83_FR_9833 83 FR 9788 - Proposed Collection; Comment Request

83 FR 9788 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 45 (March 7, 2018)

Page Range9788-9791
FR Document2018-04572

Federal Register, Volume 83 Issue 45 (Wednesday, March 7, 2018)
[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Notices]
[Pages 9788-9791]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04572]


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

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 22c-2, SEC File No. 270-541, OMB Control No. 3235-0620.

    Notice is hereby given that pursuant to the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission 
(the ``Commission'') is soliciting comments on the collection of 
information summarized below. The Commission plans to submit this 
existing collection of information to the Office of Management and 
Budget for extension and approval.

[[Page 9789]]

    Rule 22c-2 (17 CFR 270.22c-2) under the Investment Company Act of 
1940 (15 U.S.C. 80a) (the ``Investment Company Act'' or ``Act'') 
requires the board of directors (including a majority of independent 
directors) of most registered open-end investment companies (``funds'') 
to either approve a redemption fee of up to two percent or determine 
that imposition of a redemption fee is not necessary or appropriate for 
the fund. Rule 22c-2 also requires a fund to enter into written 
agreements with their financial intermediaries (such as broker-dealers 
and retirement plan administrators) under which the fund, upon request, 
can obtain certain shareholder identity and trading information from 
the intermediaries. The written agreement must also allow the fund to 
direct the intermediary to prohibit further purchases or exchanges by 
specific shareholders that the fund has identified as being engaged in 
transactions that violate the fund's market timing policies. These 
requirements enable funds to obtain the information that they need to 
monitor the frequency of short-term trading in omnibus accounts and 
enforce their market timing policies.
    The rule includes three ``collections of information'' within the 
meaning of the Paperwork Reduction Act of 1995 (``PRA'').\1\ First, the 
rule requires boards to either approve a redemption fee of up to two 
percent or determine that imposition of a redemption fee is not 
necessary or appropriate for the fund. Second, funds must enter into 
information sharing agreements with all of their ``financial 
intermediaries'' \2\ and maintain a copy of the written information 
sharing agreement with each intermediary in an easily accessible place 
for six years. Third, pursuant to the information sharing agreements, 
funds must have systems that enable them to request frequent trading 
information upon demand from their intermediaries, and to enforce any 
restrictions on trading required by funds under the rule.
---------------------------------------------------------------------------

    \1\ 44 U.S.C. 3501-3520.
    \2\ The rule defines a Financial Intermediary as: (i) Any 
broker, dealer, bank, or other person that holds securities issued 
by the fund in nominee name; (ii) a unit investment trust or fund 
that invests in the fund in reliance on section 12(d)(i)(E) of the 
Act; and (iii) in the case of a participant directed employee 
benefit plan that owns the securities issued by the fund, a 
retirement plan's administrator under section 316(A) of the Employee 
Retirement Security Act of 1974 (29 U.S.C. 1002(16)(A) or any person 
that maintains the plans' participant records. Financial 
Intermediary does not include any person that the fund treats as an 
individual investor with respect to the fund's policies established 
for the purpose of eliminating or reducing any dilution of the value 
of the outstanding securities issued by the fund. Rule 22c-2(c)(1).
---------------------------------------------------------------------------

    The collections of information created by rule 22c-2 are necessary 
for funds to effectively assess redemption fees, enforce their policies 
in frequent trading, and monitor short-term trading, including market 
timing, in omnibus accounts. These collections of information are 
mandatory for funds that redeem shares within seven days of purchase. 
The collections of information also are necessary to allow Commission 
staff to fulfill its examination and oversight responsibilities.
    Rule 22c-2(a)(1) requires the board of directors of all registered 
open-end management investment companies and series thereof (except for 
money market funds, ETFs, or funds that affirmatively permit short-term 
trading of its securities) to approve a redemption fee for the fund, or 
instead make a determination that a redemption fee is either not 
necessary or appropriate for the fund. Commission staff understands 
that the boards of all funds currently in operation have undertaken 
this process for the funds they currently oversee, and the rule does 
not require boards to review this determination periodically once it 
has been made. Accordingly, we expect that only boards of newly 
registered funds or newly created series thereof would undertake this 
determination. Commission staff estimates that 42 funds (excluding 
money market funds and ETFs) are newly formed each year and would need 
to make this determination.\3\
---------------------------------------------------------------------------

