83 FR 40610 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 158 (August 15, 2018)

Page Range		40610-40611
FR Document		2018-17487

Federal Register, Volume 83 Issue 158 (Wednesday, August 15, 2018)

[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40610-40611]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17487]


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SECURITIES AND EXCHANGE COMMISSION


Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 
20549-2736.

Extension:
    Rule 17f-1(c) and Form X-17F-1A. SEC File No. 270-29, OMB 
Control No. 3235-0037.

    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-1(c) and Form X-17F-
1A (17 CFR 249.100) 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-1(c) requires approximately 10,100 entities in the 
securities industry to report lost, stolen, missing, or counterfeit 
securities certificates to the Commission or its designee, to a 
registered transfer agent for the issue, and, when criminal activity is 
suspected, to the Federal Bureau of Investigation. Such entities are 
required to use Form X-17F-1A to make such reports. Filing these 
reports fulfills a statutory requirement that reporting institutions 
report and inquire about missing, lost, counterfeit, or stolen 
securities. Since these reports are compiled in a central database, the 
rule facilitates reporting institutions to access the database that 
stores information for the Lost and Stolen Securities Program.
    We estimate that 10,100 reporting institutions will report that 
securities are either missing, lost, counterfeit, or stolen annually 
and that each reporting institution will submit this report 30 times 
each year. The staff estimates that the average amount of time 
necessary to comply with Rule 17f-1(c) and Form X-17F-1A is five 
minutes. The total burden is approximately 25,250 hours annually for 
respondents (10,100 times 30 times 5 divided by 60).
    Written comments are invited on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; (b) the accuracy of the agency's estimate of 
the burden of the proposed collection of information; (c) ways to 
enhance the quality, utility, and clarity of the information on 
respondents; 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

[[Page 40611]]

writing within 60 days of this publication.
    Rule 17f-1(c) is a reporting rule and does not specify a retention 
period. The rule requires an incident-based reporting requirement by 
the reporting institutions when securities certificates are discovered 
to be missing, lost, counterfeit, or stolen. Registering under Rule 
17f-1(c) is mandatory to obtain the benefit of a central database that 
stores information about missing, lost, counterfeit, or stolen 
securities for the Lost and Stolen Securities Program. Reporting 
institutions required to register under Rule 17f-1(c) will not be kept 
confidential; however, the Lost and Stolen Securities Program database 
will be kept confidential.
    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 
Candace Kenner, 100 F Street NE, Washington DC 20549, or send an email 
to: [email protected].

     Dated: August 9, 2018.
Eduardo A. Aleman.
Assistant Secretary.
[FR Doc. 2018-17487 Filed 8-14-18; 8:45 am]
 BILLING CODE 8011-01-P

