82 FR 32905 - Proposed Collection; Comment Request
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 136 (July 18, 2017)
Federal Register Volume 82, Issue 136 (July 18, 2017)
| Page Range | 32905-32906 | |
| FR Document | 2017-14968 |
[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)] [Notices] [Pages 32905-32906] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14968] ----------------------------------------------------------------------- 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 203-2 and Form ADV-W; SEC File No. 270-40, OMB Control No. 3235-0313 Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (``Commission'') is soliciting comments on the collection 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. The title for the collection of information is ``Rule 203-2 (17 CFR 275.203-2) and Form ADV-W (17 CFR 279.2) under the Investment Advisers Act of 1940 (15 U.S.C. 80b).'' Rule 203-2 under the Investment Advisers Act of 1940 establishes procedures for an investment adviser to withdraw its registration or pending registration with the Commission. Rule 203-2 requires every person withdrawing from investment adviser registration with the Commission to file Form ADV-W electronically on the Investment Adviser Registration Depository (``IARD''). The purpose of the information collection is to notify the Commission and the public when an investment adviser withdraws its pending or approved SEC registration. Typically, an investment adviser files a Form ADV-W when it ceases doing business or when it is ineligible to remain registered with the Commission. The respondents to the collection of information are all investment advisers that are registered with the Commission or have applications pending for registration. The Commission has estimated that compliance with the [[Page 32906]] requirement to complete Form ADV-W imposes a total burden of approximately 0.75 hours (45 minutes) for an adviser filing for full withdrawal and approximately 0.25 hours (15 minutes) for an adviser filing for partial withdrawal. Based on historical filings, the Commission estimates that there are approximately 741 respondents annually filing for full withdrawal and approximately 130 respondents annually filing for partial withdrawal. Based on these estimates, the total estimated annual burden would be 588 hours ((741 respondents x .75 hours) + (130 respondents x .25 hours)). Rule 203-2 and Form ADV-W do not require recordkeeping or records retention. The collection of information requirements under the rule and form are mandatory. The information collected pursuant to the rule and Form ADV-W are filings with the Commission. These filings are not 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 control number. Written comments are invited on: (a) Whether the documentation of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of the burden 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]. Dated: July 11, 2017. Jill M. Peterson, Assistant Secretary. [FR Doc. 2017-14968 Filed 7-17-17; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices 32905
rebate opportunities available at other action is: (i) Necessary or appropriate in NASDAQ–2017–065 and should be
venues to be more favorable. In such an the public interest; (ii) for the protection submitted on or before August 8, 2017.
environment, the Exchange must of investors; or (iii) otherwise in For the Commission, by the Division of
carefully consider any increases to its furtherance of the purposes of the Act. Trading and Markets, pursuant to delegated
fees, balancing its desire to remain If the Commission takes such action, the authority.8
competitive with other exchanges and Commission shall institute proceedings Jill M. Peterson,
with alternative trading systems that to determine whether the proposed rule Assistant Secretary.
have been exempted from compliance should be approved or disapproved. [FR Doc. 2017–14986 Filed 7–17–17; 8:45 am]
with the statutory standards applicable
to exchanges, while also considering its IV. Solicitation of Comments BILLING CODE 8011–01–P
need to cover the costs associated with Interested persons are invited to
providing a well-regulated market. submit written data, views, and SECURITIES AND EXCHANGE
Because competitors are free to modify arguments concerning the foregoing, COMMISSION
their own fees in response, and because including whether the proposed rule
members are not compelled to be change is consistent with the Act. Proposed Collection; Comment
members of the Exchange and may trade Comments may be submitted by any of Request
on numerous other exchanges and other the following methods:
alternative trading systems, Nasdaq Upon Written Request, Copies Available
believes that the degree to which fee Electronic Comments From: Securities and Exchange
Commission Office of FOIA Services,
changes in this market may impose any • Use the Commission’s Internet
burden on competition is extremely 100 F Street NE., Washington, DC
comment form (http://www.sec.gov/
limited. 20549–2736
rules/sro.shtml); or
In this instance, the proposed changes • Send an email to rule-comments@ Extension:
to the trading rights fee does [sic] not sec.gov. Please include File Number SR– Rule 203–2 and Form ADV–W; SEC File
impose a burden on competition No. 270–40, OMB Control No. 3235–
NASDAQ–2017–065 on the subject line. 0313
because membership in, and use of, the
Exchange is wholly voluntary and the Paper Comments Notice is hereby given that, pursuant
Exchange is subject to significant • Send paper comments in triplicate to the Paperwork Reduction Act of 1995
competition from other exchanges and to Secretary, Securities and Exchange (44 U.S.C. 3501 et seq.), the Securities
other trading venues. If the proposed fee Commission, 100 F Street NE., and Exchange Commission
increase is unattractive to members, it is Washington, DC 20549–1090. (‘‘Commission’’) is soliciting comments
likely that the Exchange will lose on the collection of information
All submissions should refer to File summarized below. The Commission
membership and market share as a
Number SR–NASDAQ–2017–065. This plans to submit this existing collection
result. Moreover, the Exchange must
file number should be included on the of information to the Office of
increase fees to cover the costs
subject line if email is used. To help the Management and Budget for extension
associated with maintaining and
Commission process and review your and approval.
