is essential to
FINRA–2015–058 on the subject line. From: U.S. Securities and Exchange the staff’s review and ultimate
Commission, Office of FOIA Services, determination on whether an
Paper Comments 100 F Street NE., Washington, DC association or employment is in the
• Send paper comments in triplicate 20549–2736. public interest and consistent with
to Secretary, Securities and Exchange Reinstatement: investor protection. Without these
Commission, 100 F Street NE., Rule 19h–1 filings, persons subject to a statutory
Washington, DC 20549–1090. Notice by a Self-Regulatory disqualification could reenter or
All submissions should refer to File Organization of Proposed Admission to continue employment in the securities
Number SR–FINRA–2015–058. This file or Continuance in Membership or business without the Commission’s
number should be included on the Participation or Association with a critical review of their character, ability
subject line if email is used. To help the Member of Any Person Subject to a to act as a fiduciary, and their
Commission process and review your Statutory Disqualification, and employer’s plan of supervision. The
comments more efficiently, please use Applications to the Commission for failure to collect and review this
only one method. The Commission will Relief Therefrom. information could result in significant
post all comments on the Commission’s Notice is hereby given that, pursuant harm to the investing public.
rmajette on DSK2TPTVN1PROD with NOTICES
Internet Web site (http://www.sec.gov/ to the Paperwork Reduction Act of 1995 The Commission estimates the annual
rules/sro.shtml). Copies of the (44 U.S.C. 3501 et seq.), the Securities burden of responding to this collection
submission, all subsequent and Exchange Commission of information is as follows.
24 15 U.S.C. 78s(b)(3)(A). 25 17 CFR 240.19b–4(f)(1). 26 17 CFR 200.30–3(a)(12).
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![838 Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices
BURDEN HOURS
Estimated number of respondents = ........................................................................ 20 20 20 20
Estimated number of annual responses per respondent = ...................................... 11 9 28 5
Estimated annual reporting burden per response = ................................................. 80 80 13 80
BURDEN HOURS
Estimated total annual report- 17,600 (20 respondents × 11 14,400 (20 respondents × 9 7,280 (20 respondents × 28 8,000 (20 respondents × 5 an-
ing burden =. annual responses per re- annual responses per re- annual responses per re- nual responses per respond-
spondent × 80 hours per re- spondent × 80 hours per re- spondent × 13 hours per re- ent × 80 hours per respond-
spondent). spondent). spondent). ent).
The Commission may not conduct or 21, 2015, Boston Stock Exchange summaries, set forth in sections A, B,
sponsor a collection of information Clearing Corporation (‘‘BSECC’’) filed and C below, of the most significant
unless it displays a currently valid with the Securities and Exchange aspects of such statements.
control number. No person shall be Commission (‘‘SEC’’ or ‘‘Commission’’)
subject to any penalty for failing to the proposed rule change as described A. Self-Regulatory Organization’s
comply with a collection of information in Items I and II below, which Items Statement of the Purpose of, and
subject to the PRA that does not display have been prepared by BSECC. On Statutory Basis for, the Proposed Rule
a valid OMB control number. December 29, 2015, BSECC filed Change
The public may view background Amendment No. 1 to the proposal.3 The 1. Purpose
documentation for this information Commission is publishing this notice to
collection at the following Web site, solicit comments on the proposed rule The Company is proposing
www.reginfo.gov. Persons submitting change, as modified by Amendment No. amendments to certain provisions of its
comments on the collection of 1, from interested persons. By-Laws that relate to Director 4
information requirements should direct classifications.5 Specifically, the
I. Self-Regulatory Organization’s
them to (i) the Office of Management Company proposes to revise Section 4.3
Statement of the Terms of Substance of
and Budget, Attention: Desk Officer for of the By-Laws to state that it may,
the Proposed Rule Change
the Securities and Exchange
BSECC is filing this proposed rule rather than shall, include at least one,
Commission, Office of Information and
change with respect to amendments of but no more than two, Issuer Directors
Regulatory Affairs, Washington, DC
20503, and (ii) Pamela Dyson, Director/ the By-Laws (the ‘‘By-Laws’’) of its on its Board. In addition, the Company
Chief Information Officer, Securities parent corporation, Nasdaq, Inc. proposes to revise Section 4.7 of the By-
and Exchange Commission, c/o Remi (‘‘Nasdaq’’ or the ‘‘Company’’), to revise Laws to clarify the procedures when a
Pavlik-Simon, 100 F Street NE., the requirements regarding Director Director’s classification changes
Washington DC, 20549, or send an email classifications. This Amendment No. 1 between annual meetings of
to: PRA_Mailbox@sec.gov. Comments to SR–BSECC–2015–002 amends and stockholders.
should reference SEC File No. 270–247. replaces the original filing in its
entirety. The proposed amendments i. Section 4.3
Comments must be submitted to OMB
within 30 days of this notice. will be implemented on a date Currently, the Company’s By-Laws
designated by the Company following require that all of the Company’s
Dated: December 30, 2015.
approval by the Commission. The text of Directors be classified as: (i) Industry
Jill M. Peterson, the proposed rule change is available on
Assistant Secretary. BSECC’s Web site at http://
[FR Doc. 2015–33216 Filed 1–6–16; 8:45 am] nasdaqomxbx.cchwallstreet.com, at the
BILLING CODE 8011–01–P principal office of BSECC, and at the
Commission’s Public Reference Room.
SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s
COMMISSION Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
[Release No. 34–76806; File No. SR– Change
BSECC–2015–002)
In its filing with the Commission,
Self-Regulatory Organizations; Boston BSECC included statements concerning
Stock Exchange Clearing Corporation; the purpose of and basis for the
Notice of Filing of Proposed Rule proposed rule change and discussed any
Change, as Modified by Amendment comments it received on the proposed 4 ‘‘Director’’ means a member of the Company’s
No. 1 Thereto, To Amend the By-Laws rule change. The text of these statements Board of Directors. See Article I(j) of the By-Laws.
5 The provisions of the Company’s By-Laws that
of Nasdaq, Inc. may be examined at the places specified
relate to Director classifications are completely
in Item IV below. BSECC has prepared
December 31, 2015. distinct from the Listing Rules of The NASDAQ
rmajette on DSK2TPTVN1PROD with NOTICES
Pursuant to Section 19(b)(1) of the Stock Market. Therefore, the proposed amendments
3 Amendment No. 1 amends and replaces the
do not affect in any way the Company’s obligation,
Securities Exchange Act of 1934 original filing in its entirety. In Amendment No. 1,
as an issuer listed on The NASDAQ Stock Market,
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 BSECC, among other things, clarified the operation
of the current and proposed provisions of the By- to comply with the Listing Rules, and the Company
notice is hereby given that on December Laws of Nasdaq, Inc. and how the proposed rule will continue to comply with the Listing Rules,
change would operate in conjunction with the including provisions relating to corporate
1 15 U.S.C. 78s(b)(1). governance, following the effectiveness of the
Listing Rules of The NASDAQ Stock Market. See
2 17 CFR 240.19b–4. infra, note 5. proposed By-Law amendments.
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Document Created: 2016-01-07 00:12:59
Document Modified: 2016-01-07 00:12:59
| 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 837 |
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