40610 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices

exchanges, and to encourage liquidity Paper Comments Extension:
and should enable the Exchange to Rule 17f–1(c) and Form X–17F–1A. SEC
• Send paper comments in triplicate File No. 270–29, OMB Control No. 3235–
continue to attract and compete for to Secretary, Securities and Exchange
order flow with other exchanges. The 0037.
Commission, 100 F Street NE,
Exchange notes that it operates in a Washington, DC 20549–1090. Notice is hereby given that pursuant
highly competitive market in which to the Paperwork Reduction Act of 1995
All submissions should refer to File
market participants can readily favor (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Number SR–PEARL–2018–17. This file
competing venues if they deem fee Securities and Exchange Commission
number should be included on the
levels at a particular venue to be (‘‘Commission’’) is soliciting comments
subject line if email is used. To help the
excessive. In such an environment, the on the existing collection of information
Commission process and review your
Exchange must continually adjust its provided for in Rule 17f–1(c) and Form
comments more efficiently, please use
rebates and fees to remain competitive X–17F–1A (17 CFR 249.100) under the
only one method. The Commission will
with other exchanges and to attract Securities Exchange Act of 1934 (15
post all comments on the Commission’s
order flow. The Exchange believes that U.S.C. 78a et seq.). The Commission
internet website (http://www.sec.gov/
the proposed rule changes reflect this plans to submit this existing collection
rules/sro.shtml). Copies of the
competitive environment because they of information to the Office of
submission, all subsequent
modify the Exchange’s fees in a manner Management and Budget (‘‘OMB’’) for
amendments, all written statements
that encourages market participants to extension and approval.
with respect to the proposed rule
continue to provide liquidity and to Rule 17f–1(c) requires approximately
change that are filed with the
send order flow to the Exchange. 10,100 entities in the securities industry
Commission, and all written
C. Self-Regulatory Organization’s communications relating to the to report lost, stolen, missing, or
Statement on Comments on the proposed rule change between the counterfeit securities certificates to the
Proposed Rule Change Received From Commission and any person, other than Commission or its designee, to a
Members, Participants, or Others those that may be withheld from the registered transfer agent for the issue,
public in accordance with the and, when criminal activity is
Written comments were neither suspected, to the Federal Bureau of
provisions of 5 U.S.C. 552, will be
solicited nor received. Investigation. Such entities are required
available for website viewing and
III. Date of Effectiveness of the printing in the Commission’s Public to use Form X–17F–1A to make such
Proposed Rule Change and Timing for Reference Room, 100 F Street NE, reports. Filing these reports fulfills a
Commission Action Washington, DC 20549 on official statutory requirement that reporting
business days between the hours of institutions report and inquire about
The foregoing rule change has become missing, lost, counterfeit, or stolen
10:00 a.m. and 3:00 p.m. Copies of the
effective pursuant to Section securities. Since these reports are
filing also will be available for
19(b)(3)(A)(ii) of the Act,26 and Rule compiled in a central database, the rule
inspection and copying at the principal
19b–4(f)(2) 27 thereunder. At any time facilitates reporting institutions to
office of the Exchange. All comments
within 60 days of the filing of the access the database that stores
received will be posted without change.
proposed rule change, the Commission information for the Lost and Stolen
Persons submitting comments are
summarily may temporarily suspend Securities Program.
cautioned that we do not redact or edit
such rule change if it appears to the We estimate that 10,100 reporting
personal identifying information from
Commission that such action is institutions will report that securities
comment submissions. You should
necessary or appropriate in the public are either missing, lost, counterfeit, or
submit only information that you wish
interest, for the protection of investors, stolen annually and that each reporting
to make available publicly. All
or otherwise in furtherance of the institution will submit this report 30
submissions should refer to File
purposes of the Act. If the Commission times each year. The staff estimates that
Number SR–PEARL–2018–17, and
takes such action, the Commission shall the average amount of time necessary to
should be submitted on or before
institute proceedings to determine comply with Rule 17f–1(c) and Form X–
September 5, 2018.
whether the proposed rule should be 17F–1A is five minutes. The total
approved or disapproved. For the Commission, by the Division of burden is approximately 25,250 hours
Trading and Markets, pursuant to delegated
IV. Solicitation of Comments annually for respondents (10,100 times
authority.28
30 times 5 divided by 60).
Interested persons are invited to Eduardo A. Aleman,
Written comments are invited on: (a)
submit written data, views, and Assistant Secretary. Whether the proposed collection of
arguments concerning the foregoing, [FR Doc. 2018–17495 Filed 8–14–18; 8:45 am] information is necessary for the proper
including whether the proposed rule BILLING CODE 8011–01–P performance of the functions of the
change is consistent with the Act. agency, including whether the
Comments may be submitted by any of information shall have practical utility;
the following methods: SECURITIES AND EXCHANGE (b) the accuracy of the agency’s estimate
COMMISSION of the burden of the proposed collection
Electronic Comments
of information; (c) ways to enhance the
• Use the Commission’s internet Proposed Collection; Comment
quality, utility, and clarity of the
comment form (http://www.sec.gov/ Request
information on respondents; and (d)
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rules/sro.shtml); or Upon Written Request, Copies Available ways to minimize the burden of the
• Send an email to rule-comments@ From: Securities and Exchange collection of information on
sec.gov. Please include File Number SR– Commission, Office of FOIA Services, respondents, including through the use
PEARL–2018–17 on the subject line. 100 F Street NE, Washington, DC of automated collection techniques or
20549–2736. other forms of information technology.
26 15 U.S.C. 78s(b)(3)(A)(ii). Consideration will be given to
27 17 CFR 240.19b–4(f)(2). 28 17 CFR 200.30–3(a)(12). comments and suggestions submitted in

