82 FR 14258 - Proposed Collection; Comment Request
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 51 (March 17, 2017)
Federal Register Volume 82, Issue 51 (March 17, 2017)
| Page Range | 14258-14259 | |
| FR Document | 2017-05362 |
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)] [Notices] [Pages 14258-14259] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05362] ----------------------------------------------------------------------- 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 17a-5, SEC File No. 270-155, OMB Control No. 3235-0123. 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 17a-5 (17 CFR 240.17a- 5), 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 17a-5 is the basic financial reporting rule for brokers and dealers.\1\ The rule requires the filing of Form X-17A-5, the Financial and Operational Combined Uniform Single Report (``FOCUS Report''), which was the result of years of study and comments by representatives of the securities industry through advisory committees and through the normal rule proposal methods. The FOCUS Report was designed to eliminate the overlapping regulatory reports required by various self- regulatory organizations and the Commission and to reduce reporting burdens as much as possible. The rule also requires the filing of an annual audited report of financial statements. --------------------------------------------------------------------------- \1\ Rule 17a-5(c) requires a broker or dealer to furnish certain of its financial information to customers and is subject to a separate PRA filing (OMB Control Number 3235-0199). --------------------------------------------------------------------------- The FOCUS Report consists of: (1) Part I, which is a monthly report that must be filed by brokers or dealers that clear transactions or carry customer securities; (2) one of three alternative quarterly reports: Part II, which must be filed by brokers or dealers that clear transactions or carry customer securities; Part IIA, which must be filed by brokers or dealers that do not clear transactions or carry customer [[Page 14259]] securities; and Part IIB, which must be filed by specialized broker- dealers registered with the Commission as OTC derivatives dealers; \2\ (3) supplemental schedules, which must be filed annually; and (4) a facing page, which must be filed with the annual audited report of financial statements. Under the rule, a broker or dealer that computes certain of its capital charges in accordance with Appendix E to Exchange Act Rule 15c3-1 must file additional monthly, quarterly, and annual reports with the Commission. --------------------------------------------------------------------------- \2\ Part IIB of Form X-17A-5 must be filed by OTC derivatives dealers under Exchange Act Rule 17a-12 and is subject to a separate PRA filing (OMB control number 3235-0498). --------------------------------------------------------------------------- The Commission estimates that the total hours burden under Rule 17a-5 is approximately 356,020 hours per year when annualized, and the total cost burden under Rule 17a-5 is approximately $45,133,148 per year. 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 estimate 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: March 14, 2017. Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-05362 Filed 3-16-17; 8:45 am] BILLING CODE 8011-01-P
![14258 Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices
Exchange has filed the proposed rule the purposes of the Act. If the For the Commission, by the Division of
change for immediate effectiveness and Commission takes such action, the Trading and Markets, pursuant to delegated
has requested that the Commission Commission shall institute proceedings authority.20
waive the requirement that the proposed to determine whether the proposed rule Eduardo A. Aleman,
rule change not become operative for 30 should be approved or disapproved. Assistant Secretary.
days after the date of the filing so that [FR Doc. 2017–05343 Filed 3–16–17; 8:45 am]
IV. Solicitation of Comments
it may become operative on February BILLING CODE 8011–01–P
28, 2017. Interested persons are invited to
The Exchange notes that the proposed submit written data, views, and
rule change is intended to address arguments concerning the foregoing, SECURITIES AND EXCHANGE
confidentiality concerns raised in including whether the proposed rule COMMISSION
connection with the publication of OTC change is consistent with the Act.
Appendix B data by permitting the Comments may be submitted by any of Proposed Collection; Comment
Exchange to delay Web site publication the following methods: Request
of its Appendix B data from February Electronic Comments Upon Written Request, Copies Available
28, 2017 to April 28, 2017.16 The From: Securities and Exchange
Exchange notes that the delay would • Use the Commission’s Internet
comment form (http://www.sec.gov/ Commission, Office of FOIA Services,
provide additional time to assess a 100 F Street NE., Washington, DC
means of addressing the confidentiality rules/sro.shtml); or
• Send an email to rule-comments@ 20549–2736.
concerns. The Exchange notes that it
expects Participants to file proposed sec.gov. Please include File Number SR– Extension:
BX–2017–016 on the subject line. Rule 17a–5, SEC File No. 270–155, OMB
rule changes related to publishing Control No. 3235–0123.
