83_FR_64628 83 FR 64388 - Submission for OMB Review; Comment Request

83 FR 64388 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 240 (December 14, 2018)

Page Range64388-64389
FR Document2018-27091

Federal Register, Volume 83 Issue 240 (Friday, December 14, 2018)
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Notices]
[Pages 64388-64389]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-27091]


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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-359, OMB Control No. 3235-0410]


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:

[[Page 64389]]

    Rules 17h-1T and 17h-2T

    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 Office of Management 
and Budget (``OMB'') a request for approval of extension of the 
previously approved collection of information provided for in Rules 
17h-1T and 17h-2T (17 CFR 240.17h-1T and 17 CFR 240.17h-2T), under the 
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).
    Rule 17h-1T requires a covered broker-dealer to maintain and 
preserve records and other information concerning certain entities that 
are associated with the broker-dealer. This requirement extends to the 
financial and securities activities of the holding company, affiliates 
and subsidiaries of the broker-dealer that are reasonably likely to 
have a material impact on the financial or operational condition of the 
broker-dealer. Rule 17h-2T requires a covered broker-dealer to file 
with the Commission quarterly reports and a cumulative year-end report 
concerning the information required to be maintained and preserved 
under Rule 17h-1T.
    The collection of information required by Rules 17h-1T and 17h-2T, 
collectively referred to as the ``risk assessment rules,'' is necessary 
to enable the Commission to monitor the activities of a broker-dealer 
affiliate whose business activities are reasonably likely to have a 
material impact on the financial or operational condition of the 
broker-dealer. Without this information, the Commission would be unable 
to assess the potentially damaging impact of the affiliate's activities 
on the broker-dealer.
    There are currently 285 respondents that must comply with Rules 
17h-1T and 17h-2T. Each of these 285 respondents are estimated to 
require 10 hours per year to maintain the records required under Rule 
17h-1T, for an aggregate estimated annual burden of 2,850 hours (285 
respondents x 10 hours). In addition, each of these 285 respondents 
must make five annual responses under Rule 17h-2T. These five responses 
are estimated to require 14 hours per respondent per year for an 
aggregate estimated annual burden of 3,990 hours (285 respondents x 14 
hours).
    In addition, new respondents must draft an organizational chart 
required under Rule 17h-1T and establish a system for complying with 
the risk assessment rules. The staff estimates that drafting the 
required organizational chart requires one hour and establishing a 
system for complying with the risk assessment rules requires three 
hours. Based on the reduction in the number of filers in recent years, 
the staff estimates there will be zero new respondents, and thus, a 
corresponding estimated burden of zero hours for new respondents. Thus, 
the total compliance burden per year is approximately 6,840 burden 
hours (2,850 hours + 3,990 hours).
    The retention period for the recordkeeping requirement for the 
information, reports and records required under Rule 17h-1T is not less 
than three years. There is no specific retention period or 
recordkeeping requirement for Rule 17h-2T. The collection of 
information is mandatory. All information obtained by the Commission 
pursuant to the provisions of Rules 17h-1T and 17h-2T from a broker or 
dealer concerning a material associated person is deemed confidential 
information for the purposes of section 24(b) of the Exchange Act.
    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: 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) Charles Riddle, Acting 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 to OMB within 
30 days of this notice.

    Dated: December 10, 2018.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2018-27091 Filed 12-13-18; 8:45 am]
 BILLING CODE 8011-01-P



                                              64388                         Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices

