82_FR_22111 82 FR 22021 - Proposed Collection; Comment Request

82 FR 22021 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

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

Page Range22021-22022
FR Document2017-09585

Federal Register, Volume 82 Issue 90 (Thursday, 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.
---------------------------------------------------------------------------

    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



                                                                                   Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices                                                   22021

                                                      Meeting materials and minutes will                    Regulatory Commission to add a                          Commission, Office of FOIA Services,
                                                    also be available on the EHR Advisory                   domestic shipping services contract to                  100 F Street NE., Washington, DC
                                                    Committee Web site at https://                          the list of Negotiated Service                          20549–0213.
                                                    www.nsf.gov/ehr/advisory.jsp.                           Agreements in the Mail Classification                 Extension:
                                                    TYPE OF MEETING: Open.                                  Schedule’s Competitive Products List.                   Rule 611, SEC File No. 270–540, OMB
                                                    CONTACT PERSON: Keaven M. Stevenson,                    DATES: Effective date: May 11, 2017.                      Control No. 3235–0600.
                                                    National Science Foundation, 4201                       FOR FURTHER INFORMATION CONTACT:                         Notice is hereby given that pursuant
                                                    Wilson Boulevard, Room 805,                             Elizabeth A. Reed, 202–268–3179.                      to the Paperwork Reduction Act of 1995
                                                    Arlington, VA 22230; (703) 292–8600;                    SUPPLEMENTARY INFORMATION: The                        (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
                                                    kstevens@nsf.gov.                                       United States Postal Service® hereby                  Securities and Exchange Commission
                                                    SUMMARY OF MINUTES: May be obtained                     gives notice that, pursuant to 39 U.S.C.              (‘‘Commission’’) is soliciting comments
                                                    from Dr. Susan E. Brennan, National                     3642 and 3632(b)(3), on May 4, 2017, it               on the existing collection of information
                                                    Science Foundation, 4201 Wilson                         filed with the Postal Regulatory                      provided for in Rule 611 (17 CFR
                                                    Boulevard, Room 855, Arlington, VA                      Commission a Request of the United                    242.611). The Commission plans to
                                                    22230; (703) 292–5096; SBrennan@                        States Postal Service to Add Priority                 submit this existing collection of
                                                    nsf.gov.                                                Mail Contract 315 to Competitive                      information to the Office of
                                                    PURPOSE OF MEETING: To provide advice                   Product List. Documents are available at              Management and Budget (‘‘OMB’’) for
                                                    with respect to the Foundation’s                        www.prc.gov, Docket Nos. MC2017–127,                  extension and approval.
                                                    science, technology, engineering, and                   CP2017–180.                                           • Rule 611 (17 CFR 242.611)—Order
                                                    mathematics (STEM) education and                        Stanley F. Mires,                                        Protection Rule
                                                    human resources programming.                            Attorney, Federal Compliance.                            On June 9, 2005, effective August 29,
                                                    AGENDA: Agenda Topics.                                  [FR Doc. 2017–09548 Filed 5–10–17; 8:45 am]           2005 (see 70 FR 37496, June 29, 2005),
                                                                                                            BILLING CODE 7710–12–P                                the Commission adopted Rule 611 of
                                                    Monday, June 12, 2017; 8:00 a.m.–5:00
                                                                                                                                                                  Regulation NMS under the Securities
                                                    p.m.
                                                                                                                                                                  Exchange Act of 1934 (15 U.S.C. 78a et
                                                    • Remarks by the Committee Chair and                    POSTAL SERVICE                                        seq.) to require any national securities
                                                      NSF Assistant Director for Education                                                                        exchange, national securities
                                                      and Human Resources (EHR)                             Product Change—Priority Mail                          association, alternative trading system,
                                                    • EHR Investments in the STEM                           Negotiated Service Agreement                          exchange market maker, over-the-
                                                      Workforce                                                                                                   counter market maker, and any other
                                                                                                            AGENCY:   Postal ServiceTM.
                                                    • Lifelong Learning for a Skilled                                                                             broker-dealer that executes orders
                                                      Technical Workforce                                   ACTION:   Notice.
                                                                                                                                                                  internally by trading as principal or
                                                    • The Many Faces of the STEM                            SUMMARY:    The Postal Service gives                  crossing orders as agent, to establish,
                                                      Workforce: Broadening Participation                   notice of filing a request with the Postal            maintain, and enforce written policies
