83_FR_50931 83 FR 50736 - Proposed Collection; Comment Request

83 FR 50736 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 195 (October 9, 2018)

Page Range50736-50737
FR Document2018-21834

Federal Register, Volume 83 Issue 195 (Tuesday, October 9, 2018)
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Notices]
[Pages 50736-50737]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21834]


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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-2(a), SEC File No. 270-034, OMB Control No. 3235-0034

    Notice is hereby given that pursuant to the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange 
Commission (``Commission'') is soliciting comments on the existing 
collection of information provided for in Rule 17f-2(a) (17 CFR 
240.17f-2(a)), under the Securities Exchange Act of 1934 (15 U.S.C. 78a 
et seq.). The Commission plans to submit the existing collection of 
information to the Office of Management and Budget (``OMB'') for 
extension and approval. Rule 17f-2(a) (Fingerprinting Requirements for 
Securities Professionals) requires that securities professionals be 
fingerprinted. This requirement serves to identify security-risk 
personnel, to allow an employer to make fully informed employment

[[Page 50737]]

decisions, and to deter possible wrongdoers from seeking employment in 
the securities industry. Partners, directors, officers, and employees 
of exchanges, brokers, dealers, transfer agents, and clearing agencies 
are included.
    The Commission staff estimates that approximately 4,480 respondents 
will submit an aggregate total 289,780 new fingerprint cards each year 
or approximately 65 fingerprint cards per year per registrant. The 
staff estimates that the average number of hours necessary to complete 
a fingerprint card is one-half hour. Thus, the total estimated annual 
burden is 144,890 hours for all respondents (289,780 times one-half 
hour). The average internal labor cost of compliance per hour is 
approximately $283. Therefore, the total estimated annual internal 
labor cost of compliance for all respondents is $41,003,870 (144,890 
times $283).
    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 to 
be 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.
    The Commission 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. Please direct your written comments to: 
Charles Riddle, Acting 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: October 3, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-21834 Filed 10-5-18; 8:45 am]
 BILLING CODE 8011-01-P



                                              50736                           Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices

                                              B. Self-Regulatory Organization’s                          effective date of FINRA’s proposed rule               those that may be withheld from the
                                              Statement on Burden on Competition                         change on which the proposal is                       public in accordance with the
                                                The Exchange does not believe that                       based.58 The waiver of the operative                  provisions of 5 U.S.C. 552, will be
                                              the proposed rule change will impose                       delay would make the Exchange’s                       available for website viewing and
                                              any burden on competition that is not                      qualification requirements consistent                 printing in the Commission’s Public
                                              necessary or appropriate in furtherance                    with those of FINRA, as of October 1,                 Reference Room, 100 F Street NE,
                                              of the purposes of the Act. The                            2018. Therefore, the Commission                       Washington, DC 20549, on official
                                              proposed amendments are intended to                        believes that the waiver of the 30-day                business days between the hours of
                                              promote transparency in the Exchange’s                     operative delay is consistent with the                10:00 a.m. and 3:00 p.m. Copies of the
                                              rules, and consistency with the rules of                   protection of investors and the public                filing also will be available for
                                              other SROs with respect to the                             interest and hereby waives the 30-day                 inspection and copying at the principal
                                              examination, qualification, and                            operative delay and designates the                    office of the Exchange. All comments
                                              continuing education requirements                          proposal operative on October 1, 2018.59              received will be posted without change.
                                              applicable to member organizations and                        At any time within 60 days of the                  Persons submitting comments are
                                              their registered personnel. The                            filing of the proposed rule change, the               cautioned that we do not redact or edit
                                              Exchange believes that in that regard                      Commission summarily may                              personal identifying information from
                                              that any burden on competition would                       temporarily suspend such rule change if               comment submissions. You should
                                              be clearly outweighed by the important                     it appears to the Commission that such                submit only information that you wish
                                              regulatory goal of ensuring clear and                      action is necessary or appropriate in the             to make available publicly. All
                                              consistent requirements applicable                         public interest, for the protection of                submissions should refer to File
                                              across SROs, avoiding duplication, and                     investors, or otherwise in furtherance of             Number SR–NYSE–2018–44 and should
                                              mitigating any risk of SROs                                the purposes of the Act.                              be submitted on or before October 30,
                                              implementing different standards in                        IV. Solicitation of Comments                          2018.
                                              these important areas.                                       Interested persons are invited to                     For the Commission, by the Division of
                                                Further, the Exchange does not                                                                                 Trading and Markets, pursuant to delegated
                                                                                                         submit written data, views, and
                                              believe that the proposed amendments                                                                             authority.60
                                                                                                         arguments concerning the foregoing,
                                              will affect competition among securities                                                                         Eduardo A. Aleman,
                                                                                                         including whether the proposed rule
                                              markets since all SROs are expected to                                                                           Assistant Secretary.
                                                                                                         change is consistent with the Act.
                                              adopt similar rules with uniform
                                                                                                         Comments may be submitted by any of                   [FR Doc. 2018–21781 Filed 10–5–18; 8:45 am]
                                              standards for qualification, registration
                                                                                                         the following methods:                                BILLING CODE 8011–01–P
                                              and continuing education requirements.
                                                                                                         Electronic Comments
                                              C. Self-Regulatory Organization’s
                                              Statement on Comments on the                                 • Use the Commission’s internet                     SECURITIES AND EXCHANGE
                                              Proposed Rule Change Received From                         comment form (http://www.sec.gov/                     COMMISSION
                                              Members, Participants, or Others                           rules/sro.shtml); or
                                                                                                           • Send an email to rule-comments@                   Proposed Collection; Comment
                                                No written comments were solicited                                                                             Request
                                                                                                         sec.gov. Please include File Number SR–
                                              or received with respect to the proposed
                                                                                                         NYSE–2018–44 on the subject line.
                                              rule change.                                                                                                     Upon Written Request, Copies Available
                                                                                                         Paper Comments                                         From: Securities and Exchange
                                              III. Date of Effectiveness of the
                                              Proposed Rule Change and Timing for                          • Send paper comments in triplicate                  Commission, Office of FOIA Services,
                                              Commission Action                                          to Secretary, Securities and Exchange                  100 F Street NE, Washington, DC
                                                                                                         Commission, 100 F Street NE,                           20549–2736
                                                 Because the foregoing proposed rule
                                                                                                         Washington, DC 20549–1090.                            Extension:
                                              change does not: (i) Significantly affect
                                                                                                         All submissions should refer to File                    Rule 17f–2(a), SEC File No. 270–034, OMB
                                              the protection of investors or the public                                                                            Control No. 3235–0034
                                              interest; (ii) impose any significant                      Number SR–NYSE–2018–44. This file
                                              burden on competition; and (iii) become                    number should be included on the                         Notice is hereby given that pursuant
                                              operative for 30 days from the date on                     subject line if email is used. To help the            to the Paperwork Reduction Act of 1995
                                              which it was filed, or such shorter time                   Commission process and review your                    (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the
                                              as the Commission may designate, it has                    comments more efficiently, please use                 Securities and Exchange Commission
                                              become effective pursuant to Section                       only one method. The Commission will                  (‘‘Commission’’) is soliciting comments
                                              19(b)(3)(A) of the Act 56 and Rule 19b–                    post all comments on the Commission’s                 on the existing collection of information
                                              4(f)(6) thereunder.                                        internet website (http://www.sec.gov/                 provided for in Rule 17f–2(a) (17 CFR
                                                 A proposed rule change filed under                      rules/sro.shtml). Copies of the                       240.17f–2(a)), under the Securities
                                              Rule 19b–4(f)(6) normally does not                         submission, all subsequent                            Exchange Act of 1934 (15 U.S.C. 78a et
                                              become operative for 30 days from the                      amendments, all written statements                    seq.). The Commission plans to submit
                                              date of filing. However, Rule 19b–                         with respect to the proposed rule                     the existing collection of information to
                                              4(f)(6)(iii) 57 permits the Commission to                  change that are filed with the                        the Office of Management and Budget
                                              designate a shorter time if such action                    Commission, and all written                           (‘‘OMB’’) for extension and approval.
                                              is consistent with the protection of                       communications relating to the                        Rule 17f–2(a) (Fingerprinting
                                              investors and the public interest. The                     proposed rule change between the                      Requirements for Securities
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                                              Exchange has asked the Commission to                       Commission and any person, other than                 Professionals) requires that securities
                                              waive the 30-day operative delay so that                                                                         professionals be fingerprinted. This
                                              the proposal may become operative on                         58 See supra note 5.                                requirement serves to identify security-
                                                                                                           59 For purposes only of waiving the 30-day
                                              October 1, 2018 to coincide with the                                                                             risk personnel, to allow an employer to
                                                                                                         operative delay, the Commission has also
                                                                                                         considered the proposed rule’s impact on
                                                                                                                                                               make fully informed employment
                                                56 15   U.S.C. 78s(b)(3)(A).                             efficiency, competition, and capital formation. See
                                                57 17   CFR 240.19b–4(f)(6)(iii).                        15 U.S.C. 78c(f).                                       60 17   CFR 200.30–3(a)(12).



