82 FR 22021 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 90 (May 11, 2017)

[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Notices]
[Pages 22021-22022]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09585]


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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 611, SEC File No. 270-540, OMB Control No. 3235-0600.

    Notice is hereby given that pursuant to the Paperwork Reduction Act 
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (``Commission'') is soliciting comments on the existing 
collection of information provided for in Rule 611 (17 CFR 242.611). 
The Commission plans to submit this existing collection of information 
to the Office of Management and Budget (``OMB'') for extension and 
approval.

 Rule 611 (17 CFR 242.611)--Order Protection Rule

    On June 9, 2005, effective August 29, 2005 (see 70 FR 37496, June 
29, 2005), the Commission adopted Rule 611 of Regulation NMS under the 
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) to require any 
national securities exchange, national securities association, 
alternative trading system, exchange market maker, over-the-counter 
market maker, and any other broker-dealer that executes orders 
internally by trading as principal or crossing orders as agent, to 
establish, maintain, and enforce written policies and procedures 
reasonably designed to prevent the execution of a transaction in its 
market at a price that is inferior to a bid or offer displayed in 
another market at the time of execution (a ``trade-though''), absent an 
applicable exception and, if relying on an exception, that are 
reasonably designed to assure compliance with the terms of the 
exception. Without this collection of information, respondents would 
not have a means to enforce compliance with the Commission's intention 
to prevent trade-throughs pursuant to the rule.
    There are approximately 304 respondents \1\ per year that will 
require an aggregate total of 18,240 hours to comply with this rule. It 
is anticipated that each respondent will continue to expend 
approximately 60 hours annually: Two hours per month of internal legal 
time and three hours per month of internal compliance time to ensure 
that its written policies and procedures are up-to-date and remain in

[[Page 22022]]

compliance with Rule 611. The estimated cost for an in-house attorney 
is $396 per hour and the estimated cost for an assistant compliance 
director in the securities industry is $349 per hour. Therefore the 
estimated total cost of compliance for the annual hour burden is as 
follows: [(2 legal hours x 12 months x $396) x 304] + [(3 compliance 
hours x 12 months x $349) x 304] = $6,708,672.\2\
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    \1\ This estimate includes twelve national securities exchanges 
and one national securities association that trade NMS stocks. The 
estimate also includes the approximately 255 firms that were 
registered equity market makers or specialists at year-end 2015, as 
well as 36 alternative trading systems that operate trading systems 
that trade NMS stocks.
    \2\ The total cost of compliance for the annual hour burden has 
been revised to reflect updated estimated cost figures for an in-
house attorney and an assistant compliance director. These figures 
are from SIFMA's Management & Professional Earnings in the 
Securities Industry 2017, modified by Commission staff to account 
for an 1800-hour work-year and multiplied by 5.35 to account for 
bonuses, firm size, employee benefits, and overhead.
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    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 to 
be 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: 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: [email protected].

    Dated: May 8, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09585 Filed 5-10-17; 8:45 am]
BILLING CODE 8011-01-P