82_FR_17768 82 FR 17699 - Proposed Collection; Comment Request

82 FR 17699 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 69 (April 12, 2017)

Page Range17699-17700
FR Document2017-07300

Federal Register, Volume 82 Issue 69 (Wednesday, April 12, 2017)
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17699-17700]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07300]


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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 
20549-0213

Extension:
    Rule 22d-1, OMB Control No. 3235-0310, SEC File No. 270-275

    Notice is hereby given that, pursuant to the Paperwork Reduction 
Act of 1995 (``Paperwork Reduction Act'') (44 U.S.C. 3501-3520), the 
Securities and Exchange Commission (the ``Commission'') is soliciting 
comments on the collections of information summarized below. The 
Commission plans to submit this existing collection of information to 
the Office of Management and Budget for extension and approval.
    Rule 22d-1 under the Investment Company Act of 1940 (the ``1940 
Act'') (17 CFR 270.22d-1) provides registered investment companies that 
issue redeemable securities (``funds'') an exemption from section 22(d) 
of the 1940 Act (15 U.S.C. 80a-22(d)) to the extent necessary to permit 
scheduled variations in or elimination of the sales load on fund 
securities for particular classes of investors or transactions, 
provided certain conditions are met. The rule imposes an annual burden 
per series of a fund of approximately 15 minutes, so that the total 
annual burden for the approximately 4,509 series of funds that might 
rely on the rule is estimated to be 1127.25 hours.
    The estimate of average burden hours is made solely for the 
purposes of the Paperwork Reduction Act. The estimate is based on 
communications with industry representatives, and is not derived from a 
comprehensive or even a representative survey or study. Responses will 
not be kept confidential. 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 OMB control number.
    Written comments are invited on: (a) Whether the collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information has practical 
utility; (b) the accuracy of the Commission's estimate of the burden(s) 
of the 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.
    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].


[[Page 17700]]


    Dated: April 6, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-07300 Filed 4-11-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices                                           17699