    \3\ This estimate is based on the number of registrants filing 
initial Form N-1A or N-3. This estimate does not carve out money 
market funds, ETFs, or funds that affirmatively permit short-term 
trading of their securities, so this estimate corresponds to the 
outer limit of the number of registrants that would have to make 
this determination.
---------------------------------------------------------------------------

    Based on conversations with fund representatives,\4\ Commission 
staff estimates that it takes 2 hours of the board's time as a whole 
(at a rate of $4465 per hour) \5\ to approve a redemption fee or make 
the required determination on behalf of all series of the fund. In 
addition, Commission staff estimates that it takes compliance personnel 
of the fund 8 hours (at a rate of $66 per hour) \6\ to prepare trading, 
compliance, and other information regarding the fund's operations to 
enable the board to make its determination, and takes internal 
compliance counsel of the fund 3 hours (at a rate of $345 per hour) \7\ 
to review this information and present its recommendations to the 
board. Therefore, for each fund board that undertakes this 
determination process, Commission staff estimates it expends 13 hours 
\8\ at a cost of $10,493.\9\ As a result, Commission staff estimates 
that the total time spent for all funds on this process is 546 hours at 
a cost of $440,706.\10\
---------------------------------------------------------------------------

    \4\ Unless otherwise stated, estimates throughout this analysis 
are derived from a survey of funds and conversations with fund 
representatives.
    \5\ The estimate of $4465 per hour for the board's time as a 
whole is based on conversations with representatives of funds and 
their legal counsel.
    \6\ The $66 per hour figure for a compliance clerk is from 
SIFMA's Office Salaries in the Securities Industry 2013, modified by 
Commission staff to account for an 1800-hour work-year and 
inflation, and multiplied by 2.93 to account for bonuses, firm size, 
employee benefits and overhead.
    \7\ The $345 per hour figure for internal compliance counsel is 
from SIFMA's Management & Professional Earnings in the Securities 
Industry 2013, modified by Commission staff to account for an 1800-
hour work-year and inflation, and multiplied by 5.35 to account for 
bonuses, firm size, employee benefits and overhead.
    \8\ This calculation is based on the following estimates: (2 
hours of board time + 3 hours of internal compliance counsel time + 
8 hours of compliance clerk time = 13 hours).
    \9\ This calculation is based on the following estimates: 
($8,930 ($4,465 board time x 2 hours = $8,930) + $528 ($66 
compliance time x 8 hours = $528) + $1,035 ($345 attorney time x 3 
hours = $1,035) = $10,493).
    \10\ This calculation is based on the following estimates: (13 
hours x 42 funds = 546 hours); ($10,493 x 42 funds = $440,706).
---------------------------------------------------------------------------

    Rule 22c-2(a)(2) also requires a fund to enter into information-
sharing agreements with each of its financial intermediaries. 
Commission staff understands that all currently registered funds have 
already entered into such agreements with their intermediaries. Funds 
enter into new relationships with intermediaries from time to time, 
however, which requires them to enter into new information sharing 
agreements. Commission staff understands that, in general, funds enter 
into information-sharing agreement when they initially establish a 
relationship with an intermediary, which is typically executed as an 
addendum to the distribution agreement. The Commission staff 
understands that most shareholder information agreements are entered 
into by the fund group (a group of funds with a common investment 
adviser), and estimates that there are currently 850 currently active 
fund groups.\11\ Commission staff estimates that, on average, each 
active fund group enters into relationships with 3 new intermediaries 
each year. Commission staff understands that funds generally use a 
standard information sharing agreement, drafted by the fund or an 
outside entity, and modifies that agreement according to the

