83_FR_31564 83 FR 31435 - Submission for OMB Review; Comment Request

83 FR 31435 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 129 (July 5, 2018)

Page Range31435-31436
FR Document2018-14357

Federal Register, Volume 83 Issue 129 (Thursday, July 5, 2018)
[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Notices]
[Pages 31435-31436]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14357]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-349, OMB Control No. 3235-0395]


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 15g-6

    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

[[Page 31436]]

Office of Management and Budget (``OMB'') a request for approval of 
extension of the previously approved collection of information provided 
for in Rule 15g-6--Account Statements for Penny Stock Customers--(17 
CFR 240.15g-6) under the Securities Exchange Act of 1934 (15 U.S.C. 78a 
et seq.).
    Rule 15g-6 requires brokers and dealers that sell penny stocks to 
provide their customers monthly account statements containing 
information with regard to the penny stocks held in customer accounts. 
The purpose of the rule is to increase the level of disclosure to 
investors concerning penny stocks generally and specific penny stock 
transactions.
    The Commission estimates that approximately 195 broker-dealers will 
spend an average of 78 hours annually to comply with this rule. Thus, 
the total compliance burden is approximately 15,210 burden-hours per 
year.
    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.
    The public may view background documentation for this information 
collection at the following website: 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 Candace 
Kenner, 100 F Street NE, Washington, DC 20549 or by sending an email to 
[email protected]. Comments must be submitted within 30 days of this 
notice.

    Dated: June 28, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14357 Filed 7-3-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices                                                   31435