                                              B. Self-Regulatory Organization’s                            A proposed rule change filed                           Commission, 100 F Street NE,
                                              Statement on Burden on Competition                        pursuant to Rule 19b–4(f)(6) under the                    Washington, DC 20549–1090.
                                                 The Exchange does not believe that                     Act 27 normally does not become                           All submissions should refer to File
                                              the proposed rule change will impose                      operative for 30 days after the date of its               Number SR–CboeEDGX–2018–058. This
                                              any burden on competition that is not                     filing. However, Rule 19b–4(f)(6)(iii) 28                 file number should be included on the
                                              necessary or appropriate in furtherance                   permits the Commission to designate a                     subject line if email is used. To help the
                                              of the purposes of the Act. Rather, the                   shorter time if such action is consistent                 Commission process and review your
                                              Exchange believes that the proposed                       with the protection of investors and the                  comments more efficiently, please use
                                              changes with respect to its Risk Monitor                  public interest. The Exchange has asked                   only one method. The Commission will
                                              Mechanism help promote fair and                           the Commission to waive the 30-day                        post all comments on the Commission’s
                                              orderly markets and provide clarity and                   operative delay to provide Members                        internet website (http://www.sec.gov/
                                              transparency the Rule. For example, the                   with additional tools and greater                         rules/sro.shtml). Copies of the
                                              proposed rule change adds an                              flexibility for managing their potential                  submission, all subsequent
                                              additional risk control parameter and                     risk as soon as possible. Accordingly,                    amendments, all written statements
                                                                                                        the Commission believes that waiver of                    with respect to the proposed rule
                                              flexibility to help further prevent
                                                                                                        the 30-day operative delay is consistent                  change that are filed with the
                                              potentially erroneous executions, which
                                                                                                        with the protection of investors and the                  Commission, and all written
                                              benefits all market participants. The
                                                                                                        public interest. Therefore, the                           communications relating to the
                                              proposed changes apply uniformly to all
                                                                                                        Commission hereby waives the                              proposed rule change between the
                                              Members and the Exchange notes that
                                                                                                        operative delay and designates the                        Commission and any person, other than
                                              the proposed changes apply to all
                                                                                                        proposal as operative upon filing.29                      those that may be withheld from the
                                              quotes and orders in the same manner.                        At any time within 60 days of the
                                              Additionally, the Exchange does not                                                                                 public in accordance with the
                                                                                                        filing of the proposed rule change, the                   provisions of 5 U.S.C. 552, will be
                                              believe that the proposed rule change                     Commission summarily may
                                              will impose any burden on intermarket                                                                               available for website viewing and
                                                                                                        temporarily suspend such rule change if                   printing in the Commission’s Public
                                              competition that is not necessary or                      it appears to the Commission that such
                                              appropriate in furtherance of the                                                                                   Reference Room, 100 F Street NE,
                                                                                                        action is necessary or appropriate in the                 Washington, DC 20549 on official
                                              purposes of the Act because the                           public interest, for the protection of
                                              proposed enhancements apply only to                                                                                 business days between the hours of
                                                                                                        investors, or otherwise in furtherance of
                                              trading on the Exchange. Additionally,                                                                              10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                        the purposes of the Act. If the
                                              the Exchange notes that it is voluntary                                                                             filing also will be available for
                                                                                                        Commission takes such action, the
                                              for the Members to determine whether                                                                                inspection and copying at the principal
                                                                                                        Commission shall institute proceedings
                                              to make use of the new enhancements                                                                                 office of the Exchange. All comments
                                                                                                        to determine whether the proposed rule
                                              of the Risk Monitor Mechanism. To the                                                                               received will be posted without change.
                                                                                                        change should be approved or
                                              extent that the proposed changes may                                                                                Persons submitting comments are
                                                                                                        disapproved.
                                              make the Exchange a more attractive                                                                                 cautioned that we do not redact or edit
                                              trading venue for market participants on                  IV. Solicitation of Comments                              personal identifying information from
                                              other exchanges, such market                                Interested persons are invited to                       comment submissions. You should
                                              participants may elect to become                          submit written data, views, and                           submit only information that you wish
                                              Exchange market participants.                             arguments concerning the foregoing,                       to make available publicly. All
                                                                                                        including whether the proposed rule                       submissions should refer to File
                                              C. Self-Regulatory Organization’s                                                                                   Number SR–CboeEDGX–2018–058 and
                                                                                                        change is consistent with the Act.
                                              Statement on Comments on the                                                                                        should be submitted on or before
                                                                                                        Comments may be submitted by any of
                                              Proposed Rule Change Received From                                                                                  January 4, 2019.
                                                                                                        the following methods:
                                              Members, Participants, or Others
                                                                                                                                                                    For the Commission, by the Division of
                                                The Exchange neither solicited nor                      Electronic Comments
                                                                                                                                                                  Trading and Markets, pursuant to delegated
                                              received comments on the proposed                            • Use the Commission’s internet                        authority.30
                                              rule change.                                              comment form (http://www.sec.gov/                         Eduardo A. Aleman,
                                                                                                        rules/sro.shtml); or                                      Deputy Secretary.
                                              III. Date of Effectiveness of the                            • Send an email to rule-comments@
                                              Proposed Rule Change and Timing for                                                                                 [FR Doc. 2018–27086 Filed 12–13–18; 8:45 am]
                                                                                                        sec.gov. Please include File Number SR–
                                              Commission Action                                         CboeEDGX–2018–058 on the subject
                                                                                                                                                                  BILLING CODE 8011–01–P