[[Page 9790]]

requirements of each intermediary. Commission staff estimates that 
negotiating the terms and entering into an information sharing 
agreement takes a total of 4 hours of attorney time (at a rate of $392 
per hour) \12\ per intermediary (representing 2.5 hours of fund 
attorney time and 1.5 hours of intermediary attorney time). 
Accordingly, Commission staff estimates that it takes 12 hours at a 
cost of $4704 each year \13\ to enter into new information sharing 
agreements, and all existing market participants incur a total of 
10,200 hours at a cost of $3,998,400.\14\
---------------------------------------------------------------------------

    \11\ ICI, 2017 Investment Company Fact Book at Fig 1.8 (2017) 
(https://www.ici.org/research/stats/factbook).
    \12\ The $392 per hour figure for attorneys is from SIFMA's 
Management & Professional Earnings in the Securities Industry 2013, 
modified by Commission staff to account for an 1800-hour work-year 
and inflation, and multiplied by 5.35 to account for bonuses, firm 
size, employee benefits and overhead.
    \13\ This estimate is based on the following calculations: (4 
hours x 3 new intermediaries = 12 hours); (12 hours x $392 = 
$4,704).
    \14\ This estimate is based on the following calculations: (12 
hours x 850 fund groups = 10,200 hours); (10,200 hours x $392 = 
$3,998,400).
---------------------------------------------------------------------------

    In addition, newly created funds advised by new entrants 
(effectively new fund groups) must enter into information sharing 
agreements with all of their financial intermediaries. Commission staff 
estimates that there are 47 new fund groups that form each year that 
will have to enter into information sharing agreements with each of 
their intermediaries.\15\ Commission staff estimates that fund groups 
formed by new advisers typically have relationships with significantly 
fewer intermediaries than existing fund groups, and estimates that new 
fund groups will typically enter into 100 information sharing 
agreements with their intermediaries when they begin operations.\16\ As 
discussed previously, Commission staff estimates that it takes 4 hours 
of attorney time (at a rate of $392 per hour) \17\ per intermediary to 
enter into information sharing agreements. Therefore, Commission staff 
estimates that each newly formed fund group will incur 400 hours of 
attorney time at a cost of $156,800 \18\ and that all newly formed fund 
groups will incur a total of 18,800 hours at a cost of $7,369,600 to 
enter into information sharing agreements with their 
intermediaries.\19\
---------------------------------------------------------------------------

    \15\ ICI, 2017 Investment Company Fact Book at Fig 1.8 (2017) 
(https://www.ici.org/research/stats/factbook).
    \16\ Commission staff understands that funds generally use a 
standard information sharing agreement, drafted by the fund or an 
outside entity, and then modifies that agreement according to the 
requirements of each intermediary.
    \17\ The $392 per hour figure for an attorney is from SIFMA's 
Management & Professional Earnings in the Securities Industry 2013, 
modified by Commission staff to account for an 1800-hour work-year 
and inflation, and multiplied by 5.35 to account for bonuses, firm 
size, employee benefits and overhead.
    \18\ This estimate is based on the following calculations: (4 
hours x 100 intermediaries = 400 hours); (400 hours x $392 = 
$156,800).
    \19\ This estimate is based on the following calculations: (47 
fund groups x 400 hours = 18,800 hours) ($392 x 18,800 = 7,369,600).
---------------------------------------------------------------------------

    Rule 22c-2(a)(3) requires funds to maintain records of all 
information-sharing agreements for 6 years in an easily accessible 
place. Commission staff understands that most shareholder information 
agreements are stored at the fund group level and estimates that there 
are currently approximately 850 fund groups.\20\ Commission staff 
understands that information-sharing agreements are generally included 
as addendums to distribution agreements between funds and their 
intermediaries, and that these agreements would be stored as required 
by the rule as a matter of ordinary business practice. Therefore, 
Commission staff estimates that maintaining records of information-
sharing agreements requires 10 minutes of time spent by a general clerk 
(at a rate of $59 per hour) \21\ per fund, each year. Accordingly, 
Commission staff estimates that all funds will incur 141.67 hours at a 
cost of $8,358.53 \22\ in complying with the recordkeeping requirement 
of rule 22c-2(a)(3).
---------------------------------------------------------------------------

