82_FR_43607 82 FR 43429 - Proposed Collection; Comment Request

82 FR 43429 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 178 (September 15, 2017)

Page Range43429-43430
FR Document2017-19678

Federal Register, Volume 82 Issue 178 (Friday, September 15, 2017)
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Pages 43429-43430]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19678]


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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-035, OMB Control No. 3235-0029]


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 17f-2(c)

    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 17f-2(c) (17 CFR 
240.17f-2(c)), under the Securities Exchange Act of 1934 (15 U.S.C. 78a 
et seq.). The Commission plans to submit this existing collection of 
information to the Office of Management and Budget (``OMB'') for 
extension and approval.
    Rule 17f-2(c) allows persons required to be fingerprinted pursuant 
to Section 17(f)(2) of the Act to submit their fingerprints to the 
Attorney General of the United States or its designee (i.e., the 
Federal Bureau of Investigation (``FBI'')) through a registered 
national securities exchange or a registered national securities 
association (collectively, also known as ``self-regulatory 
organizations'' or ``SROs'') pursuant to a fingerprint plan filed with, 
and declared effective by, the Commission. Fingerprint plans have been 
declared effective for the American, Boston, Chicago, New York, and 
Philadelphia stock exchanges and for the Financial Industry Regulatory

[[Page 43430]]

Authority (``FINRA'') and the Chicago Board Options Exchange. 
Currently, FINRA accounts for the bulk of the fingerprint submissions.
    It is estimated that 4,200 respondents submit approximately 285,600 
sets of fingerprints (consisting of approximately 243,600 electronic 
sets and 42,000 hard copy sets) to SROs on an annual basis. The 
Commission estimates that it would take approximately 15 minutes to 
create and submit each fingerprint card. The total reporting burden is 
therefore estimated to be approximately 71,400 hours, or approximately 
15 hours per respondent, annually.
    In addition, the SROs charge an estimated $25.00 fee for processing 
fingerprint cards submitted electronically, resulting in a total annual 
cost to all 4,200 respondents of $6,090,000, or $1,450 per respondent 
per year. The SROs charge an estimated $40.00 fee for processing 
fingerprint cards submitted in hard copy, resulting in a total annual 
cost to all 4,200 respondents of approximately $1,680,000, or $400 per 
respondent per year. The combined annual cost to all respondents is 
thus $7,770,000.
    Because the FBI will not accept fingerprint cards directly from 
submitting organizations, Commission approval of fingerprint plans from 
certain SROs is essential to carry out the Congressional goal to 
fingerprint securities industry personnel. Filing these plans for 
review assures users and their personnel that fingerprint cards will be 
handled responsibly and with due care for confidentiality.
    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 
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: 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: September 12, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-19678 Filed 9-14-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices                                                43429

