83_FR_39637 83 FR 39483 - Submission for OMB Review; Comment Request

83 FR 39483 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 154 (August 9, 2018)

Page Range39483-39484
FR Document2018-16999

Federal Register, Volume 83 Issue 154 (Thursday, August 9, 2018)
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39483-39484]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16999]


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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:
    Form ADV-E, SEC File No. 270-318, OMB Control No. 3235-0361

    Notice is hereby given that, pursuant to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (the

[[Page 39484]]

``Commission'') has submitted to the Office of Management and Budget a 
request for extension of the previously approved collection of 
information discussed below.
    Form ADV-E (17 CFR 279.8) is the cover sheet for certificates of 
accounting filed pursuant to rule 206(4)-2 under the Investment 
Advisers Act of 1940 (17 CFR 275.206(4)-2). The rule further requires 
that the public accountant file with the Commission a Form ADV-E and 
accompanying statement within four business days of the resignation, 
dismissal, removal or other termination of its engagement.
    The Commission has estimated that compliance with the requirement 
to complete Form ADV-E imposes a total burden of approximately 0.05 
hours (3 minutes) per respondent. Based on current information from 
advisers registered with the Commission, the Commission staff estimates 
that 1,749 filings will be submitted with respect to surprise 
examinations and 38 filings will be submitted with respect to 
termination of accountants. Based on these estimates, the total 
estimated annual burden would be 89.35 hours ((1,749 filings x .05 
hours) + (38 filings x .05 hours)).
    The information provided on Form ADV-E is mandatory. Responses will 
not be kept confidential. An agency may not conduct or sponsor a 
collection of information unless it displays a currently valid OMB 
control number. No person shall be subject to any penalty for failing 
to comply with a collection of information subject to the PRA that does 
not display a valid OMB control number.
    The public may view the background documentation for this 
information collection at the following website, 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 send an email to: 
[email protected]. Comments must be submitted to OMB within 30 days 
of this notice.

    Dated: August 3, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-16999 Filed 8-8-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices                                                 39483