Appendix B data. Paper Comments
The Commission believes that Notice is hereby given that pursuant
waiving the 30-day operative delay is • Send paper comments in triplicate to the Paperwork Reduction Act of 1995
consistent with the protection of to Secretary, Securities and Exchange (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the
investors and the public interest Commission, 100 F Street NE., Securities and Exchange Commission
because it will allow the Exchange to Washington, DC 20549–1090. (‘‘Commission’’) is soliciting comments
delay publication of its Appendix B data All submissions should refer to File on the existing collection of information
until April 28, 2017. As noted above, Number SR–BX–2017–016. This file provided for in Rule 17a–5 (17 CFR
commenters continue to raise concerns number should be included on the 240.17a–5), under the Securities
about the publication of OTC Appendix subject line if email is used. To help the Exchange Act of 1934 (15 U.S.C. 78a et
B data.17 Delaying publication of Commission process and review your seq.). The Commission plans to submit
Exchange’s Appendix B data 18 will comments more efficiently, please use this existing collection of information to
prevent the publication of partial (i.e., only one method. The Commission will the Office of Management and Budget
Exchange-only) Appendix B data post all comments on the Commission’s (‘‘OMB’’) for extension and approval.
required under the Plan. Therefore, the Internet Web site (http://www.sec.gov/ Rule 17a–5 is the basic financial
Commission hereby waives the 30-day rules/sro.shtml). Copies of the reporting rule for brokers and dealers.1
operative delay and designates the submission, all subsequent The rule requires the filing of Form X–
proposed rule change to be operative on amendments, all written statements 17A–5, the Financial and Operational
February 28, 2017.19 with respect to the proposed rule Combined Uniform Single Report
At any time within 60 days of the change that are filed with the (‘‘FOCUS Report’’), which was the result
filing of the proposed rule change, the Commission, and all written of years of study and comments by
Commission summarily may communications relating to the representatives of the securities industry
temporarily suspend such rule change if proposed rule change between the through advisory committees and
it appears to the Commission that such Commission and any person, other than through the normal rule proposal
action is necessary or appropriate in the those that may be withheld from the methods. The FOCUS Report was
public interest, for the protection of public in accordance with the designed to eliminate the overlapping
investors, or otherwise in furtherance of provisions of 5 U.S.C. 552, will be regulatory reports required by various
available for Web site viewing and self-regulatory organizations and the
16 See supra note 9. The Commission notes that printing in the Commission’s Public Commission and to reduce reporting
FINRA has submitted a proposed rule change to Reference Room, 100 F Street NE., burdens as much as possible. The rule
delay the publication of OTC Appendix B data. See also requires the filing of an annual
SR–FINRA–2017–005.
Washington, DC 20549, on official
17 The Commission notes that FINRA has filed a business days between the hours of audited report of financial statements.
proposed rule change that is intended to mitigate 10:00 a.m. and 3:00 p.m. Copies of the The FOCUS Report consists of: (1)
confidentiality concerns raised by commenters filing also will be available for Part I, which is a monthly report that
regarding the publication of OTC Appendix B data. inspection and copying at the principal must be filed by brokers or dealers that
See SR–FINRA–2017–006.