                                                 Because the foregoing proposed rule                    line.
                                              change does not:                                                                                                    SECURITIES AND EXCHANGE
                                                 A. significantly affect the protection                 Paper Comments
                                                                                                                                                                  COMMISSION
                                              of investors or the public interest;                        • Send paper comments in triplicate
                                                 B. impose any significant burden on                    to Secretary, Securities and Exchange                     [SEC File No. 270–359, OMB Control No.
                                              competition; and                                                                                                    3235–0410]
                                                 C. become operative for 30 days from                   give the Commission written notice of its intent to
                                              the date on which it was filed, or such                   file the proposed rule change, along with a brief         Submission for OMB Review;
                                                                                                        description and text of the proposed rule change,         Comment Request
                                              shorter time as the Commission may                        at least five business days prior to the date of filing
                                              designate, it has become effective                        of the proposed rule change, or such shorter time         Upon Written Request Copies Available
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                                              pursuant to Section 19(b)(3)(A) of the                    as designated by the Commission. The Exchange              From: Securities and Exchange
                                              Act 24 and Rule 19b–4(f)(6) 25                            has satisfied this requirement.
                                                                                                           27 17 CFR 240.19b–4(f)(6).                              Commission, Office of FOIA Services,
                                              thereunder.26                                                28 17 CFR 240.19b–4(f)(6)(iii).                         100 F Street NE, Washington, DC
                                                24 15
                                                                                                           29 For purposes only of waiving the 30-day              20549–2736.
                                                       U.S.C. 78s(b)(3)(A).                             operative delay, the Commission also has
                                                25 17  CFR 240.19b–4(f)(6).                             considered the proposed rule’s impact on
                                                                                                                                                                  Extension:
                                                26 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–       efficiency, competition, and capital formation. See
                                              4(f)(6)(iii) requires a self-regulatory organization to   15 U.S.C. 78c(f).                                           30 17   CFR 200.30–3(a)(12).



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                                                                          Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices                                             64389