                                                align with the cost of delivering the                   respect to variable products would                    number should be included on the
                                                proposed subaccount data feature, and                   provide asset managers a better                       subject line if email is used. To help the
                                                such fees would be allocated equitably                  understanding of client requirements                  Commission process and review your
                                                among the entities that subscribe for                   and allow asset managers to adjust their              comments more efficiently, please use
                                                access to the subaccount data.                          products so that they are better suited               only one method. The Commission will
                                                Specifically, the costs to NSCC for                     for clients of variable annuities and                 post all comments on the Commission’s
                                                providing the feature would include                     variable life insurance contracts. NSCC               internet website (http://www.sec.gov/
                                                building the capability to separate the                 believes this would enhance                           rules/sro.shtml). Copies of the
                                                subaccount data from the FAR files sent                 competition among asset managers by                   submission, all subsequent
                                                by insurance carriers, segregating such                 enabling each to more quickly provide                 amendments, all written statements
                                                data by asset manager, drafting and                     competing products meeting client                     with respect to the proposed rule
                                                negotiating agreements with asset                       requirements.                                         change that are filed with the
                                                managers relating to receiving the data                                                                       Commission, and all written
                                                and drafting and negotiating agreements                 (C) Clearing Agency’s Statement on
                                                                                                                                                              communications relating to the
                                                with service providers who are                          Comments on the Proposed Rule
                                                                                                                                                              proposed rule change between the
                                                receiving and distributing subaccount                   Change Received From Members,
                                                                                                                                                              Commission and any person, other than
                                                data on behalf of asset managers. NSCC                  Participants, or Others
                                                                                                                                                              those that may be withheld from the
                                                believes that the costs for adding and                    NSCC has not received or solicited                  public in accordance with the
                                                operating the feature on behalf of asset                any written comments relating to this                 provisions of 5 U.S.C. 552, will be
                                                managers would be approximately equal                   proposal. NSCC will notify the                        available for website viewing and
                                                to the fees anticipated to be received by               Commission of any written comments                    printing in the Commission’s Public
                                                NSCC from the asset managers for use                    received by NSCC.                                     Reference Room, 100 F Street NE,
                                                of this feature. In addition, such fees                                                                       Washington, DC 20549 on official
                                                would be charged only to those asset                    III. Date of Effectiveness of the
                                                                                                        Proposed Rule Change, and Timing for                  business days between the hours of
                                                managers that choose to subscribe to the                                                                      10:00 a.m. and 3:00 p.m. Copies of the
                                                feature. Therefore, by establishing fees                Commission Action
                                                                                                                                                              filing also will be available for
                                                that align with the cost of delivery of                    The foregoing rule change has become               inspection and copying at the principal
                                                this feature and allocating those fees                  effective pursuant to Section                         office of NSCC and on DTCC’s website
                                                equitably among the subscribing asset                   19(b)(3)(A) 12 of the Act and                         (http://dtcc.com/legal/sec-rule-
                                                managers, the proposed rule change                      subparagraphs (f)(2) 13 and (f)(4) 14 of              filings.aspx). All comments received
                                                would provide for the equitable                         Rule 19b–4 thereunder. At any time                    will be posted without change; the
                                                allocation of reasonable dues, fees and                 within 60 days of the filing of the                   Commission does not edit personal
                                                other charges among its participants                    proposed rule change, the Commission                  identifying information from
                                                consistent with the requirements of                     summarily may temporarily suspend                     submissions. You should submit only
                                                Section 17A(b)(3)(D) of the Act.11                      such rule change if it appears to the                 information that you wish to make
                                                (B) Clearing Agency’s Statement on                      Commission that such action is                        available publicly. All submissions
                                                Burden on Competition                                   necessary or appropriate in the public                should refer to File Number SR–NSCC–
                                                                                                        interest, for the protection of investors,            2018–005 and should be submitted on
                                                   NSCC does not believe that the                       or otherwise in furtherance of the
                                                proposed rule change would have any                                                                           or before August 30, 2018.
                                                                                                        purposes of the Act.
                                                adverse impact, or impose any burden,                                                                           For the Commission, by the Division of
                                                on competition because the proposed                     IV. Solicitation of Comments                          Trading and Markets, pursuant to delegated
                                                rule change would add an optional                                                                             authority.15
                                                                                                          Interested persons are invited to
                                                feature to NSCC’s services that would                   submit written data, views and                        Eduardo A. Aleman,
                                                provide access by asset managers to                     arguments concerning the foregoing,                   Assistant Secretary.
                                                transaction-specific subaccount data                    including whether the proposed rule                   [FR Doc. 2018–17007 Filed 8–8–18; 8:45 am]
                                                that is included within the FAR files. As               change is consistent with the Act.                    BILLING CODE 8011–01–P
                                                an optional feature available for                       Comments may be submitted by any of
                                                subscription, the proposed rule change                  the following methods:
                                                would not disproportionally impact any                                                                        SECURITIES AND EXCHANGE
                                                NSCC participants.                                      Electronic Comments                                   COMMISSION
                                                   Moreover, because the proposed rule                    • Use the Commission’s internet
                                                change would allow asset managers to                    comment form (http://www.sec.gov/                     Submission for OMB Review;
                                                receive transaction-specific subaccount                 rules/sro.shtml); or                                  Comment Request
                                                data and use that information to better                   • Send an email to rule-comments@                   Upon Written Request, Copies Available
                                                service the funds and assets within                     sec.gov. Please include File Number SR–                From: Securities and Exchange
                                                variable products, NSCC believes the                    NSCC–2018–005 on the subject line.                     Commission, Office of FOIA Services,
                                                proposed rule change would have a
                                                                                                        Paper Comments                                         100 F Street NE, Washington, DC
                                                positive effect on competition among
                                                                                                                                                               20549–2736
                                                asset managers. The proposed feature                      • Send paper comments in triplicate
                                                would provide these firms with a                        to Secretary, Securities and Exchange                 Extension:
                                                                                                                                                                Form ADV–E, SEC File No. 270–318, OMB
sradovich on DSK3GMQ082PROD with NOTICES




                                                method of receiving transaction-specific                Commission, 100 F Street NE,
                                                                                                                                                                  Control No. 3235–0361
                                                subaccount data similar to the                          Washington, DC 20549.
                                                information that such asset managers                    All submissions should refer to File                    Notice is hereby given that, pursuant
                                                currently receive with respect to retail                Number SR–NSCC–2018–005. This file                    to the Paperwork Reduction Act of 1995
                                                mutual funds. Receiving transaction-                                                                          (44 U.S.C. 3501 et seq.), the Securities
                                                specific subaccount information with                      12 15 U.S.C 78s(b)(3)(A).                           and Exchange Commission (the
                                                                                                          13 17 CFR 240.19b–4(f)(2).
                                                  11 Id.                                                  14 17 CFR 240.19b–4(f)(4).                            15 17   CFR 200.30–3(a)(12).