                                                  Office of Management and Budget,                        2016. OSC is requesting emergency                     (‘‘Paperwork Reduction Act’’) (44 U.S.C.
                                                  Attention: Desk Officer for OSC, New                    approval and reinstatement without                    3501–3520), the Securities and
                                                  Executive Office Building, Room 10235,                  change of this previously approved                    Exchange Commission (the
                                                  Washington, DC 20503; or by email via:                  collection of information. As with the                ‘‘Commission’’) is soliciting comments
                                                  oira_submission@omb.eop.gov.                            prior approved survey, this survey will               on the collections of information
                                                  FOR FURTHER INFORMATION CONTACT:                        be hosted by Survey Monkey (https://                  summarized below. The Commission
                                                  Kenneth Hendricks, Clerk of the U.S.                    www.surveymonkey.com).                                plans to submit this existing collection
                                                  Office of Special Counsel, by telephone                    The survey questionnaires are                      of information to the Office of
                                                  at (202) 254–3600, or by email at                       available for review on line at https://              Management and Budget for extension
                                                  khendricks@osc.gov.                                     osc.gov/Resources/                                    and approval.
                                                  SUPPLEMENTARY INFORMATION: Current                      Survey%20Samples%202017.pdf or by                        Rule 22d–1 under the Investment
                                                  and former Federal employees,                           calling OSC at (202) 254–3600.                        Company Act of 1940 (the ‘‘1940 Act’’)
                                                  employee representatives, other Federal                    Type of Information Collection                     (17 CFR 270.22d–1) provides registered
                                                  agencies, state and local government                    Request: Reinstatement without change                 investment companies that issue
                                                  employees, and the general public are                   of a previously approved collection of                redeemable securities (‘‘funds’’) an
                                                  invited to comment on: (a) Whether the                  information that expired on November                  exemption from section 22(d) of the
                                                  proposed collection of information is                   30, 2016.                                             1940 Act (15 U.S.C. 80a–22(d)) to the
                                                  necessary for the proper performance of                    Affected public: Filers (or their
                                                                                                                                                                extent necessary to permit scheduled
                                                  OSC functions, including whether the                    representatives) seeking OSC services
                                                                                                                                                                variations in or elimination of the sales
                                                  information will have practical utility;                through: (1) Complaints alleging
                                                                                                                                                                load on fund securities for particular
                                                  (b) the accuracy of OSC’s estimate of the               prohibited personnel practice or Hatch
                                                                                                                                                                classes of investors or transactions,
                                                  burden of the proposed collections of                   Act violations; or (2) disclosures of
                                                                                                                                                                provided certain conditions are met.
                                                  information; (c) ways to enhance the                    information alleging violation of law,
                                                                                                                                                                The rule imposes an annual burden per
                                                  quality, utility, and clarity of the                    rule, or regulation.
                                                                                                                                                                series of a fund of approximately 15
                                                                                                             Respondent’s Obligation: Voluntary.
                                                  information to be collected; and (d)                                                                          minutes, so that the total annual burden
                                                                                                             Estimated Annual Number of Survey
                                                  ways to minimize the burden of the                                                                            for the approximately 4,509 series of
                                                                                                          Form Respondents: 500.
                                                  collection of information on                               Frequency of Survey form use:                      funds that might rely on the rule is
                                                  respondents, including through the use                  Annual.                                               estimated to be 1127.25 hours.
                                                  of automated collection techniques or                      Estimated Average Amount of Time                      The estimate of average burden hours
                                                  other forms of information technology.                  for a Person to Respond to survey: 12                 is made solely for the purposes of the
                                                     OSC is an independent agency                                                                               Paperwork Reduction Act. The estimate
                                                                                                          minutes.
                                                  responsible for among other things, (1)                    Estimated Annual Survey Burden: 100                is based on communications with
                                                  investigation of allegations of prohibited              hours.                                                industry representatives, and is not
                                                  personnel practices defined by law at 5                    OSC will use the questionnaires to                 derived from a comprehensive or even
                                                  U.S.C. 2302(b), protection of                           survey filers, whose matters OSC closed               a representative survey or study.
                                                  whistleblowers, and certain other illegal               or otherwise resolved during the prior                Responses will not be kept confidential.
                                                  employment practices under titles 5 and                 fiscal year, on their experience at OSC.              An agency may not conduct or sponsor,
                                                  38 of the U.S. Code, affecting current or               Specifically, the survey asks questions               and a person is not required to respond
                                                  former Federal employees or applicants                  relating to whether the respondent was:               to, a collection of information unless it
                                                  for employment, and covered state and                   (1) Apprised of his or her rights; (2)                displays a currently valid OMB control
                                                  local government employees; and (2) the                 successful at the OSC or at the Merit                 number.
                                                  interpretation and enforcement of Hatch                 Systems Protection Board; and (3)
                                                  Act provisions on political activity in                                                                          Written comments are invited on: (a)
                                                                                                          satisfied with the treatment received at              Whether the collection of information is
                                                  chapters 15 and 73 of title 5 of the U.S.               the OSC.
                                                  Code. OSC is required to conduct an                                                                           necessary for the proper performance of
                                                  annual survey of individuals who seek                     Dated: April 6, 2017.                               the functions of the Commission,
                                                  its assistance. Section 13 of Public Law                Bruce Gipe,                                           including whether the information has
                                                  103–424 (1994), codified at 5 U.S.C.                    Chief Operating Officer.                              practical utility; (b) the accuracy of the
                                                  1212 note, states, in part: ‘‘[T]he survey              [FR Doc. 2017–07281 Filed 4–11–17; 8:45 am]           Commission’s estimate of the burden(s)
                                                  shall—(1) determine if the individual                   BILLING CODE 7405–01–P
                                                                                                                                                                of the collection of information; (c) ways
                                                  seeking assistance was fully apprised of                                                                      to enhance the quality, utility, and
                                                  their rights; (2) determine whether the                                                                       clarity of the information collected; and
                                                  individual was successful either at the                                                                       (d) ways to minimize the burden of the
                                                                                                          SECURITIES AND EXCHANGE
                                                  Office of Special Counsel or the Merit                                                                        collection of information on
                                                                                                          COMMISSION
                                                  Systems Protection Board; and (3)                                                                             respondents, including through the use
                                                  determine if the individual, whether                    Proposed Collection; Comment                          of automated collection techniques or
                                                  successful or not, was satisfied with the               Request                                               other forms of information technology.
                                                  treatment received from the Office of                                                                         Consideration will be given to
                                                                                                          Upon Written Request, Copies Available                comments and suggestions submitted in
                                                  Special Counsel.’’ The same section also
                                                                                                           From: Securities and Exchange                        writing within 60 days of this
                                                  requires OSC to publish the survey’s
                                                                                                           Commission, Office of FOIA Services,                 publication.
                                                  results in OSC’s annual report to
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                                                                                                           100 F Street NE., Washington, DC
                                                  Congress. Copies of prior years’ annual                                                                          Please direct your written comments
                                                                                                           20549–0213
                                                  reports are available on OSC’s Web site,                                                                      to Pamela Dyson, Director/Chief
                                                  at https://osc.gov/Pages/Resources-                     Extension:                                            Information Officer, Securities and
                                                  ReportsAndInfo.aspx or by calling OSC                     Rule 22d–1, OMB Control No. 3235–0310,              Exchange Commission, C/O Remi
                                                  at (202) 254–3600. The prior OSC                            SEC File No. 270–275                              Pavlik-Simon, 100 F Street NE.,
                                                  Annual Survey, OMB Control Number                         Notice is hereby given that, pursuant               Washington, DC 20549; or send an email
                                                  3255–0003, expired on November 30,                      to the Paperwork Reduction Act of 1995                to: PRA_Mailbox@sec.gov.