                                                    • Increasing Public Ownership of                        Regulatory Commission to add a                        and procedures reasonably designed to
                                                      Scientific Research                                   domestic shipping services contract to                prevent the execution of a transaction in
                                                    • Views from NSF’s Research                             the list of Negotiated Service                        its market at a price that is inferior to
                                                      Directorates                                          Agreements in the Mail Classification                 a bid or offer displayed in another
                                                    • Discussion with NSF Director France                   Schedule’s Competitive Products List.                 market at the time of execution (a
                                                      Córdova                                                                                                    ‘‘trade-though’’), absent an applicable
                                                                                                            DATES: Effective date: May 11, 2017.
                                                    Tuesday June 13, 2017; 8:00 a.m.–3:00                   FOR FURTHER INFORMATION CONTACT:                      exception and, if relying on an
                                                    p.m.                                                    Elizabeth A. Reed, 202–268–3179.                      exception, that are reasonably designed
                                                                                                                                                                  to assure compliance with the terms of
                                                    • Recommendations to EHR                                SUPPLEMENTARY INFORMATION: The
                                                                                                                                                                  the exception. Without this collection of
                                                    • Committee of Visitor Reports                          United States Postal Service® hereby
                                                    • Update on NSF INCLUDES                                gives notice that, pursuant to 39 U.S.C.              information, respondents would not
                                                    • Open Licensing: Status Report and                     3642 and 3632(b)(3), on May 4, 2017, it               have a means to enforce compliance
                                                      Discussion                                            filed with the Postal Regulatory                      with the Commission’s intention to
                                                    • Adjournment                                           Commission a Request of the United                    prevent trade-throughs pursuant to the
                                                                                                            States Postal Service to Add Priority                 rule.
                                                      Final agenda will be located at                                                                                There are approximately 304
                                                    https://www.nsf.gov/ehr/advisory.jsp.                   Mail Contract 316 to Competitive
                                                                                                            Product List. Documents are available at              respondents 1 per year that will require
                                                      Dated: May 8, 2017.                                                                                         an aggregate total of 18,240 hours to
                                                                                                            www.prc.gov, Docket Nos. MC2017–128,
                                                    Crystal Robinson,
                                                                                                            CP2017–181.                                           comply with this rule. It is anticipated
                                                    Committee Management Officer.                                                                                 that each respondent will continue to
                                                    [FR Doc. 2017–09565 Filed 5–10–17; 8:45 am]             Stanley F. Mires,                                     expend approximately 60 hours
                                                    BILLING CODE 7555–01–P                                  Attorney, Federal Compliance.                         annually: Two hours per month of
                                                                                                            [FR Doc. 2017–09547 Filed 5–10–17; 8:45 am]           internal legal time and three hours per
                                                                                                            BILLING CODE 7710–12–P                                month of internal compliance time to
                                                    POSTAL SERVICE                                                                                                ensure that its written policies and
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  procedures are up-to-date and remain in
                                                    Product Change—Priority Mail                            SECURITIES AND EXCHANGE
                                                                                                                                                                    1 This estimate includes twelve national
                                                    Negotiated Service Agreement                            COMMISSION
                                                                                                                                                                  securities exchanges and one national securities
                                                    AGENCY: Postal ServiceTM.                                                                                     association that trade NMS stocks. The estimate
                                                                                                            Proposed Collection; Comment                          also includes the approximately 255 firms that were
                                                    ACTION: Notice.                                         Request                                               registered equity market makers or specialists at
                                                                                                                                                                  year-end 2015, as well as 36 alternative trading
                                                    SUMMARY:   The Postal Service gives                     Upon Written Request, Copies Available                systems that operate trading systems that trade
                                                    notice of filing a request with the Postal               From: Securities and Exchange                        NMS stocks.