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                                                39484                        Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices

                                                ‘‘Commission’’) has submitted to the                    SECURITIES AND EXCHANGE                                 define these terms at Chapter I, Section
                                                Office of Management and Budget a                       COMMISSION                                              1 to bring greater transparency to BX
                                                request for extension of the previously                                                                         rules. In addition, the Exchange notes
                                                                                                        [Release No. 34–83770; File No. SR–BX–
                                                approved collection of information                      2018–035]
                                                                                                                                                                that the terms, ‘‘in-the-money’’ and
                                                discussed below.                                                                                                ‘‘out-of-the-money’’ are generally
                                                   Form ADV–E (17 CFR 279.8) is the                     Self-Regulatory Organizations; Nasdaq                   accepted terms in the options industry.
                                                cover sheet for certificates of accounting              BX, Inc.; Notice of Filing and                          These terms are utilized throughout the
                                                filed pursuant to rule 206(4)–2 under                   Immediate Effectiveness of Proposed                     options industry. The Exchange desires
                                                the Investment Advisers Act of 1940 (17                 Rule Change To Amend BX Options                         for its Participants to have a clear
                                                CFR 275.206(4)–2). The rule further                     Rules at Chapter I, Section 1 To Define                 understanding of how BXs System
                                                requires that the public accountant file                Certain Terms                                           defines these terms.
                                                with the Commission a Form ADV–E                                                                                   The Exchange proposes to define an
                                                                                                        August 3, 2018.                                         ‘‘in-of-the-money’’ option at Chapter I,
                                                and accompanying statement within
                                                four business days of the resignation,                     Pursuant to Section 19(b)(1) of the                  Section 1(a)(68). The Exchange proposes
                                                dismissal, removal or other termination                 Securities Exchange Act of 1934                         that the term ‘‘in-the-money’’ shall
                                                of its engagement.                                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 mean the following: For call options, all
                                                                                                        notice is hereby given that on July 23,                 strike prices below the offer in the
                                                   The Commission has estimated that                    2018, Nasdaq BX, Inc. (‘‘BX’’ or                        underlying security on the primary
                                                compliance with the requirement to                      ‘‘Exchange’’) filed with the Securities                 listing market; for put options, all strike
                                                complete Form ADV–E imposes a total                     and Exchange Commission (‘‘SEC’’ or                     prices above the bid in the underlying
                                                burden of approximately 0.05 hours (3                   ‘‘Commission’’) the proposed rule                       security on the primary listing market.
                                                minutes) per respondent. Based on                       change as described in Items I and II                   The Exchange proposes to define an
                                                current information from advisers                       below, which Items have been prepared                   ‘‘out-of-the-money’’ option at Chapter I,
                                                registered with the Commission, the                     by the Exchange. The Commission is                      Section 1(a)(69). The Exchange proposes
                                                Commission staff estimates that 1,749                   publishing this notice to solicit                       that the term ‘‘out-of-the-money’’ shall
                                                filings will be submitted with respect to               comments on the proposed rule change                    mean the following: For call options, all
                                                surprise examinations and 38 filings                    from interested persons.                                strike prices above the offer in the
                                                will be submitted with respect to
                                                                                                        I. Self-Regulatory Organization’s                       underlying security on the primary
                                                termination of accountants. Based on
                                                                                                        Statement of the Terms of Substance of                  listing market; for put options, all strike
                                                these estimates, the total estimated
                                                                                                        the Proposed Rule Change                                prices below the bid in the underlying
                                                annual burden would be 89.35 hours
                                                                                                                                                                security on the primary listing market.
                                                ((1,749 filings × .05 hours) + (38 filings                 The Exchange proposes to amend BX
                                                × .05 hours)).                                          Options Rules at Chapter I, Section 1 to                2. Statutory Basis
                                                   The information provided on Form                     define certain terms.                                      The Exchange believes that its
                                                ADV–E is mandatory. Responses will                         The text of the proposed rule change                 proposal is consistent with Section 6(b)
                                                not be kept confidential. An agency may                 is available on the Exchange’s website at               of the Act,3 in general, and furthers the
                                                not conduct or sponsor a collection of                  http://nasdaqbx.cchwallstreet.com/, at                  objectives of Section 6(b)(5) of the Act,4
                                                information unless it displays a                        the principal office of the Exchange, and               in particular, in that it is designed to