office of the Exchange. All comments clear transactions or carry customer
18 The Commission notes that other Participants
received will be posted without change; securities; (2) one of three alternative
have proposed to delay the publication of their
Appendix B data until April 28, 2017. See SR– the Commission does not edit personal quarterly reports: Part II, which must be
BatsBYX–2017–05; SR–BatsBZX–2017–15; SR– identifying information from filed by brokers or dealers that clear
asabaliauskas on DSK3SPTVN1PROD with NOTICES
BatsEDGA–2017–05; SR–BatsEDGX–2017–13; SR–
submissions. You should submit only transactions or carry customer
CHX–2017–05; SR–FINRA–2017–005; SR–IEX– securities; Part IIA, which must be filed
2017–07; SR–NASDAQ–2017–024; SR–Phlx–2017– information that you wish to make
22; SR–NYSE–2017–10; SR–NYSEArca–2017–19; available publicly. All submissions by brokers or dealers that do not clear
SR–NYSEMKT–2017–11. should refer to File Number SR–BX– transactions or carry customer
19 For purposes only of waiving the operative
2017–016, and should be submitted on
delay for this proposal, the Commission has 1 Rule 17a–5(c) requires a broker or dealer to
considered the proposed rule’s impact on or before April 7, 2017. furnish certain of its financial information to
efficiency, competition, and capital formation. See customers and is subject to a separate PRA filing
15 U.S.C. 78c(f). 20 17 CFR 200.30–3(a)(12). (OMB Control Number 3235–0199).
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![Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices 14259
securities; and Part IIB, which must be SECURITIES AND EXCHANGE Exchange has prepared summaries, set
filed by specialized broker-dealers COMMISSION forth in Sections A, B, and C below, of
registered with the Commission as OTC the most significant parts of such
[Release No. 34–80220; File No. SR–
derivatives dealers; 2 (3) supplemental statements.
BatsBYX–2017–05]
schedules, which must be filed A. Self-Regulatory Organization’s
annually; and (4) a facing page, which Self-Regulatory Organizations; Bats Statement of the Purpose of, and
must be filed with the annual audited BYX Exchange, Inc.; Notice of Filing Statutory Basis for, the Proposed Rule
report of financial statements. Under the and Immediate Effectiveness of a Change
rule, a broker or dealer that computes Proposed Rule Change To Amend
Exchange Rule 11.27 To Modify the 1. Purpose
certain of its capital charges in
accordance with Appendix E to Date of Appendix B Web Site Data Rule 11.27(b) (Compliance with Data
Exchange Act Rule 15c3–1 must file Publication Pursuant to the Regulation Collection Requirements) 5 implements
additional monthly, quarterly, and NMS Plan To Implement a Tick Size the data collection and Web site
annual reports with the Commission. Pilot Program publication requirements of the Plan.6
Rule 11.27(b).08 provides, among other
The Commission estimates that the March 13, 2017. things, that the requirement that the
total hours burden under Rule 17a–5 is Pursuant to Section 19(b)(1) of the Exchange or Designated Examining
approximately 356,020 hours per year Securities Exchange Act of 1934 (the Authority (‘‘DEA’’) make certain data
when annualized, and the total cost ‘‘Act’’),1 and Rule 19b–4 thereunder,2 publicly available on their Web site
burden under Rule 17a–5 is notice is hereby given that on February pursuant to Appendix B and C to the
approximately $45,133,148 per year. 28, 2017, Bats BYX Exchange, Inc. (the Plan shall commence at the beginning of
‘‘Exchange’’ or ‘‘BYX’’) filed with the the Pilot Period,7 and that the Exchange
Written comments are invited on: (a)
Securities and Exchange Commission or DEA shall make data for the Pre-Pilot
Whether the proposed collection of
(‘‘Commission’’) the proposed rule Period publicly available on their Web
information is necessary for the proper change as described in Items I and II
performance of the functions of the site pursuant to Appendix B and C to
below, which Items have been prepared the Plan by February 28, 2017.8
Commission, including whether the by the Exchange. The Exchange has The Exchange is proposing
information shall have practical utility; designated this proposal as a ‘‘non- amendments to Rule 11.27(b).08 to
(b) the accuracy of the Commission’s controversial’’ proposed rule change delay the date by which Pre-Pilot and
estimate of the burden of the proposed pursuant to Section 19(b)(3)(A) of the Pilot Appendix B data is to be made
collection of information; (c) ways to Act 3 and Rule 19b–4(f)(6)(iii) publicly available on the Exchange or
enhance the quality, utility, and clarity thereunder,4 which renders it effective DEA’s Web site from February 28, 2017,
of the information collected; and (d) upon filing with the Commission. The until April 28, 2017.9 Appendix C data
ways to minimize the burden of the Commission is publishing this notice to
collection of information on solicit comments on the proposed rule 5 See Exchange Rule 11.27(b). See also Securities
respondents, including through the use change from interested persons. Exchange Act Release Nos. 77418 (March 22, 2016),
of automated collection techniques or 81 FR 17213 (March 28, 2016); and 78795
I. Self-Regulatory Organization’s (September 9, 2016), 81 FR 63508 (September 15,
other forms of information technology. Statement of the Terms of Substance of 2016).