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                                                    22022                          Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices

                                                    compliance with Rule 611. The                           SECURITIES AND EXCHANGE                                A. Self-Regulatory Organization’s
                                                    estimated cost for an in-house attorney                 COMMISSION                                             Statement of the Purpose of, and
                                                    is $396 per hour and the estimated cost                                                                        Statutory Basis for, the Proposed Rule
                                                    for an assistant compliance director in                 [Release No. 34–80613; File No. SR–ISE–                Change
                                                    the securities industry is $349 per hour.               2017–37]                                               1. Purpose
                                                    Therefore the estimated total cost of
                                                                                                                                                                      Today, ISE permits Market Makers to
                                                    compliance for the annual hour burden                   Self-Regulatory Organizations; Nasdaq
                                                                                                                                                                   enter quotes on certain symbols for
                                                    is as follows: [(2 legal hours × 12 months              ISE, LLC; Notice of Filing and
                                                                                                                                                                   complex strategies on the complex order
                                                    × $396) × 304] + [(3 compliance hours                   Immediate Effectiveness of Proposed                    book in their appointed options classes.
                                                    × 12 months × $349) × 304] =                            Rule Change Relating to Complex                        Market Maker quotes for complex
                                                    $6,708,672.2                                            Order Quoting                                          strategies are not automatically executed
                                                       Written comments are invited on: (a)                 May 5, 2017.                                           against bids and offers on the Exchange
                                                    Whether the proposed collection of                                                                             for the individual legs nor can they be
                                                    information is necessary for the proper                    Pursuant to Section 19(b)(1) of the                 marked for price improvement.3 Market
                                                    performance of the functions of the                     Securities Exchange Act of 1934                        Makers are not required to enter quotes
                                                    Commission, including whether the                       (‘‘Act’’),1 and Rule 19b–4 thereunder,2                on the Exchange’s complex order book.
                                                    information shall have practical utility;               notice is hereby given that on April 26,               Quotes for complex orders are not
                                                    (b) the accuracy of the Commission’s                    2017, Nasdaq ISE, LLC (‘‘ISE’’ or                      subject to any quotation requirements
                                                    estimates of the burden of the proposed                 ‘‘Exchange’’) filed with the Securities                that are applicable to Market Maker
                                                    collection of information; (c) ways to                  and Exchange Commission (‘‘SEC’’ or                    quotes in the regular market for
                                                                                                            ‘‘Commission’’) the proposed rule                      individual options series or classes, nor
                                                    enhance the quality, utility, and clarity
                                                                                                            change as described in Items I and II,                 is any volume executed in complex
                                                    of the information to be collected; and
                                                                                                            below, which Items have been prepared                  orders taken into consideration when
                                                    (d) ways to minimize the burden of the                                                                         determining whether Market Markers
                                                    collection of information on                            by the Exchange. The Commission is
                                                                                                            publishing this notice to solicit                      are meeting quotation obligations
                                                    respondents, including through the use                                                                         applicable to market maker quotes in
                                                    of automated collection techniques or                   comments on the proposed rule change
                                                                                                                                                                   the regular market for individual
                                                    other forms of information technology.                  from interested persons.
                                                                                                                                                                   options series.
                                                    Consideration will be given to                          I. Self-Regulatory Organization’s                         The Exchange proposes to designate
                                                    comments and suggestions submitted in                   Statement of the Terms of Substance of                 that a symbol will not be eligible for
                                                    writing within 60 days of this                          the Proposed Rule Change                               Market Maker quotes in the complex
                                                    publication.                                                                                                   order book after the symbol migrates to
                                                       An agency may not conduct or                            The Exchange proposes to designate                  the INET platform. Specifically, the
                                                    sponsor, and a person is not required to                that a symbol will not be eligible for                 Exchange filed a proposal to begin the
                                                    respond to, a collection of information                 Market Maker quotes in the complex                     system migration to Nasdaq INET in Q2