                                                currently valid OMB control number.                     at the Commission’s Public Reference                    promote just and equitable principles of
                                                No person shall be subject to any                       Room.                                                   trade, to remove impediments to and
                                                penalty for failing to comply with a                    II. Self-Regulatory Organization’s                      perfect the mechanism of a free and
                                                collection of information subject to the                Statement of the Purpose of, and                        open market and a national market
                                                PRA that does not display a valid OMB                   Statutory Basis for, the Proposed Rule                  system, and, in general to protect
                                                control number.                                         Change                                                  investors and the public interest. The
                                                   The public may view the background                                                                           Exchange’s proposal to define the terms
                                                documentation for this information                         In its filing with the Commission, the
                                                                                                                                                                ‘‘in-the-money’’ and ‘‘out-of-the-money’’
                                                collection at the following website,                    Exchange included statements
                                                                                                                                                                options is consistent with the Act and
                                                www.reginfo.gov. Comments should be                     concerning the purpose of and basis for
                                                                                                                                                                protects investors and the public
                                                directed to: (i) Desk Officer for the                   the proposed rule change and discussed
                                                                                                                                                                interest by bringing greater transparency
                                                Securities and Exchange Commission,                     any comments it received on the
                                                                                                                                                                to the Rulebook. In addition, the
                                                Office of Information and Regulatory                    proposed rule change. The text of these
                                                                                                                                                                Exchange notes that the terms, ‘‘in-the-
                                                Affairs, Office of Management and                       statements may be examined at the
                                                                                                                                                                money’’ and ‘‘out-of-the-money’’ are
                                                Budget, Room 10102, New Executive                       places specified in Item IV below. The
                                                                                                                                                                generally accepted terms in the options
                                                Office Building, Washington, DC 20503,                  Exchange has prepared summaries, set
                                                                                                                                                                industry. These terms are utilized
                                                or by sending an email to: Shagufta_                    forth in sections A, B, and C below, of
                                                                                                                                                                throughout the options industry. The
                                                Ahmed@omb.eop.gov; and (ii) Pamela                      the most significant aspects of such
                                                                                                                                                                Exchange desires for its Participants to
                                                Dyson, Director/Chief Information                       statements.
                                                                                                                                                                have a clear understanding of how BX’s
                                                Officer, Securities and Exchange                        A. Self-Regulatory Organization’s                       System defines these terms.
                                                Commission, c/o Candace Kenner, 100 F                   Statement of the Purpose of, and
                                                                                                                                                                B. Self-Regulatory Organization’s
                                                Street NE, Washington, DC 20549 or                      Statutory Basis for, the Proposed Rule
                                                                                                                                                                Statement on Burden on Competition
                                                send an email to: PRA_Mailbox@                          Change
sradovich on DSK3GMQ082PROD with NOTICES




                                                sec.gov. Comments must be submitted to                                                                            The Exchange does not believe that
                                                                                                        1. Purpose                                              the proposed rule change will impose
                                                OMB within 30 days of this notice.
                                                                                                           BX rules currently do not define an                  any burden on competition not
                                                  Dated: August 3, 2018.
                                                                                                        ‘‘in-the-money’’ or ‘‘out-of-the-money’’                necessary or appropriate in furtherance
                                                Eduardo A. Aleman,
                                                                                                        option. The Exchange proposes to                        of the purposes of the Act. The
                                                Assistant Secretary.
                                                [FR Doc. 2018–16999 Filed 8–8–18; 8:45 am]                1 15   U.S.C. 78s(b)(1).                                3 15   U.S.C. 78f(b).
                                                BILLING CODE 8011–01–P                                    2 17   CFR 240.19b–4.                                   4 15   U.S.C. 78f(b)(5).



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Document Created: 2018-08-09 01:11:03
Document Modified: 2018-08-09 01:11:03
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 39483 

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