Consideration will be given to the Proposed Rule Change
6 The Participants filed the Plan to comply with
comments and suggestions submitted in an order issued by the Commission on June 24,
writing within 60 days of this The Exchange filed a proposal to 2014. See Letter from Brendon J. Weiss, Vice
amend Rule 11.27 to modify the date of President, Intercontinental Exchange, Inc., to
publication. Secretary, Commission, dated August 25, 2014
Appendix B Web site data publication (‘‘SRO Tick Size Plan Proposal’’). See Securities
An agency may not conduct or pursuant to the Regulation NMS Plan to Exchange Act Release No. 72460 (June 24, 2014), 79
sponsor, and a person is not required to Implement a Tick Size Pilot Program FR 36840 (June 30, 2014); see also Securities
respond to, a collection of information (‘‘Plan’’). Exchange Act Release No. 74892 (May 6, 2015), 80
under the PRA unless it displays a FR 27513 (May 13, 2015).
The text of the proposed rule change 7 Unless otherwise defined herein, capitalized
currently valid OMB control number. is available at the Exchange’s Web site terms have the meaning ascribed to them in Rule
Please direct your written comments at www.bats.com, at the principal office 11.27.
to: Pamela Dyson, Director/Chief of the Exchange, and at the 8 On November 30, 2016, the SEC granted
Commission’s Public Reference Room. exemptive relief to the Participants, and the
Information Officer, Securities and Exchange filed proposed rule changes to, among
Exchange Commission, c/o Remi Pavlik- II. Self-Regulatory Organization’s other things, delay the publication of Web site data
Simon, 100 F Street NE., Washington, Statement of the Purpose of, and pursuant to Appendices B and C to the Plan until
February 28, 2017, and to delay the ongoing Web
DC 20549, or send an email to PRA_ Statutory Basis for, the Proposed Rule site publication by ninety days such that data
Mailbox@sec.gov. Change would be published within 120 calendar days
following the end of the month. See Letter from
Dated: March 14, 2017. In its filing with the Commission, the David S. Shillman, Associate Director, Division of
Eduardo A. Aleman, Exchange included statements Trading and Markets, Commission, to Marcia E.
Assistant Secretary. concerning the purpose of and basis for Asquith, Senior Vice President and Corporate
the proposed rule change and discussed Secretary, FINRA dated November 30, 2016; see
[FR Doc. 2017–05362 Filed 3–16–17; 8:45 am] also Securities Exchange Act Release No. 79534
asabaliauskas on DSK3SPTVN1PROD with NOTICES
any comments it received on the (December 13, 2016), 81 FR 91965 (December 19,
BILLING CODE 8011–01–P
proposed rule change. The text of these 2016) (Notice of Filing and Immediate Effectiveness
statements may be examined at the of File No. SR–BatsBYX–2016–37).
9 In addition, the Exchange is proposing an
places specified in Item IV below. The
amendment to Rule 11.27(a)(6)(B) to clarify that no
1 15
member, irrespective of whether that member
2 Part IIB of Form X–17A–5 must be filed by OTC U.S.C. 78s(b)(1). operates a trading center, may execute orders in any
derivatives dealers under Exchange Act Rule 17a– 2 17 CFR 240.19b–4. Pilot Security in Test Group Three in price
12 and is subject to a separate PRA filing (OMB 3 15 U.S.C. 78s(b)(3)(A).
increments other than $0.05, unless an exception
control number 3235–0498). 4 17 CFR 240.19b–4(f)(6)(iii). Continued
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Document Created: 2017-03-17 02:49:04
Document Modified: 2017-03-17 02:49:04
| 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 | 82 FR 14258 |
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