enhancing its regulatory programs to
comments more efficiently, please use The title for the collection of
ensure that the Exchange remains a
only one method. The Commission will information is ‘‘Rule 203–2 (17 CFR
well-regulated trading venue. Thus, to
post all comments on the Commission’s 275.203–2) and Form ADV–W (17 CFR
the extent that the fee does represent a
Internet Web site (http://www.sec.gov/ 279.2) under the Investment Advisers
burden on competition, such burden is
rules/sro.shtml). Copies of the Act of 1940 (15 U.S.C. 80b).’’ Rule 203–
necessary to further purposes of the Act.
submission, all subsequent 2 under the Investment Advisers Act of
Accordingly, the Exchange does not
amendments, all written statements 1940 establishes procedures for an
believe that the proposed changes will
with respect to the proposed rule investment adviser to withdraw its
impair the ability of members or
change that are filed with the registration or pending registration with
competing order execution venues to
Commission, and all written the Commission. Rule 203–2 requires
maintain their competitive standing in
communications relating to the every person withdrawing from
the financial markets.
proposed rule change between the investment adviser registration with the
C. Self-Regulatory Organization’s Commission and any person, other than Commission to file Form ADV–W
Statement on Comments on the those that may be withheld from the electronically on the Investment
Proposed Rule Change Received From public in accordance with the Adviser Registration Depository
Members, Participants, or Others provisions of 5 U.S.C. 552, will be (‘‘IARD’’). The purpose of the
No written comments were either available for Web site viewing and information collection is to notify the
solicited or received. printing in the Commission’s Public Commission and the public when an
Reference Room, 100 F Street NE., investment adviser withdraws its
III. Date of Effectiveness of the Washington, DC 20549, on official pending or approved SEC registration.
Proposed Rule Change and Timing for business days between the hours of Typically, an investment adviser files a
Commission Action 10:00 a.m. and 3:00 p.m. Copies of the Form ADV–W when it ceases doing
The foregoing rule change has become filing also will be available for business or when it is ineligible to
effective pursuant to Section inspection and copying at the principal remain registered with the Commission.
office of the Exchange. All comments
sradovich on DSK3GMQ082PROD with NOTICES
19(b)(3)(A)(ii) of the Act.7 The respondents to the collection of
At any time within 60 days of the received will be posted without change; information are all investment advisers
filing of the proposed rule change, the the Commission does not edit personal that are registered with the Commission
Commission summarily may identifying information from or have applications pending for
temporarily suspend such rule change if submissions. You should submit only registration. The Commission has
it appears to the Commission that such information that you wish to make estimated that compliance with the
available publicly. All submissions
7 15 U.S.C. 78s(b)(3)(A)(ii). should refer to File Number SR– 8 17 CFR 200.30–3(a)(12).
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![32906 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices
requirement to complete Form ADV–W SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s
imposes a total burden of approximately COMMISSION Statement of the Purpose of, and
0.75 hours (45 minutes) for an adviser Statutory Basis for, the Proposed Rule
filing for full withdrawal and [Release No. 34–81130; File No. SR– Change
approximately 0.25 hours (15 minutes) NYSEMKT–2017–42] 1. Purpose
for an adviser filing for partial
withdrawal. Based on historical filings, Self-Regulatory Organizations; NYSE The Exchange proposes to amend
the Commission estimates that there are MKT LLC; Notice of Filing and Commentary .07 to Rule 904 to extend
approximately 741 respondents Immediate Effectiveness of Proposed the time period of the SPY Pilot
annually filing for full withdrawal and Rule Change To Amend Commentary Program,4 which is currently scheduled
to expire on July 12, 2017, through July
approximately 130 respondents .07 To Rule 904 to Extend the Pilot
12, 2018.
annually filing for partial withdrawal. Program That Eliminated the Position
This filing does not propose any
Based on these estimates, the total Limits for Options on SPDR S&P 500 substantive changes to the SPY Pilot
estimated annual burden would be 588 ETF Program. In proposing to extend the
hours ((741 respondents × .75 hours) + SPY Pilot Program, the Exchange
July 12, 2017.