                                                 Rules 17h–1T and 17h–2T                              chart requires one hour and establishing              SECURITIES AND EXCHANGE
                                                 Notice is hereby given that pursuant                 a system for complying with the risk                  COMMISSION
                                              to the Paperwork Reduction Act of 1995                  assessment rules requires three hours.
                                                                                                                                                            [Investment Company Act Release No.
                                              (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the                 Based on the reduction in the number                  33320; 812–14933]
                                              Securities and Exchange Commission                      of filers in recent years, the staff
                                              (‘‘Commission’’) has submitted to the                   estimates there will be zero new                      Pacific Global ETF Trust and Cadence
                                              Office of Management and Budget                         respondents, and thus, a corresponding                Capital Management LLC
                                              (‘‘OMB’’) a request for approval of                     estimated burden of zero hours for new
                                                                                                                                                            December 11, 2018.
                                              extension of the previously approved                    respondents. Thus, the total compliance
                                              collection of information provided for in                                                                     AGENCY: Securities and Exchange
                                                                                                      burden per year is approximately 6,840
                                              Rules 17h–1T and 17h–2T (17 CFR                                                                               Commission (‘‘Commission’’).
                                                                                                      burden hours (2,850 hours + 3,990
                                              240.17h–1T and 17 CFR 240.17h–2T),                                                                            ACTION: Notice.
                                                                                                      hours).
                                              under the Securities Exchange Act of                                                                             Notice of an application for an order
                                                                                                         The retention period for the
                                              1934 (15 U.S.C. 78a et seq.).                                                                                 under section 6(c) of the Investment
                                                                                                      recordkeeping requirement for the
                                                 Rule 17h–1T requires a covered
                                                                                                      information, reports and records                      Company Act of 1940 (the ‘‘Act’’) for an
                                              broker-dealer to maintain and preserve
                                                                                                      required under Rule 17h–1T is not less                exemption from sections 2(a)(32),
                                              records and other information
                                                                                                      than three years. There is no specific                5(a)(1), 22(d), and 22(e) of the Act and
                                              concerning certain entities that are
                                                                                                      retention period or recordkeeping                     rule 22c–1 under the Act, under
                                              associated with the broker-dealer. This
                                                                                                      requirement for Rule 17h–2T. The                      sections 6(c) and 17(b) of the Act for an
                                              requirement extends to the financial and
                                                                                                      collection of information is mandatory.               exemption from sections 17(a)(1) and
                                              securities activities of the holding
                                                                                                      All information obtained by the                       17(a)(2) of the Act, and under section
                                              company, affiliates and subsidiaries of
                                                                                                      Commission pursuant to the provisions                 12(d)(1)(J) for an exemption from
                                              the broker-dealer that are reasonably
                                                                                                      of Rules 17h–1T and 17h–2T from a                     sections 12(d)(1)(A) and 12(d)(1)(B) of
                                              likely to have a material impact on the
                                                                                                                                                            the Act. The requested order would
                                              financial or operational condition of the               broker or dealer concerning a material
                                                                                                                                                            permit (a) actively-managed series of
                                              broker-dealer. Rule 17h–2T requires a                   associated person is deemed
                                                                                                                                                            certain open-end management
                                              covered broker-dealer to file with the                  confidential information for the                      investment companies (‘‘Funds’’) to
                                              Commission quarterly reports and a                      purposes of section 24(b) of the                      issue shares redeemable in large
                                              cumulative year-end report concerning                   Exchange Act.                                         aggregations only (‘‘Creation Units’’); (b)
                                              the information required to be                             An agency may not conduct or                       secondary market transactions in Fund
                                              maintained and preserved under Rule
                                                                                                      sponsor, and a person is not required to              shares to occur at negotiated market
                                              17h–1T.
                                                                                                      respond to, a collection of information               prices rather than at net asset value
                                                 The collection of information required
                                                                                                      under the PRA unless it displays a                    (‘‘NAV’’); (c) certain Funds to pay
                                              by Rules 17h–1T and 17h–2T,
                                                                                                      currently valid OMB control number.                   redemption proceeds, under certain
                                              collectively referred to as the ‘‘risk
                                                                                                         The public may view background                     circumstances, more than seven days
                                              assessment rules,’’ is necessary to
                                                                                                                                                            after the tender of shares for
                                              enable the Commission to monitor the                    documentation for this information
                                                                                                                                                            redemption; (d) certain affiliated
                                              activities of a broker-dealer affiliate                 collection at the following website:
                                                                                                                                                            persons of a Fund to deposit securities
                                              whose business activities are reasonably                www.reginfo.gov. Comments should be                   into, and receive securities from, the
                                              likely to have a material impact on the                 directed to: (i) Desk Officer for the                 Fund in connection with the purchase
                                              financial or operational condition of the               Securities and Exchange Commission,                   and redemption of Creation Units; (e)
                                              broker-dealer. Without this information,                Office of Information and Regulatory                  certain registered management
                                              the Commission would be unable to                       Affairs, Office of Management and                     investment companies and unit
                                              assess the potentially damaging impact                  Budget, Room 10102, New Executive                     investment trusts outside of the same
                                              of the affiliate’s activities on the broker-            Office Building, Washington, DC 20503,                group of investment companies as the
                                              dealer.                                                 or by sending an email to:                            Funds (‘‘Funds of Funds’’) to acquire
                                                 There are currently 285 respondents                  Lindsay.M.Abate@omb.eop.gov; and (ii)                 shares of the Funds; and (f) certain
                                              that must comply with Rules 17h–1T                      Charles Riddle, Acting Director/Chief                 Funds (‘‘Feeder Funds’’) to create and
                                              and 17h–2T. Each of these 285
                                                                                                      Information Officer, Securities and                   redeem Creation Units in-kind in a
                                              respondents are estimated to require 10
                                                                                                      Exchange Commission, c/o Candace                      master-feeder structure.
                                              hours per year to maintain the records
                                              required under Rule 17h–1T, for an                      Kenner, 100 F Street NE, Washington,                  APPLICANTS: Pacific Global ETF Trust
                                              aggregate estimated annual burden of                    DC 20549, or by sending an email to:                  (‘‘Trust’’), a Delaware statutory trust that
                                              2,850 hours (285 respondents × 10                       PRA_Mailbox@sec.gov. Comments must                    will be registered under the Act as an
                                              hours). In addition, each of these 285                  be submitted to OMB within 30 days of                 open-end management investment
                                              respondents must make five annual                       this notice.                                          company with multiple series, and
                                              responses under Rule 17h–2T. These                        Dated: December 10, 2018.
                                                                                                                                                            Cadence Capital Management LLC
                                              five responses are estimated to require                                                                       (‘‘Initial Adviser’’), a Delaware limited
                                                                                                      Eduardo A. Aleman,                                    liability company registered as an
                                              14 hours per respondent per year for an                 Deputy Secretary.
                                              aggregate estimated annual burden of                                                                          investment adviser under the
                                              3,990 hours (285 respondents × 14
                                                                                                      [FR Doc. 2018–27091 Filed 12–13–18; 8:45 am]          Investment Advisers Act of 1940.
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                                              hours).                                                 BILLING CODE 8011–01–P                                FILING DATES: The application was filed
                                                 In addition, new respondents must                                                                          on July 24, 2018 and amended on
                                              draft an organizational chart required                                                                        November 21, 2018.
                                              under Rule 17h–1T and establish a                                                                             HEARING OR NOTIFICATION OF HEARING: An
                                              system for complying with the risk                                                                            order granting the requested relief will
                                              assessment rules. The staff estimates                                                                         be issued unless the Commission orders
                                              that drafting the required organizational                                                                     a hearing. Interested persons may


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Document Created: 2018-12-14 03:50:10
Document Modified: 2018-12-14 03:50:10
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 64388 

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