82_FR_43232 82 FR 43056 - Submission for OMB Review; Comment Request

82 FR 43056 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 176 (September 13, 2017)

Page Range43056-43057
FR Document2017-19360

Federal Register, Volume 82 Issue 176 (Wednesday, September 13, 2017)
[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Notices]
[Pages 43056-43057]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19360]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION


Submission for OMB Review; 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 10b-17, SEC File No. 270-427, OMB Control No. 3235-
0476.

    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'') has submitted to the Office of Management 
and Budget (``OMB'') a request for approval of extension of the 
previously approved collection of information provided for in Rule 10b-
17 (17 CFR 240.10b-17), under the Securities Exchange Act of 1934 (15 
U.S.C 78a et seq.).
    Rule 10b-17 requires any issuer of a class of securities publicly 
traded by the use of any means or instrumentality of interstate 
commerce or of the mails or of any facility of any national securities 
exchange to give notice of the following specific distributions 
relating to such class of securities: (1) A dividend or other 
distribution in cash or in kind other than interest payments on debt 
securities; (2) a stock split or reverse stock split; or (3) a rights 
or other subscription offering. Notice shall be either given to the 
Financial Industry Regulatory Authority, Inc. as successor to the 
National Association of Securities Dealers, Inc. or in accordance with 
the procedures of the national securities exchange upon which the 
securities are registered. The Commission may exempt an issuer of over-
the-counter (but not listed) securities from the notice requirement. 
The requirements of 10b-17 do not apply to redeemable securities of 
registered open-end investment companies or unit investment trusts.
    The information required by Rule 10b-17 is necessary for the 
execution of the Commission's mandate under the Securities Exchange Act 
of 1934 to prevent fraudulent, manipulative, and deceptive acts and 
practices. The Commission has found that not requiring formal notices 
of the types of distributions covered by Rule 10b-17 has led to a 
number of abuses including purchasers not being aware of their rights 
to such distributions. It is only through formal notice of the 
distribution, including the date of the distribution, that current 
holders, potential buyers, or potential sellers of the securities at 
issue will know their rights to the distribution. Therefore, it is only 
through formal notice that investors can make an informed decision as 
to whether to buy or sell a security.
    There are approximately 12,127 respondents per year. These 
respondents make approximately 27,144 responses per year. Each response 
takes approximately 10 minutes to complete. Thus, the total compliance 
burden per year is 4,524 burden hours. The total internal labor cost of 
compliance for the respondents, associated with producing and filing 
the reports, is approximately $317,991.96.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information

[[Page 43057]]

under the PRA unless it displays a currently valid OMB control number.
    The public may view background documentation for this information 
collection at the following Web site: http://www.reginfo.gov. Comments 
should be directed to: (i) Desk Officer for the Securities and Exchange 
Commission, Office of Information and Regulatory Affairs, Office of 
Management and Budget, Room 10102, New Executive Office Building, 
Washington, DC 20503, or by sending an email to: 
[email protected]; and (ii) Pamela Dyson, Director/Chief 
Information Officer, Securities and Exchange Commission, c/o Remi 
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or by sending an 
email to: [email protected]. Comments must be submitted to OMB within 
30 days of this notice.

    Dated: September 7, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-19360 Filed 9-12-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                43056                      Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Notices