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Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40611

writing within 60 days of this is publishing this notice to solicit guarantee and novation of transactions
publication. comments on the proposed rule change submitted by Clearing Members through
Rule 17f–1(c) is a reporting rule and from interested persons. MBSD’s Clearing System.6
does not specify a retention period. The
I. Clearing Agency’s Statement of the II. Clearing Agency’s Statement of the
rule requires an incident-based
Terms of Substance of the Proposed Purpose of, and Statutory Basis for, the
reporting requirement by the reporting Rule Change Proposed Rule Change
institutions when securities certificates
are discovered to be missing, lost, The proposed rule change consists of In its filing with the Commission, the
counterfeit, or stolen. Registering under amendments to the FICC Mortgage-
clearing agency included statements
Rule 17f–1(c) is mandatory to obtain the Backed Securities Division (‘‘MBSD’’)
concerning the purpose of and basis for
benefit of a central database that stores electronic pool notification (‘‘EPN’’)
the proposed rule change and discussed
information about missing, lost, Rules (the ‘‘EPN Rules’’) 3 as described
any comments it received on the
counterfeit, or stolen securities for the below.
FICC is proposing to correct the EPN proposed rule change. The text of these
Lost and Stolen Securities Program. statements may be examined at the
Reporting institutions required to Rules by (i) deleting references to the
term ‘‘EPN Procedures,’’ (ii) amending places specified in Item IV below. The
register under Rule 17f–1(c) will not be clearing agency has prepared
kept confidential; however, the Lost and the definition of the term ‘‘Interested
Person’’ to delete the reference to summaries, set forth in sections A, B,
Stolen Securities Program database will and C below, of the most significant
be kept confidential. ‘‘Comparison Only System,’’ (iii)
deleting the defined term for ‘‘Par aspects of such statements.
An agency may not conduct or
sponsor, and a person is not required to Amount,’’ (iv) replacing references to (A) Clearing Agency’s Statement of the
respond to, a collection of information the term ‘‘Vice President’’ with the term Purpose of, and Statutory Basis for, the
under the PRA unless it displays a ‘‘Executive Director,’’ (v) amending Sec. Proposed Rule Change
currently valid OMB control number. 3 (Agreements of EPN User) in EPN Rule
1 (Requirements Applicable to EPN 1. Purpose
Please direct your written comments
to: Pamela Dyson, Director/Chief Users) of Article III (EPN Users) to FICC is proposing to correct the EPN
Information Officer, Securities and clarify an EPN User’s obligation to Rules by (i) deleting references to the
Exchange Commission, c/o Candace process Messages through the EPN term ‘‘EPN Procedures’’ because FICC
Kenner, 100 F Street NE, Washington system during a system disruption, and does not maintain EPN Procedures, (ii)
DC 20549, or send an email to: PRA_ (vi) amending EPN Rule 4 (Admission to amending the definition of the term
Mailbox@sec.gov. Premises of Corporation; Power of ‘‘Interested Person’’ to delete the
Attorney) of Article III (EPN Users) to reference to ‘‘Comparison Only System’’
Dated: August 9, 2018. replace a reference to ‘‘he’’ with ‘‘such because MBSD does not maintain a
Eduardo A. Aleman. person.’’ Comparison Only System, (iii) deleting
Assistant Secretary. FICC is proposing to amend various the defined term for ‘‘Par Amount’’
[FR Doc. 2018–17487 Filed 8–14–18; 8:45 am] sections in the EPN Rules to provide because this term is not used in the EPN