    \20\ ICI, 2017 Investment Company Fact Book at Fig 1.8 (2017) 
(https://www.ici.org/research/stats/factbook).
    \21\ The $59 per hour figure for a general clerk is derived from 
SIFMA's Office Salaries in the Securities Industry 2013 modified to 
account for an 1800-hour work-year and inflation, and multiplied by 
2.93 to account for bonuses, firm size, employee benefits, and 
overhead.
    \22\ This estimate is based on the following calculations: (10 
minutes x 850 fund groups = 8,500 minutes); (8,500 minutes/60 = 
141.67 hours); (141.67 hours x $59 = $8,358.53).
---------------------------------------------------------------------------

    Therefore, Commission staff estimates that to comply with the 
information sharing agreement requirements of rule 22c-2(a)(2) and (3), 
it requires a total of 29,141.67 hours at a cost of $11,403,358.53.\23\
---------------------------------------------------------------------------

    \23\ This estimate is based on the following calculations: 
(10,200 hours + 18,800 hours + 141.67 hours = 29,141.67 hours); 
($3,998,400 + $7,369,600 + $8,358.53 = $11,403,358.53).
---------------------------------------------------------------------------

    The Commission staff estimates that on average, each fund group 
requests shareholder information once a week, and gives instructions 
regarding the restriction of shareholder trades every day, for a total 
of 417 responses related to information sharing systems per fund group 
each year, and a total 354,450 responses for all fund groups 
annually.\24\ In addition, as described above, the staff estimates that 
funds make 42 responses related to board determinations, 2,550 
responses related to new intermediaries of existing fund groups, 4,700 
responses related to new fund group information sharing agreements, and 
850 responses related to recordkeeping, for a total of 8,142 responses 
related to the other requirements of rule 22c-2. Therefore, the 
Commission staff estimates that the total number of responses is 
362,592 (354,450 + 8,142 = 362,592).
---------------------------------------------------------------------------

    \24\ This estimate is based on the following calculations: (52 + 
365 = 417); (417 x 850 fund groups = 354,450).
---------------------------------------------------------------------------

    The Commission staff estimates that the total hour burden for rule 
22c-2 is 29,687.67 hours at a cost of $11,817,056.50.\25\ Responses 
provided to the Commission will be accorded the same level of 
confidentiality accorded to other responses provided to the Commission 
in the context of its examination and oversight program. Responses 
provided in the context of the Commission's examination and oversight 
program are generally kept confidential. Complying with the information 
collections of rule 22c-2 is mandatory for funds that redeem their 
shares within 7 days of purchase. An agency may not conduct or sponsor, 
and a person is not required to respond to a collection of information 
unless it displays a currently valid control number.
---------------------------------------------------------------------------

    \25\ This estimate is based on the following calculations: (546 
hours (board determination) + 29,141.67 hours (information sharing 
agreements) = 29,687.67 total hours); ($440,706 (board 
determination) + $11,376,350.53 (information sharing agreements) = 
$11,817,056.50).
---------------------------------------------------------------------------

    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 will 
have practical utility; (b) the accuracy of the agency's estimate of 
the burden of the collection of information; (c) ways to enhance the 
quality, utility, and clarity of the information 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.
    Please direct your written comments to Pamela Dyson, Director/Chief 
Information Officer, Securities and Exchange Commission, C/O Remi 
Pavlik-Simon, 100 F Street NE, Washington, DC 20549; or send an email 
to: [email protected].


[[Page 9791]]


    Dated: March 1, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-04572 Filed 3-6-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               9788                               Federal Register / Vol. 83, No. 45 / Wednesday, March 7, 2018 / Notices