                                                expanded FIS Charge is designed to                         family-issued securities of non-Watch                       (‘‘OMB’’) a request for approval of
                                                help NSCC collect sufficient financial                     List Members at a rate of no less than                      extension of the previously approved
                                                resources to help cover the specific risk                  40 percent, and to equities that are                        collection of information provided for in
                                                exposure, with a high degree of                            family-issued securities of non-Watch                       Rule 10b–17 (17 CFR 240.10b–17),
                                                confidence, which is presented by all                      List Members at a rate of no less than                      under the Securities Exchange Act of
                                                Members seeking to clear and settle                        50 percent. Although NSCC proposes to                       1934 (15 U.S.C 78a et seq.).
                                                transactions in family-issued securities.                  apply a lesser percentage rate to non-                         Rule 10b–17 requires any issuer of a
                                                Therefore, the Commission believes that                    Watch List Members than some Watch                          class of securities publicly traded by the
                                                the proposal to expand the FIS Charge                      List Members, the proposed rate is                          use of any means or instrumentality of
                                                to all Members is consistent with Rule                     designed to more accurately reflect the                     interstate commerce or of the mails or
                                                17Ad–22(e)(4)(i) under the Exchange                        risks posed than what is reflected in a                     of any facility of any national securities
                                                Act.24                                                     VaR Charge.                                                 exchange to give notice of the following
                                                                                                              Because the expanded FIS Charge also                     specific distributions relating to such
                                                C. Consistency With Rule 17Ad–                                                                                         class of securities: (1) A dividend or
                                                22(e)(6)(i) and (v)                                        would be a tailored component of the
                                                                                                           margin that NSCC collects from non-                         other distribution in cash or in kind
                                                   The Commission believes that the                        Watch List Members to help cover                            other than interest payments on debt
                                                changes proposed in the Advance                            NSCC credit exposure to such Members,                       securities; (2) a stock split or reverse
                                                Notice are consistent with Rule 17Ad–                      as the charge would be based on                             stock split; or (3) a rights or other
                                                22(e)(6)(i) and (v) under the Exchange                     different product risk factors with                         subscription offering. Notice shall be
                                                Act, which require, in part, that NSCC                     respect to equity and fixed-income                          either given to the Financial Industry
                                                establish, implement, maintain and                         securities, as described above, the                         Regulatory Authority, Inc. as successor
                                                enforce written policies and procedures                    Commission believes that the proposed                       to the National Association of Securities
                                                reasonably designed to cover its credit                    changes in the Advance Notice are                           Dealers, Inc. or in accordance with the
                                                exposures to its participants by                           consistent with Rule 17Ad–22(e)(6)(i)                       procedures of the national securities
                                                establishing a risk-based margin system                    and (v) under the Exchange Act.26                           exchange upon which the securities are
                                                that, at a minimum considers, and                                                                                      registered. The Commission may
                                                produces margin levels commensurate                        III. Conclusion                                             exempt an issuer of over-the-counter
                                                with, the risks and particular attributes                    It is therefore noticed, pursuant to                      (but not listed) securities from the
                                                of each relevant product, portfolio, and                   Section 806(e)(1)(I) of the Clearing                        notice requirement. The requirements of
                                                market; and uses an appropriate method                     Supervision Act,27 that the Commission                      10b–17 do not apply to redeemable
                                                for measuring credit exposure that                         does not object to Advance Notice (SR–                      securities of registered open-end