(130 respondents × .25 hours)). reaffirms its consideration of several
Rule 203–2 and Form ADV–W do not Pursuant to Section 19(b)(1) 1 of the factors that supported the original
require recordkeeping or records Securities Exchange Act of 1934 (the proposal of the SPY Pilot Program,
retention. The collection of information ‘‘Act’’),2 and Rule 19b–4 thereunder,3 including (1) the availability of
requirements under the rule and form notice is hereby given that on July 10, economically equivalent products and
are mandatory. The information 2017, NYSE MKT LLC (the ‘‘Exchange’’ their respective position limits, (2) the
collected pursuant to the rule and Form or ‘‘NYSE MKT’’) filed with the liquidity of the option and the
ADV–W are filings with the Securities and Exchange Commission underlying security, (3) the market
Commission. These filings are not kept (the ‘‘Commission’’) the proposed rule capitalization of the underlying security
confidential. An agency may not change as described in Items I and II and the related index, (4) the reporting
conduct or sponsor, and a person is not below, which Items have been prepared of large positions and requirements
required to respond to, a collection of by the self-regulatory organization. The surrounding margin, and (5) the
Commission is publishing this notice to potential for market on close volatility.
information unless it displays a
solicit comments on the proposed rule In the July 2016 Extension, the
currently valid control number.
change from interested persons. Exchange stated that if it were to
Written comments are invited on: (a) propose an extension, permanent
Whether the documentation of I. Self-Regulatory Organization’s approval or termination of the program,
information is necessary for the proper Statement of the Terms of the Substance the Exchange would submit, along with
performance of the functions of the of the Proposed Rule Change any filing proposing such amendments
agency, including whether the to the program, a report providing an
information will have practical utility; The Exchange proposes to amend analysis of the SPY Pilot Program
(b) the accuracy of the agency’s estimate Commentary .07 to Rule 904 to extend covering the period since the previous
of the burden of the collection of the pilot program that eliminated the extension (the ‘‘Pilot Report’’).
information; (c) ways to enhance the position limits for options on SPDR S&P Accordingly, the Exchange is submitting
quality, utility, and clarity of the 500 ETF (‘‘SPY’’) (‘‘SPY Pilot Program’’). a Pilot Report detailing the Exchange’s
information collected; and (d) ways to The proposed rule change is available experience with the SPY Pilot Program
minimize the burden of the collection of on the Exchange’s Web site at for the period covering twelve (12)
information on respondents, including www.nyse.com, at the principal office of months from June 2016 to May 2017.
through the use of automated collection the Exchange, and at the Commission’s The Pilot Report is attached as Exhibit
techniques or other forms of information Public Reference Room. 3 to this filing [sic]. The Exchange notes
technology. Consideration will be given that it is unaware of any problems
II. Self-Regulatory Organization’s created by the SPY Pilot Program and
to comments and suggestions submitted Statement of the Purpose of, and does not foresee any as a result of the
in writing within 60 days of this Statutory Basis for, the Proposed Rule proposed extension. In extending the
publication. Change SPY Pilot Program, the Exchange states
Please direct your written comments that if it were to propose another
In its filing with the Commission, the
to Pamela Dyson, Director/Chief extension, permanent approval or
self-regulatory organization included
Information Officer, Securities and termination of the program, the
statements concerning the purpose of,
Exchange Commission, C/O Remi Exchange will submit another Pilot
and basis for, the proposed rule change
Pavlik-Simon, 100 F Street NE., Report covering the period since the
and discussed any comments it received previous extension, which will be
Washington, DC 20549; or send an email
on the proposed rule change. The text submitted at least 30 days before the
to: PRA_Mailbox@sec.gov.
of those statements may be examined at end of the proposed extension. If the
Dated: July 11, 2017. the places specified in Item IV below. SPY Pilot Program is not extended or
Jill M. Peterson, The Exchange has prepared summaries,
sradovich on DSK3GMQ082PROD with NOTICES
Assistant Secretary. set forth in sections A, B, and C below, 4 See Securities Exchange Act Release No. 67672
[FR Doc. 2017–14968 Filed 7–17–17; 8:45 am] of the most significant parts of such (August 15, 2012), 77 FR 50750 (August 22, 2012).
The SPY Pilot Program was subsequently extended.
BILLING CODE 8011–01–P statements. See Securities Exchange Release Nos. 70734
(October 22, 2013), 78 FR 64255 (October 28, 2013);
1 15
73847 (December 16, 2014), 79 FR 76426 (December
U.S.C. 78s(b)(1).
22, 2014); 75416 (July 9, 2015), 80 FR 41521 (July
2 15 U.S.C. 78a. 15, 2015); and 78241 (July 7, 2016), 81 FR 45325
3 17 CFR 240.19b–4. (July 13, 2016) (the ‘‘July 2016 Extension’’).
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Document Created: 2018-10-24 11:23:35
Document Modified: 2018-10-24 11:23:35
| 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 32905 |
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