BILLING CODE 8011–01–P transparency to FICC’s existing Rules, (iv) replacing references to the
processes. Specifically, FICC is term ‘‘Vice President’’ with the term
proposing to amend EPN Rule 1 ‘‘Executive Director’’ because FICC no
SECURITIES AND EXCHANGE (Definitions) of Article I (Definitions and longer utilizes the Vice President title,
COMMISSION General Provisions); Section 2 (v) amending Sec. 3 (Agreements of EPN
[Release No. 34–83808; File No. SR–FICC–
(Limitations) in EPN Rule 1 (Accounts) User) in EPN Rule 1 (Requirements
2018–007] and Section 1 (Availability of Reports), Applicable to EPN Users) of Article III
Section 2 (Message Detail Report), (EPN Users) to clarify an EPN User’s
Self-Regulatory Organizations; Fixed Section 3 (Message Summary Report), obligation to process Messages through
Income Clearing Corporation; Notice of and Section 5 (Good Delivery; Time the EPN system during a system
Filing of Proposed Rule Change To Stamps) in EPN Rule 2 (Reports) of disruption because this change would
Correct Certain References, Provide Article II (Messages Processed by the be an accurate reflection of FICC’s
Transparency to Existing Processes Corporation); and EPN Rule 5 (Use of existing practice, and (vi) amending
and Amend Existing Practices in EPN Service) of Article III (EPN Users). EPN Rule 4 (Admission to Premises of
Connection With the Mortgage-Backed FICC is also proposing to amend its
Corporation; Power of Attorney) of
Securities Division Electronic Pool existing practice in connection with an
Article III (EPN User) to replace a
Notification Rules EPN User’s submission of a cancel and
reference to ‘‘he’’ with ‘‘such person’’
correct Message.4 Specifically, FICC is
August 9, 2018. because the reference to ‘‘such person’’
proposing to establish one good delivery would be gender neutral.
Pursuant to Section 19(b)(1) of the time stamp (referred to as the ‘‘T2’’ 5
Securities Exchange Act of 1934 time stamp) that reflects the same 6 MBSD maintains two sets of rulebooks. The EPN
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 processing time on the pool seller’s and Rules govern MBSD’s EPN Service, and the MBSD
notice is hereby given that on August 3, the pool buyer’s cancel and correct Clearing Rules (the ‘‘MBSD Rules’’) govern MBSD’s
2018, Fixed Income Clearing Message, respectively. The proposed clearance and settlement service. The MBSD Rules
Corporation (‘‘FICC’’) filed with the change would not affect FICC’s are available at http://www.dtcc.com/legal/rules-
and-procedures. Pursuant to the MBSD Rules, the
Securities and Exchange Commission
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term ‘‘Clearing System’’ means the (i) system of
(‘‘Commission’’) the proposed rule 3 Terms not defined herein are defined in the EPN
services provided by MBSD to persons that are
change as described in Items I, II and III Rules, available at http://www.dtcc.com/legal/rules- Clearing Members thereof, including trade
and-procedures. comparison, to-be-announced netting, pool
below, which Items have been prepared 4 See Article II, EPN Rule 2, Sec. 5, supra note
comparison, pool netting, and settlement, as
by the clearing agency. The Commission 3. applicable, and (ii) operations carried out by MBSD
5 The reference to ‘‘T2’’ does not relate to the two in the course of providing such services, as
1 15 U.S.C. 78s(b)(1). business days settlement cycle for broker-dealer provided in the MBSD Rules. See MBSD Rule 1,
2 17 CFR 240.19b–4. securities transactions, known as ‘‘T+2.’’ Definitions.

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Document Created: 2018-08-15 01:25:13
Document Modified: 2018-08-15 01:25:13

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 40610