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                                                  17700                           Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices

                                                    Dated: April 6, 2017.                                    A. Self-Regulatory Organization’s                     in the Opening Process will serve as a
                                                  Eduardo A. Aleman,                                         Statement of the Purpose of, and                      catalyst for Members 11 to submit orders
                                                  Assistant Secretary.                                       Statutory Basis for, the Proposed Rule                during the opening and improve the
                                                  [FR Doc. 2017–07300 Filed 4–11–17; 8:45 am]                Change                                                liquidity available during the
                                                                                                                                                                   Exchange’s Opening Process which may
                                                  BILLING CODE 8011–01–P                                     1. Purpose
                                                                                                                                                                   also improve prices at the opening.
                                                                                                                The Exchange proposes to amend                        The Exchange has two classes of
                                                  SECURITIES AND EXCHANGE                                    Exchange Rule 516, Order Types, to                    Members, Market Makers 12 and
                                                  COMMISSION                                                 make changes to paragraph (j) related to              Electronic Exchange Members.13 Market
                                                                                                             Post-Only Order 3 handling on the                     Makers are the primary users of Post-
                                                                                                             Exchange to simplify order entry and                  Only Orders on the Exchange as
                                                  [Release No. 34–80384; File No. SR–                        enhance liquidity available at the open.              discussed in more detail below.
                                                  PEARL–2017–16]                                             Additionally, the Exchange proposes to                Currently, in order to provide liquidity
                                                                                                             amend Exchange Rule 504, Trading                      during the Opening Process, Market
                                                  Self-Regulatory Organizations: MIAX
                                                                                                             Halts, to remove Interpretations and                  Makers must use regular orders, as
                                                  PEARL, LLC; Notice of Filing and
                                                                                                             Policies .05.                                         orders marked Post-Only will be
                                                  Immediate Effectiveness of a Proposed
                                                                                                                Currently, by definition, Post-Only                rejected. After the Opening Process has
                                                  Rule Change To Amend MIAX PEARL
                                                                                                             Orders on MIAX PEARL do not                           concluded, Market Makers switch over
                                                  Rules 504 and 516                                                                                                to marking orders as Post-Only Orders.
                                                                                                             participate in the Opening Process,4 and
                                                  April 6, 2017.                                             Post-Only Orders received before the                  Market Makers use Post-Only Orders to
                                                                                                             Opening Process, during a trading halt,               provide two-sided quotes to meet their
                                                     Pursuant to the provisions of Section                   or after the market close, are rejected.5             quoting obligations as described in more
                                                  19(b)(1) of the Securities Exchange Act                                                                          detail below. The Exchange believes
                                                                                                             Additionally, Post-Only Orders that
                                                  of 1934 (‘‘Act’’) 1 and Rule 19b–4                                                                               that its proposal to accept Post-Only
                                                                                                             remain on the Book 6 after a trading halt
                                                  thereunder,2 notice is hereby given that                                                                         Orders before the Opening Process will
                                                                                                             under Rule 504 are cancelled.7 Post-
                                                  on April 3, 2017, MIAX PEARL, LLC                                                                                simplify the operation of the Exchange
                                                                                                             Only Orders are designed to be liquidity
                                                  (‘‘MIAX PEARL’’ or ‘‘Exchange’’) filed                                                                           and reduce complexity for Members that
                                                                                                             providing orders, as a Post-Only Order
                                                  with the Securities and Exchange                                                                                 submit orders during the Opening
                                                                                                             by definition is one that will not remove
                                                  Commission (‘‘Commission’’) a                                                                                    Process and that switch to submitting
                                                                                                             liquidity from the Book.8
                                                  proposed rule change’’) a proposed rule                       The Exchange now proposes to amend                 Post-Only Orders during regular trading.
                                                  change as described in Items I, II, and                    certain aspects of its handling of Post-              Permitting Post-Only Orders to
                                                  III below, which Items have been                           Only Orders to allow them to participate              participate in the Opening will simplify
                                                  prepared by the Exchange. The                              in the Opening Process and to also                    the operational complexity for Market
                                                  Commission is publishing this notice to                    allow Post-Only Orders to be received                 Makers that wish to provide liquidity
                                                  solicit comments on the proposed rule                      by the Exchange prior to the                          during the Opening Process and thereby
                                                  change from interested persons.                            commencement of the Opening Process                   improve prices at the open.14
                                                  I. Self-Regulatory Organization’s                          or during a trading halt, and to remain                  Market Makers have a heightened
                                                  Statement of the Terms of Substance of                     on the Book after a trading halt, where               obligation on the Exchange to maintain
                                                  the Proposed Rule Change                                   they may participate in the next                      a two-sided market, pursuant to Rule
                                                                                                             Opening Process.9                                     605(d)(1), in those option series in
                                                     The Exchange is filing a proposal to                       The Exchange proposes to amend                     which the Market Maker has registered
                                                  amend Exchange Rules 504 and 516.                          Exchange Rule 516 (j) to allow Post-                  to trade.15 Exchange Rule 605, Market
                                                                                                             Only Orders to participate in the                     Maker Quotations, details various
                                                     The text of the proposed rule change
                                                                                                             Opening Process by ignoring the Post-                 requirements associated with a Market
                                                  is available on the Exchange’s Web site
                                                  at http://www.miaxoptions.com/rule-                        Only instruction on the order during
                                                                                                                                                                      11 The term ‘‘Member’’ means an individual or
                                                  filings/pearl at MIAX PEARL’s principal                    this period. This will allow Post-Only                organization that is registered with the Exchange
                                                  office, and at the Commission’s Public                     Orders to participate in the Opening                  pursuant to Chapter II of the MIAX PEARL Rules
                                                  Reference Room.                                            Process by removing the prior                         for purposes of trading on the Exchange as an
                                                                                                             restriction that a Post-Only Order not                ‘‘Electronic Exchange Member’’ or ‘‘Market Maker.’’
                                                  II. Self-Regulatory Organization’s                         remove liquidity from the Book. As                    Members are deemed ‘‘members’’ under the
                                                  Statement of the Purpose of, and                                                                                 Exchange Act. See Exchange Rule 100.
                                                                                                             proposed, during the Opening Process,                    12 The term ‘‘Market Maker’’ or ‘‘MM’’ means a
                                                  Statutory Basis for, the Proposed Rule                     Post-Only Orders will be accepted and                 Member registered with the Exchange for the
                                                  Change                                                     provide additional liquidity as orders                purpose of making markets in options contracts
                                                                                                             are matched for execution based on                    traded on the Exchange and that is vested with the
                                                    In its filing with the Commission, the                                                                         rights and responsibilities specified in Chapter VI
                                                  Exchange included statements                               price-time priority.10 The Exchange                   of MIAX PEARL Rules. See Exchange Rule 100.
                                                  concerning the purpose of and basis for                    believes that removing the prohibition                   13 The term ‘‘Electronic Exchange Member’’ or