                                                accounts for relevant product risk                         NSCC–2017–804) and that NSCC is                             investment companies or unit
                                                factors and portfolio effects across                       authorized to implement the proposed                        investment trusts.
                                                products.25                                                change as of the date of this notice or                        The information required by Rule
                                                   As described above, NSCC faces                          the date of an order by the Commission                      10b–17 is necessary for the execution of
                                                specific wrong-way risk where it acts as                   approving the proposed rule change                          the Commission’s mandate under the
                                                central counterparty to Member                             (SR–NSCC–2017–010) that reflects rule                       Securities Exchange Act of 1934 to
                                                transactions in family-issued securities.                  changes that are consistent with this                       prevent fraudulent, manipulative, and
                                                To help address this risk, NSCC applies                    Advance Notice, whichever is later.                         deceptive acts and practices. The
                                                the FIS Charge in calculating the                                                                                      Commission has found that not
                                                Member’s required margin. Specifically,                      By the Commission.                                        requiring formal notices of the types of
                                                the FIS Charge is a component of the                       Eduardo A. Aleman,                                          distributions covered by Rule 10b–17
                                                margin that NSCC calculates and                            Assistant Secretary.                                        has led to a number of abuses including
                                                collects using a risk-based margin                         [FR Doc. 2017–19375 Filed 9–12–17; 8:45 am]                 purchasers not being aware of their
                                                methodology that is designed to help                       BILLING CODE 8011–01–P                                      rights to such distributions. It is only
                                                maintain the coverage of NSCC’s credit                                                                                 through formal notice of the
                                                exposures to its Members at a                                                                                          distribution, including the date of the
                                                confidence level of at least 99 percent.                   SECURITIES AND EXCHANGE                                     distribution, that current holders,
                                                The FIS Charge is tailored to consider                     COMMISSION                                                  potential buyers, or potential sellers of
                                                both the value and type of family-issued                                                                               the securities at issue will know their
                                                securities held by the Member, as well                     Submission for OMB Review;                                  rights to the distribution. Therefore, it is
                                                as the credit risk presented by the                        Comment Request                                             only through formal notice that
                                                Member, as calculated by NSCC.                             Upon Written Request, Copies Available                      investors can make an informed
                                                   However, currently, the FIS Charge is                    From: Securities and Exchange                              decision as to whether to buy or sell a
                                                assessed only against Members on the                        Commission, Office of FOIA Services,                       security.
                                                Watch List because of the additional                                                                                      There are approximately 12,127
                                                                                                            100 F Street NE., Washington, DC
                                                credit risk presented by such Members.                                                                                 respondents per year. These
                                                                                                            20549–2736.
                                                Nevertheless, all Members, not just                                                                                    respondents make approximately 27,144
                                                Members on the Watch List, present                         Extension: Rule 10b–17, SEC File No. 270–                   responses per year. Each response takes
                                                specific wrong-way risk. As such, NSCC                         427, OMB Control No. 3235–0476.                         approximately 10 minutes to complete.
                                                proposes to expand the FIS Charge to all                      Notice is hereby given that pursuant                     Thus, the total compliance burden per
sradovich on DSK3GMQ082PROD with NOTICES