                                              and investment positions (‘‘Portfolio                    following the tender of Creation Units                  company managed by the Adviser
                                              Instruments’’). Each Fund will disclose                  for redemption. Applicants assert that                  having substantially the same
                                              on its website the identities and                        the requested relief would not be                       investment objectives as the Feeder
                                              quantities of the Portfolio Instruments                  inconsistent with the spirit and intent of              Fund (‘‘Master Fund’’) beyond the
                                              that will form the basis for the Fund’s                  section 22(e) to prevent unreasonable,                  limitations in section 12(d)(1)(A) and
                                              calculation of NAV at the end of the                     undisclosed or unforeseen delays in the                 permit the Master Fund, and any
                                              day.                                                     actual payment of redemption proceeds.                  principal underwriter for the Master
                                                 3. Shares will be purchased and                          7. Applicants request an exemption to                Fund, to sell shares of the Master Fund
                                              redeemed in Creation Units only and                      permit Funds of Funds to acquire Fund                   to the Feeder Fund beyond the
                                              generally on an in-kind basis, or issued                 shares beyond the limits of section                     limitations in section 12(d)(1)(B).
                                              in less than Creation Unit size to                       12(d)(1)(A) of the Act; and the Funds,                     10. Section 6(c) of the Act permits the
                                              investors participating in a distribution                and any principal underwriter for the                   Commission to exempt any persons or
                                              reinvestment program. Except where the                   Funds, and/or any broker or dealer                      transactions from any provision of the
                                              purchase or redemption will include                      registered under the Exchange Act, to                   Act if such exemption is necessary or
                                              cash under the limited circumstances                     sell shares to Funds of Funds beyond                    appropriate in the public interest and
                                              specified in the application, purchasers                 the limits of section 12(d)(1)(B) of the                consistent with the protection of
                                              will be required to purchase Creation                    Act. The application’s terms and                        investors and the purposes fairly
                                              Units by depositing specified                            conditions are designed to, among other                 intended by the policy and provisions of
                                              instruments (‘‘Deposit Instruments’’),                   things, help prevent any potential (i)                  the Act. Section 12(d)(1)(J) of the Act
                                              and shareholders redeeming their shares                  undue influence over a Fund through                     provides that the Commission may
                                              will receive specified instruments                       control or voting power, or in                          exempt any person, security, or
                                              (‘‘Redemption Instruments’’). The                        connection with certain services,                       transaction, or any class or classes of
                                              Deposit Instruments and the                              transactions, and underwritings, (ii)                   persons, securities, or transactions, from
                                              Redemption Instruments will each                         excessive layering of fees, and (iii)                   any provision of section 12(d)(1) if the
                                              correspond pro rata to the positions in                  overly complex fund structures, which                   exemption is consistent with the public
                                              the Fund’s portfolio (including cash                     are the concerns underlying the limits                  interest and the protection of investors.
                                              positions) except as specified in the                    in sections 12(d)(1)(A) and (B) of the                  Section 17(b) of the Act authorizes the
                                              application.                                             Act.                                                    Commission to grant an order
                                                 4. Because shares will not be                            8. Applicants request an exemption                   permitting a transaction otherwise
                                              individually redeemable, applicants                      from sections 17(a)(1) and (a)(2) of the                prohibited by section 17(a) if it finds
                                              request an exemption from section                        Act to permit persons that are affiliated               that (a) the terms of the proposed
                                              5(a)(1) and section 2(a)(32) of the Act                  persons, or second-tier affiliates, of the              transaction are fair and reasonable and
                                              that would permit the Funds to register                  Funds, solely by virtue of certain                      do not involve overreaching on the part
                                              as open-end management investment                        ownership interests, to effectuate                      of any person concerned; (b) the
                                              companies and issue shares that are                      purchases and redemptions in-kind. The                  proposed transaction is consistent with
                                              redeemable in Creation Units only.                       deposit procedures for in-kind                          the policies of each registered
                                                 5. Applicants also request an                         purchases of Creation Units and the                     investment company involved; and (c)
                                              exemption from section 22(d) of the Act                  redemption procedures for in-kind                       the proposed transaction is consistent
                                              and rule 22c–1 under the Act as                          redemptions of Creation Units will be                   with the general purposes of the Act.
                                              secondary market trading in shares will                  the same for all purchases and
                                              take place at negotiated prices, not at a                redemptions and Deposit Instruments                       For the Commission, by the Division of
                                              current offering price described in a                    and Redemption Instruments will be                      Investment Management, under delegated
                                                                                                                                                               authority.
                                              Fund’s prospectus, and not at a price                    valued in the same manner as those
                                              based on NAV. Applicants state that (a)                  Portfolio Instruments currently held by                 Eduardo A. Aleman,
                                              secondary market trading in shares does                  the Funds. Applicants also seek relief                  Assistant Secretary.
                                              not involve a Fund as a party and will                   from the prohibitions on affiliated                     [FR Doc. 2018–14364 Filed 7–3–18; 8:45 am]
                                              not result in dilution of an investment                  transactions in section 17(a) to permit a               BILLING CODE 8011–01–P
                                              in shares, and (b) to the extent different               Fund to sell its shares to and redeem its
                                              prices exist during a given trading day,                 shares from a Fund of Funds, and to
                                              or from day to day, such variances occur                 engage in the accompanying in-kind                      SECURITIES AND EXCHANGE
                                              as a result of third-party market forces,                transactions with the Fund of Funds.2                   COMMISSION
                                              such as supply and demand. Therefore,                    The purchase of Creation Units by a                     [SEC File No. 270–349, OMB Control No.
                                              applicants assert that secondary market                  Fund of Funds directly from a Fund will                 3235–0395]
                                              transactions in shares will not lead to                  be accomplished in accordance with the
                                              discrimination or preferential treatment                 policies of the Fund of Funds and will                  Submission for OMB Review;
                                              among purchasers. Finally, applicants                    be based on the NAVs of the Funds.                      Comment Request
                                              represent that share market prices will                     9. Applicants also request relief to
                                                                                                                                                               Upon Written Request, Copies Available
                                              be disciplined by arbitrage                              permit a Feeder Fund to acquire shares
                                                                                                                                                                From: Securities and Exchange
                                              opportunities, which should prevent                      of another registered investment
                                                                                                                                                                Commission, Office of FOIA Services,
                                              shares from trading at a material                                                                                 100 F Street NE, Washington, DC
                                              discount or premium from NAV.                               2 The requested relief would apply to direct sales
                                                                                                                                                                20549–2736
                                                 6. With respect to Funds that hold                    of shares in Creation Units by a Fund to a Fund of
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                                                                                                       Funds and redemptions of those shares. Applicants,      Extension:
                                              non-U.S. Portfolio Instruments and that                  moreover, are not seeking relief from section 17(a)
                                              effect creations and redemptions of                                                                                Rule 15g–6
                                                                                                       for, and the requested relief will not apply to,
                                              Creation Units in kind, applicants                       transactions where a Fund could be deemed an               Notice is hereby given that pursuant
                                              request relief from the requirement                      Affiliated Person, or a Second-Tier Affiliate, of a     to the Paperwork Reduction Act of 1995
                                                                                                       Fund of Funds because an Adviser or an entity
                                              imposed by section 22(e) in order to                     controlling, controlled by or under common control
                                                                                                                                                               (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
                                              allow such Funds to pay redemption                       with an Adviser provides investment advisory            Securities and Exchange Commission
                                              proceeds within fifteen calendar days                    services to that Fund of Funds.                         (‘‘Commission’’) has submitted to the