                                               structural changes were also made to the                   (C) Clearing Agency’s Statement on                    change, security-based swap
                                               document to enhance readability.                           Comments on the Proposed Rule                         submission, or advance notice that are
                                                                                                          Change, Security-Based Swap                           filed with the Commission, and all
                                               (b) Statutory Basis                                        Submission, or Advance Notice                         written communications relating to the
                                                  Section 17A(b)(3)(F) of the Act 3                       Received From Members, Participants or                proposed rule change, security-based
                                               requires, among other things, that the                     Others                                                swap submission, or advance notice
                                               rules of a clearing agency be designed to                    Written comments relating to the                    between the Commission and any
                                                                                                          proposed rule change have not been                    person, other than those that may be
                                               protect investors and the public interest
                                                                                                          solicited or received. ICC will notify the            withheld from the public in accordance
                                               and to comply with the provisions of
                                                                                                          Commission of any written comments                    with the provisions of 5 U.S.C. 552, will
                                               the Act and the rules and regulations
                                                                                                          received by ICC.                                      be available for website viewing and
                                               thereunder. ICC believes that the                                                                                printing in the Commission’s Public
                                               proposed rule changes are consistent                       III. Date of Effectiveness of the                     Reference Room, 100 F Street NE,
                                               with the requirements of the Act and the                   Proposed Rule Change, Security-Based                  Washington, DC 20549, on official
                                               rules and regulations thereunder                           Swap Submission, or Advance Notice                    business days between the hours of
                                               applicable to ICC, in particular, to                       and Timing for Commission Action                      10:00 a.m. and 3:00 p.m. Copies of such
                                               Section 17A(b)(3)(F),4 because ICC                                                                               filings will also be available for
                                                                                                            Within 45 days of the date of
                                               believes that the proposed rule changes                                                                          inspection and copying at the principal
                                                                                                          publication of this notice in the Federal
                                               will protect investors and the public                      Register or within such longer period                 office of ICE Clear Credit and on ICE
                                               interest, as the updates more accurately                   up to 90 days (i) as the Commission may               Clear Credit’s website at https://
                                               reflect ICC’s operational risk program                     designate if it finds such longer period              www.theice.com/clear-credit/regulation.
                                               given the incorporation of the ICE, Inc.                   to be appropriate and publishes its                      All comments received will be posted
                                               Enterprise Risk Management                                 reasons for so finding or (ii) as to which            without change. Persons submitting
                                               Department into ICC’s existing                             the self-regulatory organization                      comments are cautioned that we do not
                                               operational risk management processes.                     consents, the Commission will:                        redact or edit personal identifying
                                               In addition, the proposed revisions are                      (A) By order approve or disapprove                  information from comment submissions.
                                               consistent with the relevant                               such proposed rule change, or                         You should submit only information
                                               requirements of Rule 17Ad–22.5 The                           (B) institute proceedings to determine              that you wish to make available
                                               changes to the ICC Operational Risk                        whether the proposed rule change                      publicly. All submissions should refer
                                               Management Framework further ensure                        should be disapproved.                                to File Number SR–ICC–2018–003 and
                                               that ICC, through its operational risk                                                                           should be submitted on or before March
                                                                                                          IV. Solicitation of Comments                          28, 2018.
                                               program, is able to identify sources of
                                               operational risk and minimize them                           Interested persons are invited to                     For the Commission, by the Division of