                                                Members, while maintaining the                             to the Paperwork Reduction Act of 1995                      year is 4,524 burden hours. The total
                                                relation between the FIS Charge and the                    (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the                     internal labor cost of compliance for the
                                                Member’s credit risk. Specifically,                        Securities and Exchange Commission                          respondents, associated with producing
                                                NSCC proposes to apply the FIS Charge                      (‘‘Commission’’) has submitted to the                       and filing the reports, is approximately
                                                to fixed-income securities that are                        Office of Management and Budget                             $317,991.96.
                                                                                                                                                                          An agency may not conduct or
                                                  24 Id.                                                     26 Id.                                                    sponsor, and a person is not required to
                                                  25 17    CFR 240.17Ad–22(e)(6)(i) and (v).                 27 12    U.S.C. 5465(e)(1)(I).                            respond to, a collection of information


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                                                                           Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Notices                                                43057

                                                under the PRA unless it displays a                       I. Self-Regulatory Organization’s                     the Merger, the NYSE Arca Equities
                                                currently valid OMB control number.                      Statement of the Terms of Substance of                rules were integrated into the NYSE
                                                  The public may view background                         the Proposed Rule Change                              Arca rules, so that there is now one
                                                documentation for this information                          The Exchange proposes to amend its                 NYSE Arca rulebook.6 As part of such
                                                collection at the following Web site:                    rules to make technical and conforming                integration, some of the NYSE Arca
                                                http://www.reginfo.gov. Comments                         updates in connection with (a) the                    rules were renumbered. Accordingly,
                                                should be directed to: (i) Desk Officer                  merger of NYSE Arca Equities, Inc. with               the Exchange proposes to amend certain
                                                for the Securities and Exchange                          and into the Exchange’s affiliate NYSE                of its rules, as detailed below, to make
                                                                                                         Arca, Inc. and (b) the name change of                 technical and conforming updates to its
                                                Commission, Office of Information and
                                                                                                         NYSE National, Inc. The proposed                      rules that cross reference the NYSE Arca
                                                Regulatory Affairs, Office of
                                                                                                         change is available on the Exchange’s                 rules and delete references to the NYSE
                                                Management and Budget, Room 10102,
                                                                                                         Web site at www.nyse.com, at the                      Arca Equities.
                                                New Executive Office Building,                                                                                    In January 2017, the Exchange’s
                                                Washington, DC 20503, or by sending an                   principal office of the Exchange, and at
                                                                                                         the Commission’s Public Reference                     parent NYSE Group, Inc. acquired all
                                                email to: Shagufta_Ahmed@                                                                                      the capital stock of National Stock
                                                omb.eop.gov; and (ii) Pamela Dyson,                      Room.
                                                                                                                                                               Exchange, Inc., which was renamed
                                                Director/Chief Information Officer,                      II. Self-Regulatory Organization’s                    ‘‘NYSE National, Inc.’’ 7 The Exchange
                                                Securities and Exchange Commission,                      Statement of the Purpose of, and                      proposes to update a reference to
                                                c/o Remi Pavlik-Simon, 100 F Street                      Statutory Basis for, the Proposed Rule                National Stock Exchange, Inc. found in
                                                NE., Washington, DC 20549 or by                          Change                                                the Exchange’s rules to reflect the new
                                                sending an email to: PRA_Mailbox@                           In its filing with the Commission, the             name of such entity, NYSE National,
                                                sec.gov. Comments must be submitted to                   self-regulatory organization included                 Inc.
                                                OMB within 30 days of this notice.                       statements concerning the purpose of,                 Proposed Rule Changes
                                                  Dated: September 7, 2017.                              and basis for, the proposed rule change
                                                                                                         and discussed any comments it received                  • In Exchange Rule 5.2(j) (Exchange
                                                Eduardo A. Aleman,
                                                                                                         on the proposed rule change. The text                 Traded Products), the Exchange
                                                Assistant Secretary.                                                                                           proposes to update the cross references
                                                [FR Doc. 2017–19360 Filed 9–12–17; 8:45 am]
                                                                                                         of those statements may be examined at
                                                                                                         the places specified in Item IV below.                to NYSE Arca Equities Rule 5.2(j)(1) by
                                                BILLING CODE 8011–01–P
                                                                                                         The Exchange has prepared summaries,                  deleting the word ‘‘Equities’’ from the
                                                                                                         set forth in sections A, B, and C below,              term ‘‘NYSE Arca Equities Rule’’ and
                                                                                                         of the most significant parts of such                 appending an ‘‘-E’’ to the end of the rule
                                                SECURITIES AND EXCHANGE                                                                                        number. The new cross reference would
                                                                                                         statements.