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                                                                           Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices                                                      50737

                                              decisions, and to deter possible                        SECURITIES AND EXCHANGE                               personally or by mail. Hearing requests
                                              wrongdoers from seeking employment                      COMMISSION                                            should be received by the Commission
                                              in the securities industry. Partners,                                                                         by 5:30 p.m. on October 29, 2018, and
                                                                                                      [Investment Company Act Release No.
                                              directors, officers, and employees of                                                                         should be accompanied by proof of
                                                                                                      33263; 812–14923]
                                              exchanges, brokers, dealers, transfer                                                                         service on applicants, in the form of an
                                              agents, and clearing agencies are                       Vident Advisory, LLC et al.                           affidavit, or for lawyers, a certificate of
                                              included.                                                                                                     service. Pursuant to rule 0–5 under the
                                                                                                      October 3, 2018.                                      Act, hearing requests should state the
                                                 The Commission staff estimates that                  AGENCY: Securities and Exchange                       nature of the writer’s interest, any facts
                                              approximately 4,480 respondents will                    Commission (‘‘Commission’’).                          bearing upon the desirability of a
                                              submit an aggregate total 289,780 new                   ACTION: Notice.                                       hearing on the matter, the reason for the
                                              fingerprint cards each year or                                                                                request, and the issues contested.
                                              approximately 65 fingerprint cards per                     Notice of an application for an order              Persons who wish to be notified of a
                                              year per registrant. The staff estimates                under section 6(c) of the Investment                  hearing may request notification by
                                              that the average number of hours                        Company Act of 1940 (the ‘‘Act’’) for an              writing to the Commission’s Secretary.
                                              necessary to complete a fingerprint card                exemption from sections 2(a)(32),                     ADDRESSES: Secretary, Securities and
                                              is one-half hour. Thus, the total                       5(a)(1), 22(d), and 22(e) of the Act and              Exchange Commission, 100 F Street NE,
                                              estimated annual burden is 144,890                      rule 22c–1 under the Act, under                       Washington, DC 20549–1090;
                                              hours for all respondents (289,780 times                sections 6(c) and 17(b) of the Act for an             Applicants: Vident Advisory, LLC, 300
                                              one-half hour). The average internal                    exemption from sections 17(a)(1) and                  Colonial Center Parkway, Suite 330,
                                              labor cost of compliance per hour is                    17(a)(2) of the Act, and under section                Roswell, GA 30076 and ETF Series
                                              approximately $283. Therefore, the total                12(d)(1)(J) for an exemption from                     Solutions, 615 E. Michigan Street,
                                              estimated annual internal labor cost of                 sections 12(d)(1)(A) and 12(d)(1)(B) of               Milwaukee, WI 53202.
                                              compliance for all respondents is                       the Act. The requested order would                    FOR FURTHER INFORMATION CONTACT:
                                                                                                      permit (a) index-based series of certain              Rachel Loko, Senior Counsel, at (202)
                                              $41,003,870 (144,890 times $283).
                                                                                                      open-end management investment                        551–6883, or Aaron Gilbride, Branch
                                                 Written comments are invited on: (a)                 companies (‘‘Funds’’) to issue shares                 Chief, at (202) 551–6906 (Division of
                                              Whether the proposed collection of                      redeemable in large aggregations                      Investment Management, Chief
                                              information is necessary for the proper                 (‘‘Creation Units’’); (b) secondary market            Counsel’s Office).
                                              performance of the functions of the                     transactions in Fund shares to occur at               SUPPLEMENTARY INFORMATION: The
                                              Commission, including whether the                       negotiated market prices rather than at               following is a summary of the
                                              information shall have practical utility;               net asset value (‘‘NAV’’); (c) certain                application. The complete application
                                              (b) the accuracy of the Commission’s                    Funds to pay redemption proceeds,                     may be obtained via the Commission’s
                                              estimates of the burden of the proposed                 under certain circumstances, more than                website by searching for the file
                                              collection of information; (c) ways to                  seven days after the tender of shares for             number, or for an applicant using the
                                              enhance the quality, utility, and clarity               redemption; (d) certain affiliated                    Company name box, at http://
                                              of the information to be collected; and                 persons of a Fund to deposit securities               www.sec.gov/search/search.htm or by