                                                  upper threshold for the life of the order               III. Date of Effectiveness of the                     inspection and copying at the principal
                                                  and whereby the order will be cancelled                 Proposed Rule Change and Timing for                   office of the Exchange. All comments
                                                  at any point if it exceeds $101.00 or falls             Commission Action                                     received will be posted without change;
                                                  below $99.00, the established                             Within 45 days of the date of                       the Commission does not edit personal
                                                  thresholds. With certain exceptions,                    publication of this notice in the Federal             identifying information from
                                                  each order also must contain the                        Register or within such longer period                 submissions. You should submit only
                                                  applicable order attributes, including                  up to 90 days (i) as the Commission may               information that you wish to make
                                                  routing instructions and time-in-force                  designate if it finds such longer period              available publicly. All submissions
                                                  information, as described in Nasdaq                     to be appropriate and publishes its                   should refer to File Number SR–
                                                  Rule 4703.                                              reasons for so finding or (ii) as to which            NASDAQ–2017–090 and should be
                                                                                                          the self-regulatory organization                      submitted on or before October 6, 2017.
                                                     The proposed rule change is designed
                                                                                                          consents, the Commission will: (a) By                   For the Commission, by the Division of
                                                  to perfect the mechanism of a free and                                                                        Trading and Markets, pursuant to delegated
                                                  open market and, in general, to protect                 order approve or disapprove such
                                                                                                          proposed rule change; or (b) institute                authority.36
                                                  investors and the public interest in that                                                                     Eduardo A. Aleman,
                                                  it will facilitate the listing and trading              proceedings to determine whether the
                                                                                                          proposed rule change should be                        Assistant Secretary.
                                                  of the Fund, which seeks to provide
                                                                                                          disapproved.                                          [FR Doc. 2017–19583 Filed 9–14–17; 8:45 am]
                                                  investors with access to an actively
                                                                                                                                                                BILLING CODE 8011–01–P
                                                  managed investment strategy in a                        IV. Solicitation of Comments
                                                  structure that offers the cost and tax                    Interested persons are invited to
                                                  efficiencies and shareholder protections                submit written data, views, and                       SECURITIES AND EXCHANGE
                                                  of ETFs, while removing the                             arguments concerning the foregoing,                   COMMISSION
                                                  requirement for daily portfolio holdings                including whether the proposed rule                   [SEC File No. 270–035, OMB Control No.
                                                  disclosure to ensure a tight relationship               change is consistent with the Act.                    3235–0029]
                                                  between market trading prices and                       Comments may be submitted by any of
                                                  NAV.                                                    the following methods:                                Proposed Collection; Comment
                                                     For the above reasons, Nasdaq                                                                              Request
                                                                                                          Electronic Comments
                                                  believes the proposed rule change is                                                                          Upon Written Request, Copies Available
                                                                                                            • Use the Commission’s Internet
                                                  consistent with the requirements of                                                                            From: Securities and Exchange
                                                                                                          comment form (http://www.sec.gov/
                                                  Section 6(b)(5) of the Act.                                                                                    Commission, Office of FOIA Services,
                                                                                                          rules/sro.shtml ); or
                                                  B. Self-Regulatory Organization’s                         • Send an email to rule-comments@                    100 F Street NE., Washington, DC
                                                                                                          sec.gov. Please include File Number SR–                20549–2736
                                                  Statement on Burden on Competition
                                                                                                          NASDAQ–2017–090 on the subject line.                  Extension:
                                                     The Exchange does not believe that                                                                           Rule 17f–2(c)
                                                  the proposed rule change will result in                 Paper Comments
                                                                                                                                                                   Notice is hereby given that pursuant
                                                  any burden on competition that is not                      • Send paper comments in triplicate                to the Paperwork Reduction Act of 1995
                                                  necessary or appropriate in furtherance                 to Secretary, Securities and Exchange                 (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
                                                  of the purposes of the Act. In fact, the                Commission, 100 F Street NE.,                         Securities and Exchange Commission
                                                  Exchange believes that the introduction                 Washington, DC 20549–1090.                            (‘‘Commission’’) is soliciting comments
                                                  of the Fund would promote competition                   All submissions should refer to File                  on the existing collection of information
                                                  by making available to investors an                     Number SR–NASDAQ–2017–090. This                       provided for in Rule 17f–2(c) (17 CFR
                                                  actively managed investment strategy in                 file number should be included on the                 240.17f–2(c)), under the Securities
                                                  a structure that offers the cost and tax                subject line if email is used. To help the            Exchange Act of 1934 (15 U.S.C. 78a et
                                                  efficiencies and shareholder protections                Commission process and review your                    seq.). The Commission plans to submit
                                                  of ETFs, while removing the                             comments more efficiently, please use                 this existing collection of information to
                                                  requirement for daily portfolio holdings                only one method. The Commission will                  the Office of Management and Budget
                                                  disclosure to ensure a tight relationship               post all comments on the Commission’s                 (‘‘OMB’’) for extension and approval.
                                                  between market trading prices and                       Internet Web site (http://www.sec.gov/                   Rule 17f–2(c) allows persons required
                                                  NAV. Moreover, the Exchange believes                    rules/sro.shtml). Copies of the                       to be fingerprinted pursuant to Section
                                                                                                          submission, all subsequent                            17(f)(2) of the Act to submit their
                                                  that the proposed method of Share
                                                                                                          amendments, all written statements                    fingerprints to the Attorney General of
                                                  trading would provide investors with
                                                                                                          with respect to the proposed rule                     the United States or its designee (i.e.,
                                                  transparency of trading costs, and the
                                                                                                          change that are filed with the                        the Federal Bureau of Investigation
                                                  ability to control trading costs using                  Commission, and all written                           (‘‘FBI’’)) through a registered national
                                                  limit orders, that is not available for                 communications relating to the                        securities exchange or a registered
                                                  conventionally traded ETFs.                             proposed rule change between the                      national securities association
                                                     These developments could                             Commission and any person, other than                 (collectively, also known as ‘‘self-
                                                  significantly enhance competition to the                those that may be withheld from the                   regulatory organizations’’ or ‘‘SROs’’)
                                                  benefit of the markets and investors.                   public in accordance with the                         pursuant to a fingerprint plan filed with,
                                                                                                          provisions of 5 U.S.C. 552, will be                   and declared effective by, the
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                                                  C. Self-Regulatory Organization’s                       available for Web site viewing and                    Commission. Fingerprint plans have
                                                  Statement on Comments on the                            printing in the Commission’s Public                   been declared effective for the
                                                  Proposed Rule Change Received From                      Reference Room, 100 F Street NE.,                     American, Boston, Chicago, New York,
                                                  Members, Participants, or Others                        Washington, DC 20549, on official                     and Philadelphia stock exchanges and
                                                                                                          business days between the hours of                    for the Financial Industry Regulatory
                                                    Written comments were neither
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of the
                                                  solicited nor received.
                                                                                                          filing also will be available for                       36 17   CFR 200.30–3(a)(12).