                                                COMMISSION                                                                                                     be to ‘‘NYSE Arca Rule 5.2–E(j)(1).’’
                                                                                                         A. Self-Regulatory Organization’s                     Similarly, the Exchange proposes to
                                                [Release No. 34–81548; File No. SR–NYSE–                 Statement of the Purpose of, and the                  update the cross references to
                                                2017–44]                                                 Statutory Basis for, the Proposed Rule                subsections of NYSE Arca Options Rule
                                                                                                         Change                                                5.13 and to NYSE Arca Options Rule 5.3
                                                Self-Regulatory Organizations; New                       1. Purpose                                            by deleting the word ‘‘Options’’ form
                                                York Stock Exchange LLC; Notice of                                                                             the term ‘‘NYSE Arca Options Rule’’
                                                Filing and Immediate Effectiveness of                       The Exchange proposes to amend its                 and appending an ‘‘-O’’ to the end of the
                                                Proposed Change To Amend Its Rules                       rules to make technical and conforming                rules number. The new cross references
                                                To Make Technical and Conforming                         updates in connection with (a) the                    would be to ‘‘NYSE Arca Rule 5.13–O’’
                                                                                                         merger of NYSE Arca Equities, Inc.                    and ‘‘NYSE Arca Rule 5.3–O,’’
                                                Updates, in Connection With the
                                                                                                         (‘‘NYSE Arca Equities’’) with and into                respectively, followed by any relevant
                                                Merger of NYSE Arca Equities, Inc.
                                                                                                         the Exchange’s affiliate NYSE Arca, Inc.              subsection of the rule.
                                                With and Into the Exchange’s Affiliate
                                                                                                         (‘‘NYSE Arca’’), and (b) the name                       • In Exchange Rules 8.4 (Account
                                                NYSE Arca, Inc. and the Name Change
                                                                                                         change of NYSE National, Inc.                         Approval), 8.5 (Suitability), 8.6
                                                of NYSE National, Inc.
                                                                                                         Background                                            (Discretionary Accounts), 8.7
                                                September 7, 2017.                                                                                             (Supervision of Accounts), 8.8
                                                                                                            On June 2, 2017, the Exchange’s
                                                   Pursuant to section 19(b)(1) 1 of the                 affiliate, NYSE Arca, filed rule changes              (Customer Complaints), the Exchange
                                                Securities Exchange Act of 1934 (the                     with the Commission in connection                     proposes to update the references to
                                                ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   with the proposed merger of NYSE                      NYSE Arca Equities Rules 9.18 by
                                                notice is hereby given that, on August                   Arca’s wholly-owned subsidiary, NYSE                  deleting the word ‘‘Equities’’ from the
                                                25, 2017, New York Stock Exchange                        Arca Equities, with and into NYSE Arca                term ‘‘NYSE Arca Equities Rules’’ and
                                                LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed                 (the ‘‘Merger’’).4 The proposed changes               appending an ‘‘-E’’ to the end of the rule
                                                with the Securities and Exchange                                                                               number. The new cross references
                                                                                                         were approved by the Commission on
                                                Commission (the ‘‘Commission’’) the                                                                            would be to ‘‘NYSE Arca Rule 9.18–E,’’
                                                                                                         August 17, 2017, and the Merger
                                                proposed rule change as described in                                                                           followed by any relevant subsection of
                                                                                                         occurred on that same date.5
                                                                                                            Prior to the Merger, NYSE Arca had                 the rule.
                                                Items I and II below, which Items have
                                                                                                         two rulebooks: the NYSE Arca rules for                  • In Exchange Rule 8.9 (Prior
                                                been prepared by the self-regulatory
                                                                                                         its options market and the NYSE Arca                  Approval of Certain Communications to
sradovich on DSK3GMQ082PROD with NOTICES




                                                organization. The Commission is
                                                                                                         Equities rules for its equities market. At            Customers) the Exchange proposes to
                                                publishing this notice to solicit
                                                                                                                                                               update the cross references to NYSE
                                                comments on the proposed rule change
                                                                                                            4 See Securities Exchange Act Release No. 80929    Arca Equities Rule 9.28 by deleting the
                                                from interested persons.
                                                                                                         (June 14, 2017), 82 FR 28157 (June 20, 2017) (SR–
                                                                                                         NYSEArca–2017–40).                                      6 Seeid. at 40044.
                                                  1 15 U.S.C. 78s(b)(1).                                    5 See Securities Exchange Act Release No. 81419      7 SeeSecurities Exchange Act Release No. 79902
                                                  2 15 U.S.C. 78a.
                                                                                                         (August 17, 2017), 82 FR 40044 (August 23, 2017)      (January 30, 2017), 82 FR 9258 (February 3, 2017)
                                                  3 17 CFR 240.19b–4.                                    (SR–NYSEArca–2017–40).                                (SR–NSX–2016–16).



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Document Created: 2017-09-13 00:09:06
Document Modified: 2017-09-13 00:09:06
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 43056 

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