                                               through the development of appropriate                     submit written data, views, and                       Trading and Markets, pursuant to delegated
                                                                                                          arguments concerning the foregoing,                   authority.8
                                               systems, control, and procedures. Thus,
                                               the changes are reasonably designed to                     including whether the proposed rule                   Eduardo A. Aleman,
                                               meet the operational risk requirements                     change, security-based swap                           Assistant Secretary.
                                               of Rule 17Ad–22(d)(4).6 As such, the                       submission, or advance notice is                      [FR Doc. 2018–04558 Filed 3–6–18; 8:45 am]
                                                                                                          consistent with the Act. Comments may
                                               proposed changes are designed to                                                                                 BILLING CODE 8011–01–P
                                                                                                          be submitted by any of the following
                                               promote the prompt and accurate
                                                                                                          methods:
                                               clearance and settlement of securities
                                                                                                          Electronic Comments                                   SECURITIES AND EXCHANGE
                                               transactions, derivatives agreements,
                                                                                                                                                                COMMISSION
                                               contracts, and transactions within the                       • Use the Commission’s internet
                                               meaning of Section 17A(b)(3)(F) 7 of the                   comment form (http://www.sec.gov/                     Proposed Collection; Comment
                                               Act.                                                       rules/sro.shtml); or                                  Request
                                               (B) Clearing Agency’s Statement on                           • Send an email to rule-comments@
                                                                                                          sec.gov. Please include File Number SR–               Upon Written Request, Copies Available
                                               Burden on Competition                                                                                             From: Securities and Exchange
                                                                                                          ICC–2018–003 on the subject line.
                                                                                                                                                                 Commission, Office of FOIA Services,
                                                  ICC does not believe the proposed                       Paper Comments                                         100 F Street NE, Washington, DC
                                               rule changes would have any impact, or                                                                            20549–2736.
                                               impose any burden, on competition.                           Send paper comments in triplicate to
                                               The ICC Operational Risk Management                        Secretary, Securities and Exchange                    Extension:
                                               Framework applies uniformly across all                     Commission, 100 F Street NE,                            Rule 22c–2, SEC File No. 270–541, OMB
                                                                                                          Washington, DC 20549–1090.                                Control No. 3235–0620.
                                               market participants. Therefore, ICC does
                                               not believe the proposed rule changes                      All submissions should refer to File                     Notice is hereby given that pursuant
                                               impose any burden on competition that                      Number SR–ICC–2018–003. This file                     to the Paperwork Reduction Act of 1995
                                               is inappropriate in furtherance of the                     number should be included on the                      (44 U.S.C. 3501 et seq.) the Securities
                                               purposes of the Act.                                       subject line if email is used. To help the            and Exchange Commission (the
                                                                                                          Commission process and review your                    ‘‘Commission’’) is soliciting comments
                                                                                                          comments more efficiently, please use                 on the collection of information
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                          only one method. The Commission will                  summarized below. The Commission
                                                                                                          post all comments on the Commission’s                 plans to submit this existing collection
                                                 3 15    U.S.C. 78q–1(b)(3)(F).                           internet website (http://www.sec.gov/                 of information to the Office of
                                                 4 Id.                                                    rules/sro.shtml). Copies of the                       Management and Budget for extension
                                                 5 17 CFR 240.17Ad–22.                                    submission, all subsequent                            and approval.
                                                 6 17 CFR 240.17Ad–22(d)(4).                              amendments, all written statements
                                                 7 15 U.S.C. 78q–1(b)(3)(F).                              with respect to the proposed rule                       8 17   CFR 200.30–3(a)(12).