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                                              31436                           Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices

                                              Office of Management and Budget                          SECURITIES AND EXCHANGE                                  introduce fees for the newly listed
                                              (‘‘OMB’’) a request for approval of                      COMMISSION                                               options on the NYSE FANG+ Index
                                              extension of the previously approved                                                                              (‘‘NYSE FANG+’’), which will trade
                                                                                                       [Release No. 34–83554; File No. SR–
                                              collection of information provided for in                NYSEArca–2018–49]
                                                                                                                                                                under the symbol FAANG.
                                              Rule 15g–6—Account Statements for                                                                                    The Exchange proposes that for fee
                                              Penny Stock Customers—(17 CFR                            Self-Regulatory Organizations; NYSE                      purposes transactions in FAANG
                                              240.15g–6) under the Securities                          Arca, Inc.; Notice of Filing and                         options would not be treated as adding
                                              Exchange Act of 1934 (15 U.S.C. 78a et                   Immediate Effectiveness of Proposed                      or removing liquidity, but rather that all
                                              seq.).                                                   Rule Change To Modify the NYSE Arca                      transactions, both manual and
                                                                                                       Options Fee Schedule                                     electronic, be charged by account status.
                                                 Rule 15g–6 requires brokers and                                                                                   As proposed, the Exchange would
                                              dealers that sell penny stocks to provide                June 28, 2018.                                           charge $0.35 per contract, per side for
                                              their customers monthly account                             Pursuant to Section 19(b)(1) 1 of the                 non-Customer and Professional
                                              statements containing information with                   Securities Exchange Act of 1934 (the                     Customer NYSE FANG+ transactions,
                                              regard to the penny stocks held in                       ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   whether executed manually or
                                              customer accounts. The purpose of the                    notice is hereby given that, on June 27,                 electronically.4 However, the Exchange
                                              rule is to increase the level of disclosure              2018, NYSE Arca, Inc. (the ‘‘Exchange’’                  would not charge a fee for any FAANG
                                              to investors concerning penny stocks                     or ‘‘NYSE Arca’’) filed with the                         transactions (i) on behalf of Customers
                                              generally and specific penny stock                       Securities and Exchange Commission                       or (ii) by Market Makers with an
                                              transactions.                                            (the ‘‘Commission’’) the proposed rule                   appointment in NYSE FANG+.5 Market
                                                                                                       change as described in Items I, II, and                  Makers that do not have an appointment
                                                 The Commission estimates that                         III below, which Items have been
                                              approximately 195 broker-dealers will                                                                             in NYSE FANG+ will be subject to the
                                                                                                       prepared by the self-regulatory                          same fee of $0.35 per contract, per side
                                              spend an average of 78 hours annually                    organization. The Commission is                          for non-Customer and Professional
                                              to comply with this rule. Thus, the total                publishing this notice to solicit                        Customer NYSE FANG+ transactions.
                                              compliance burden is approximately                       comments on the proposed rule change                     Further, the Exchange would not
                                              15,210 burden-hours per year.                            from interested persons.                                 impose the Lead Market Maker Rights
                                                 An agency may not conduct or                          I. Self-Regulatory Organization’s                        Fees upon allocation in options on
                                              sponsor, and a person is not required to                 Statement of the Terms of Substance of                   NYSE FANG+.6 The Exchange notes
                                              respond to, a collection of information                  the Proposed Rule Change                                 that volume in NYSE FANG+ would be
                                              under the PRA unless it displays a                                                                                included in calculations to qualify for
                                                                                                          The Exchange proposes to modify the
                                              currently valid OMB control number.                                                                               any volume-based incentives currently
                                                                                                       NYSE Arca Options Fee Schedule (‘‘Fee
                                                 The public may view background                                                                                 being offered on the Exchange,
                                                                                                       Schedule’’). The Exchange proposes to
                                              documentation for this information                                                                                including (but not limited to) the Non-
                                                                                                       implement the fee change effective June
                                                                                                                                                                Customer, Non-Penny Pilot Posting
                                              collection at the following website:                     27, 2018. The proposed rule change is