                                                                                                            order book after the symbol migrates to                of 2017.4 The migration to INET will be
                                                    under the PRA unless it displays a
                                                                                                            Nasdaq INET technology. In addition,                   on a symbol by symbol basis as
                                                    currently valid OMB control number.
                                                                                                            that symbol will trade in price/time                   specified by the Exchange in a notice to
                                                       Please direct your written comments                  priority.                                              Members.5 The Exchange is proposing
                                                    to: Thomas Bayer, Director/Chief                                                                               to implement this rule change on the
                                                    Information Officer, Securities and                        The text of the proposed rule change
                                                                                                                                                                   INET platform as the symbols migrate to
                                                    Exchange Commission, c/o Remi Pavlik-                   is available on the Exchange’s Web site                that platform. Once a symbol moves to
                                                    Simon, 100 F Street NE., Washington,                    at www.ise.com, at the principal office                INET no complex quoting 6 will be
                                                    DC 20549, or send an email to: PRA_                     of the Exchange, and at the                            available for that symbol and the symbol
                                                    Mailbox@sec.gov.                                        Commission’s Public Reference Room.                    will be allocated in price/time priority.
                                                                                                            II. Self-Regulatory Organization’s                        INET is the proprietary core
                                                      Dated: May 8, 2017.
                                                                                                            Statement of the Purpose of, and                       technology utilized across Nasdaq’s
                                                    Eduardo A. Aleman,                                                                                             global markets and utilized on The
                                                                                                            Statutory Basis for, the Proposed Rule
                                                    Assistant Secretary.                                                                                           NASDAQ Options Market LLC
                                                                                                            Change
                                                    [FR Doc. 2017–09585 Filed 5–10–17; 8:45 am]                                                                    (‘‘NOM’’), NASDAQ PHLX LLC (‘‘Phlx’’)
                                                    BILLING CODE 8011–01–P                                    In its filing with the Commission, the               and NASDAQ BX, Inc. (‘‘BX’’)
                                                                                                            Exchange included statements                           (collectively, ‘‘Nasdaq Exchanges’’). The
                                                                                                            concerning the purpose of and basis for                migration of ISE to the Nasdaq INET
                                                                                                            the proposed rule change and discussed                 architecture would result in higher
                                                                                                            any comments it received on the                        performance, scalability, and more
                                                                                                            proposed rule change. The text of these                robust architecture. With this system
                                                                                                            statements may be examined at the                        3 See Supplementary Material .03 to Rule 722.
                                                                                                            places specified in Item IV below. The                   4 See Securities Exchange Act Release No. 80432
                                                                                                            Exchange has prepared summaries, set                   (April 11, 2017), 82 FR 18191 (April 17, 2017) (SR–
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                                                       2 The total cost of compliance for the annual hour   forth in sections A, B, and C below, of                ISE–2017–03) (Order Approving Proposed Rule
                                                                                                                                                                   Change, as Modified by Amendment No. 1, to
                                                    burden has been revised to reflect updated              the most significant aspects of such                   Amend Various Rules in Connection with a System
                                                    estimated cost figures for an in-house attorney and     statements.                                            Migration to Nasdaq INET Technology).
                                                    an assistant compliance director. These figures are                                                              5 The Exchange will issue an Options Trader
                                                    from SIFMA’s Management & Professional Earnings                                                                Alert prior to the migration and will specify the
                                                    in the Securities Industry 2017, modified by                                                                   dates that symbols will migrate to the INET
                                                    Commission staff to account for an 1800-hour work-                                                             platform.
                                                                                                             1 15   U.S.C. 78s(b)(1).
                                                    year and multiplied by 5.35 to account for bonuses,                                                              6 The Exchange notes that Phlx does not offer

                                                    firm size, employee benefits, and overhead.              2 17   CFR 240.19b–4.                                 complex order quoting functionality.



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Document Created: 2017-05-11 00:14:44
Document Modified: 2017-05-11 00:14:44
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 22021 

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