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                                                  43430                       Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices

                                                  Authority (‘‘FINRA’’) and the Chicago                   Information Officer, Securities and                   II. Self-Regulatory Organization’s
                                                  Board Options Exchange. Currently,                      Exchange Commission, c/o Remi Pavlik-                 Statement of the Purpose of, and
                                                  FINRA accounts for the bulk of the                      Simon, 100 F Street NE., Washington,                  Statutory Basis for, the Proposed Rule
                                                  fingerprint submissions.                                DC 20549, or send an email to: PRA_                   Change
                                                     It is estimated that 4,200 respondents               Mailbox@sec.gov.
                                                  submit approximately 285,600 sets of                                                                            In its filing with the Commission, the
                                                  fingerprints (consisting of                               Dated: September 12, 2017.                          self-regulatory organization included
                                                  approximately 243,600 electronic sets                   Eduardo A. Aleman,                                    statements concerning the purpose of,
                                                  and 42,000 hard copy sets) to SROs on                   Assistant Secretary.
                                                                                                                                                                and basis for, the proposed rule change
                                                  an annual basis. The Commission                                                                               and discussed any comments it received
                                                                                                          [FR Doc. 2017–19678 Filed 9–14–17; 8:45 am]
                                                  estimates that it would take                                                                                  on the proposed rule change. The text
                                                                                                          BILLING CODE 8011–01–P                                of those statements may be examined at
                                                  approximately 15 minutes to create and
                                                  submit each fingerprint card. The total                                                                       the places specified in Item IV below.
                                                  reporting burden is therefore estimated                                                                       The Exchange has prepared summaries,
                                                                                                          SECURITIES AND EXCHANGE                               set forth in sections A, B, and C below,
                                                  to be approximately 71,400 hours, or                    COMMISSION
                                                  approximately 15 hours per respondent,                                                                        of the most significant parts of such
                                                  annually.                                                                                                     statements.
                                                     In addition, the SROs charge an                      [Release No. 34–81573; File No. SR–
                                                                                                          NYSEARCA–2017–97]                                     A. Self-Regulatory Organization’s
                                                  estimated $25.00 fee for processing                                                                           Statement of the Purpose of, and the
                                                  fingerprint cards submitted                                                                                   Statutory Basis for, the Proposed Rule
                                                  electronically, resulting in a total annual             Self-Regulatory Organizations; NYSE
                                                                                                          Arca, Inc.; Notice of Filing and                      Change
                                                  cost to all 4,200 respondents of
                                                  $6,090,000, or $1,450 per respondent                    Immediate Effectiveness of Proposed                   1. Purpose
                                                  per year. The SROs charge an estimated                  Rule Change To Amend the NYSE Arca
                                                                                                                                                                   In connection with the introduction of
                                                  $40.00 fee for processing fingerprint                   Equities Fees and Charges
                                                                                                                                                                new gateways on August 21, 2017, the
                                                  cards submitted in hard copy, resulting                                                                       Exchange proposes to amend its Fee
                                                                                                          September 11, 2017.
                                                  in a total annual cost to all 4,200                                                                           Schedule to adopt a cap, for August and
                                                  respondents of approximately                               Pursuant to Section 19(b)(1) 1 of the              September 2017, on monthly fees for the
                                                  $1,680,000, or $400 per respondent per                  Securities Exchange Act of 1934 (the                  use of ports connecting to NYSE Arca
                                                  year. The combined annual cost to all                   ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                that are added after August 18, 2017.
                                                  respondents is thus $7,770,000.                         notice is hereby given that, on August                   The Exchange currently makes ports
                                                     Because the FBI will not accept                      29, 2017, NYSE Arca, Inc. (the                        available that provide connectivity to
                                                  fingerprint cards directly from                         ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with             the Exchange’s trading systems (i.e.,
                                                  submitting organizations, Commission                    the Securities and Exchange                           ports for the entry of orders and/or
                                                  approval of fingerprint plans from                      Commission (the ‘‘Commission’’) the                   quotes (‘‘order/quote entry ports’’)) and
                                                  certain SROs is essential to carry out the              proposed rule change as described in                  charges $550 per port per month.5 The
                                                  Congressional goal to fingerprint                       Items I, II, and III below, which Items               Exchange also currently makes ports
                                                  securities industry personnel. Filing
                                                                                                          have been prepared by the self-                       available for drop copies and charges