                                                                                                                                                                Tiers (as applicable) and the Firm and
                                              http://www.reginfo.gov. Comments                         available on the Exchange’s website at
                                                                                                                                                                Broker Dealer Monthly Fee Cap.7
                                              should be directed to: (i) Desk Officer                  www.nyse.com, at the principal office of
                                                                                                                                                                   The Exchange believes the proposed
                                              for the Securities and Exchange                          the Exchange, and at the Commission’s
                                                                                                                                                                fees for NYSE FANG+ would further the
                                              Commission, Office of Information and                    Public Reference Room.
                                                                                                                                                                Exchange’s goal of introducing new
                                              Regulatory Affairs, Office of                            II. Self-Regulatory Organization’s                       products to the marketplace by
                                              Management and Budget, Room 10102,                       Statement of the Purpose of, and                         encouraging trading in this index, in
                                              New Executive Office Building,                           Statutory Basis for, the Proposed Rule                   particular by encouraging Market
                                              Washington, DC 20503 or by sending an                    Change                                                   Makers to make a market in these
                                              email to: Shagufta_Ahmed@                                   In its filing with the Commission, the                products, which would in turn, benefit
                                              omb.eop.gov; and (ii) Pamela Dyson,                      self-regulatory organization included                    market participants.
                                              Director/Chief Information Officer,                      statements concerning the purpose of,                    2. Statutory Basis
                                              Securities and Exchange Commission,                      and basis for, the proposed rule change
                                              c/o Candace Kenner, 100 F Street NE,                     and discussed any comments it received                      The Exchange believes that the
                                              Washington, DC 20549 or by sending an                    on the proposed rule change. The text                    proposed rule change is consistent with
                                              email to PRA_Mailbox@sec.gov.                            of those statements may be examined at                   Section 6(b) of the Act, in general, and
                                              Comments must be submitted within 30                     the places specified in Item IV below.                   furthers the objectives of Sections
                                              days of this notice.                                     The Exchange has prepared summaries,                     6(b)(4) and (5) of the Act, in particular,
                                                                                                       set forth in sections A, B, and C below,                 because it provides for the equitable
                                                Dated: June 28, 2018.                                                                                           allocation of reasonable dues, fees, and
                                                                                                       of the most significant parts of such
                                              Eduardo A. Aleman,
                                                                                                       statements.                                                4 See proposed Fee Schedule, NYSE FANG+
                                              Assistant Secretary.
                                                                                                       A. Self-Regulatory Organization’s                        Index (FAANG) Transaction Fees.
                                              [FR Doc. 2018–14357 Filed 7–3–18; 8:45 am]                                                                          5 See id. The term Market Maker, as used herein,
                                                                                                       Statement of the Purpose of, and the
                                              BILLING CODE 8011–01–P                                                                                            includes NYSE Arca Options Market Makers and
                                                                                                       Statutory Basis for, the Proposed Rule                   Lead Market Makers (or LMMs).
                                                                                                       Change                                                     6 See proposed Fee Schedule, Endnote 2
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                                                                                                                                                                (providing that ‘‘[t]he Lead Market Maker Rights
                                                                                                       1. Purpose                                               Fee does not apply to options on the NYSE FANG+
                                                                                                          The purpose of this filing is to modify               Index (FAANG)’’).
                                                                                                                                                                  7 See proposed Fee Schedule, Endnote 8
                                                                                                       the Fee Schedule, effective 27, 2018, to
                                                                                                                                                                (providing that ‘‘[a]ny volume in options on NYSE
                                                                                                                                                                FANG+ (FAANG) would be included in
                                                                                                            1 15 U.S.C. 78s(b)(1).                              calculations to qualify for any volume-based
                                                                                                            2 15 U.S.C. 78a.                                    incentives currently being offered on the
                                                                                                            3 17 CFR 240.19b–4.                                 Exchange’’).



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Document Created: 2018-07-03 23:40:17
Document Modified: 2018-07-03 23:40:17
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 Citation83 FR 31435 

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