                                              (d) ways to minimize the burden of the                  into, and receive securities from, the                calling (202) 551–8090.
                                              collection of information on                            Fund in connection with the purchase
                                                                                                      and redemption of Creation Units; (e)                 Summary of the Application
                                              respondents, including through the use
                                              of automated collection techniques or                   certain registered management                            1. Applicants request an order that
                                              other forms of information technology.                  investment companies and unit                         would allow Funds to operate as index
                                                                                                      investment trusts outside of the same                 exchange traded funds (‘‘ETFs’’).1 Fund
                                              Consideration will be given to
                                                                                                      group of investment companies as the                  shares will be purchased and redeemed
                                              comments and suggestions submitted in
                                                                                                      Funds (‘‘Funds of Funds’’) to acquire                 at their NAV in Creation Units. All
                                              writing within 60 days of this
                                                                                                      shares of the Funds; and (f) certain                  orders to purchase Creation Units and
                                              publication.                                            Funds to issue Shares in less than                    all redemption requests will be placed
                                                 The Commission may not conduct or                    Creation Unit size to investors                       by or through an ‘‘Authorized
                                              sponsor a collection of information                     participating in a distribution                       Participant,’’ which will have signed a
                                              unless it displays a currently valid OMB                reinvestment program.                                 participant agreement with the
                                              control number. No person shall be                      APPLICANTS: ETF Series Solutions (the                 Distributor. Shares will be listed and
                                              subject to any penalty for failing to                   ‘‘Trust’’), a Delaware statutory trust                traded individually on a national
                                              comply with a collection of information                 registered under the Act as an open-end               securities exchange, where share prices
                                              subject to the PRA that does not display                management investment company with
                                                                                                                                                               1 Applicants request that the order apply to any
                                              a valid OMB control number. Please                      multiple series and Vident Advisory,
                                                                                                                                                            series of the Trust and any other open-end
                                              direct your written comments to:                        LLC (the ‘‘Initial Adviser’’), a Delaware             management investment company or series thereof
                                              Charles Riddle, Acting Director/Chief                   limited liability company registered as               (‘‘Funds’’), each of which will operate as an ETF,
                                              Information Officer, Securities and                     an investment adviser under the                       and will track a specified index comprised of
                                                                                                      Investment Advisers Act of 1940.                      domestic and/or foreign equity securities and/or
                                              Exchange Commission, c/o Candace                                                                              domestic and/or foreign fixed income securities
                                              Kenner, 100 F Street NE, Washington,                    FILING DATES: The application was filed               (each, an ‘‘Underlying Index’’). Any Fund will (a)
                                              DC 20549; or send an email to: PRA_                     on June 22, 2018.                                     be advised by the Initial Adviser or an entity
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                                                                                                                                                            controlling, controlled by, or under common
                                              Mailbox@sec.gov.                                        HEARING OR NOTIFICATION OF HEARING: An
                                                                                                                                                            control with the Initial Adviser (each such entity
                                                Dated: October 3, 2018.                               order granting the requested relief will              and any successor thereto, an ‘‘Adviser’’) and (b)
                                                                                                      be issued unless the Commission orders                comply with the terms and conditions of the
                                              Eduardo A. Aleman,                                                                                            application. For purposes of the requested order, a
                                                                                                      a hearing. Interested persons may
                                              Assistant Secretary.                                                                                          ‘‘successor’’ is limited to an entity or entities that
                                                                                                      request a hearing by writing to the                   result from a reorganization into another
                                              [FR Doc. 2018–21834 Filed 10–5–18; 8:45 am]             Commission’s Secretary and serving                    jurisdiction or a change in the type of business
                                              BILLING CODE 8011–01–P                                  applicants with a copy of the request,                organization.



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Document Created: 2018-10-06 00:58:40
Document Modified: 2018-10-06 00:58:40
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 50736 

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