                                                  the proposed rule change and discussed                     against Post-Only Orders participating                ‘‘EEM’’ means the holder of a Trading Permit who
                                                                                                                                                                   is a Member representing as agent Public Customer
                                                  any comments it received on the                              3 See                                               Orders or Non-Customer Orders on the Exchange
                                                                                                                     Exchange Rule 516(j).
                                                  proposed rule change. The text of these                      4 See Exchange Rule 503(a)(2) and Rule 516(j).
                                                                                                                                                                   and those non-Market Maker Members conducting
                                                  statements may be examined at the                            5 See Exchange Rule 516(j).
                                                                                                                                                                   proprietary trading. Electronic Exchange Members
                                                                                                                                                                   are deemed ‘‘members’’ under the Exchange Act.
                                                  places specified in Item IV below. The
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                                                                                                               6 The term ‘‘Book’’ means the electronic order
                                                                                                                                                                   See Exchange Rule 100.
                                                  Exchange has prepared summaries, set                       book of buy and sell orders and quotes maintained        14 The Exchange notes that the proposal may
                                                  forth in sections A, B, and C below, of                    by the System. See Exchange Rule 100.                 primarily benefit Market Makers as they are the
                                                                                                               7 See Exchange Rule 504.05.
                                                  the most significant aspects of such                         8 See Exchange Rule 516(j).
                                                                                                                                                                   largest users of Post-Only Orders. However, Post-
                                                  statements.                                                                                                      Only Orders are available for all Members and the
                                                                                                               9 The Exchange notes that a single Opening          Exchange does not believe that the proposal raises
                                                                                                             Process is used for Openings and Re-Openings on       any concerns for EEMs as the change will benefit
                                                    1 15   U.S.C. 78s(b)(1).                                 the Exchange. See Exchange Rule 503(a)(1).            any Member that uses Post-Only Orders.
                                                    2 17   CFR 240.19b–4.                                      10 See Exchange Rule 503(b)(2)(ii).                    15 See Exchange Rule 604(a)(1).




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Document Created: 2017-04-12 00:23:29
Document Modified: 2017-04-12 00:23:29
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 Citation82 FR 17699 

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