                                                  these plans for review assures users and
                                                                                                          regulatory organization. The                          $550 per port per month.6
                                                  their personnel that fingerprint cards
                                                                                                          Commission is publishing this notice to                  In order to facilitate an ETP Holder’s
                                                  will be handled responsibly and with
                                                  due care for confidentiality.                           solicit comments on the proposed rule                 transition to the Exchange’s new
                                                     Written comments are invited on: (a)                 change from interested persons.                       gateways on August 21, 2017, the
                                                  Whether the proposed collection of                                                                            Exchange proposes to add to its Fee
                                                                                                          I. Self-Regulatory Organization’s                     Schedule that, for the billing months of
                                                  information is necessary for the proper                 Statement of the Terms of Substance of
                                                  performance of the functions of the                                                                           August and September 2017, the total
                                                                                                          the Proposed Rule Change                              charge per firm for order/quote entry
                                                  Commission, including whether the
                                                  information shall have practical utility;                  The Exchange proposes to amend the                 ports and drop copy ports will be
                                                  (b) the accuracy of the Commission’s                                                                          capped at the total number of such ports
                                                                                                          NYSE Arca Equities Fees and Charges
                                                  estimates of the burden of the proposed                                                                       that the firm has activated at the start of
                                                                                                          (the ‘‘Fee Schedule’’) to adopt a cap, for
                                                  collection of information; (c) ways to                                                                        trading on August 18, 2017, the last
                                                                                                          August and September 2017, on                         trading day prior to the introduction of
                                                  enhance the quality, utility, and clarity               monthly fees for the use of ports
                                                  of the information collected; and (d)                                                                         the new gateways. This cap would have
                                                                                                          connecting to NYSE Arca that are added                the effect of waiving the port fees, for
                                                  ways to minimize the burden of the                      after August 18, 2017. The Exchange
                                                  collection of information on                                                                                  August and September 2017, of any
                                                                                                          proposes to implement the changes on
                                                  respondents, including through the use                  August 29, 2017.4 The proposed rule                      5 Port fees are not applicable to ports used for the
                                                  of automated collection techniques or                   change is available on the Exchange’s                 Exchange’s Risk Management Gateway service.
                                                  other forms of information technology.
                                                                                                          Web site at www.nyse.com, at the                      Further, no fee applies to ports in the backup
                                                  Consideration will be given to                                                                                datacenter that are not utilized during the relevant
                                                                                                          principal office of the Exchange, and at
                                                  comments and suggestions submitted in                                                                         month. No fee applies to ports in the backup
                                                  writing within 60 days of this                          the Commission’s Public Reference                     datacenter that are utilized when the primary
                                                  publication.                                            Room.                                                 datacenter is unavailable. However, if a port in the
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                                                                                                                                                                backup datacenter is utilized when the primary
                                                     An agency may not conduct or                                                                               datacenter is available, then the fee shall apply.
                                                                                                            1 15 U.S.C. 78s(b)(1).
                                                  sponsor, and a person is not required to                                                                         6 No fee applies to ports in the backup datacenter
                                                                                                            2 15 U.S.C. 78a.
                                                  respond to, a collection of information                   3 17 CFR 240.19b–4.
                                                                                                                                                                if configured such that it is duplicative of another
                                                  under the PRA unless it displays a                                                                            drop copy port of the same user. Only one fee per
                                                                                                            4 The Exchange originally filed to amend the Fee    drop copy port applies, even if the port receives
                                                  currently valid OMB control number.                     Schedule on August 18, 2017 (SR–NYSEArca–             drop copies from multiple order/quote entry ports
                                                     Please direct your written comments                  2017–91) and withdrew such filing on August 29,       and/or drop copies for activity on both NYSE Arca
                                                  to: Pamela Dyson, Director/Chief                        2017.                                                 Equities and NYSE Arca Options.



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Document Created: 2017-09-15 00:18:56
Document Modified: 2017-09-15 00:18:56
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 43429 

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