                                          VerDate Sep<11>2014      17:30 Mar 06, 2018   Jkt 244001   PO 00000   Frm 00065   Fmt 4703   Sfmt 4703   E:\FR\FM\07MRN1.SGM     07MRN1


                                                                             Federal Register / Vol. 83, No. 45 / Wednesday, March 7, 2018 / Notices                                                        9789

                                                  Rule 22c–2 (17 CFR 270.22c–2) under                   restrictions on trading required by funds              compliance, and other information
                                               the Investment Company Act of 1940                       under the rule.                                        regarding the fund’s operations to
                                               (15 U.S.C. 80a) (the ‘‘Investment                           The collections of information created              enable the board to make its
                                               Company Act’’ or ‘‘Act’’) requires the                   by rule 22c–2 are necessary for funds to               determination, and takes internal
                                               board of directors (including a majority                 effectively assess redemption fees,                    compliance counsel of the fund 3 hours
                                               of independent directors) of most                        enforce their policies in frequent                     (at a rate of $345 per hour) 7 to review
                                               registered open-end investment                           trading, and monitor short-term trading,               this information and present its
                                               companies (‘‘funds’’) to either approve a                including market timing, in omnibus                    recommendations to the board.
                                               redemption fee of up to two percent or                   accounts. These collections of                         Therefore, for each fund board that
                                               determine that imposition of a                           information are mandatory for funds                    undertakes this determination process,
                                               redemption fee is not necessary or                       that redeem shares within seven days of                Commission staff estimates it expends
                                               appropriate for the fund. Rule 22c–2                     purchase. The collections of information               13 hours 8 at a cost of $10,493.9 As a
                                               also requires a fund to enter into written               also are necessary to allow Commission                 result, Commission staff estimates that
                                               agreements with their financial                          staff to fulfill its examination and                   the total time spent for all funds on this
                                               intermediaries (such as broker-dealers                   oversight responsibilities.                            process is 546 hours at a cost of
                                               and retirement plan administrators)                         Rule 22c–2(a)(1) requires the board of              $440,706.10
                                               under which the fund, upon request,                      directors of all registered open-end                      Rule 22c–2(a)(2) also requires a fund
                                               can obtain certain shareholder identity                  management investment companies and                    to enter into information-sharing
                                               and trading information from the                         series thereof (except for money market                agreements with each of its financial
                                               intermediaries. The written agreement                    funds, ETFs, or funds that affirmatively               intermediaries. Commission staff
                                               must also allow the fund to direct the                   permit short-term trading of its                       understands that all currently registered
                                               intermediary to prohibit further                         securities) to approve a redemption fee                funds have already entered into such
                                               purchases or exchanges by specific                       for the fund, or instead make a                        agreements with their intermediaries.
                                               shareholders that the fund has                           determination that a redemption fee is                 Funds enter into new relationships with
                                               identified as being engaged in                           either not necessary or appropriate for                intermediaries from time to time,
                                               transactions that violate the fund’s                     the fund. Commission staff understands                 however, which requires them to enter
                                               market timing policies. These                            that the boards of all funds currently in              into new information sharing
                                               requirements enable funds to obtain the                  operation have undertaken this process                 agreements. Commission staff
                                               information that they need to monitor                    for the funds they currently oversee, and              understands that, in general, funds enter
                                               the frequency of short-term trading in                   the rule does not require boards to                    into information-sharing agreement
                                               omnibus accounts and enforce their                       review this determination periodically                 when they initially establish a
                                               market timing policies.                                  once it has been made. Accordingly, we                 relationship with an intermediary,
                                                  The rule includes three ‘‘collections                 expect that only boards of newly                       which is typically executed as an
                                               of information’’ within the meaning of                   registered funds or newly created series               addendum to the distribution
                                               the Paperwork Reduction Act of 1995                      thereof would undertake this                           agreement. The Commission staff
                                               (‘‘PRA’’).1 First, the rule requires boards              determination. Commission staff                        understands that most shareholder
                                               to either approve a redemption fee of up                 estimates that 42 funds (excluding                     information agreements are entered into
                                               to two percent or determine that                         money market funds and ETFs) are                       by the fund group (a group of funds
                                               imposition of a redemption fee is not                    newly formed each year and would                       with a common investment adviser),
                                               necessary or appropriate for the fund.                   need to make this determination.3                      and estimates that there are currently
                                               Second, funds must enter into                               Based on conversations with fund                    850 currently active fund groups.11
                                               information sharing agreements with all                  representatives,4 Commission staff                     Commission staff estimates that, on
                                               of their ‘‘financial intermediaries’’ 2 and              estimates that it takes 2 hours of the                 average, each active fund group enters
                                               maintain a copy of the written                           board’s time as a whole (at a rate of                  into relationships with 3 new
                                               information sharing agreement with                       $4465 per hour) 5 to approve a                         intermediaries each year. Commission
                                               each intermediary in an easily                           redemption fee or make the required                    staff understands that funds generally
                                               accessible place for six years. Third,                   determination on behalf of all series of               use a standard information sharing
                                               pursuant to the information sharing                      the fund. In addition, Commission staff                agreement, drafted by the fund or an
                                               agreements, funds must have systems                      estimates that it takes compliance                     outside entity, and modifies that
                                               that enable them to request frequent                     personnel of the fund 8 hours (at a rate               agreement according to the
                                               trading information upon demand from                     of $66 per hour) 6 to prepare trading,                   7 The $345 per hour figure for internal
                                               their intermediaries, and to enforce any                                                                        compliance counsel is from SIFMA’s Management
                                                                                                          3 This  estimate is based on the number of           & Professional Earnings in the Securities Industry
                                                 1 44 U.S.C. 3501–3520.                                 registrants filing initial Form N–1A or N–3. This      2013, modified by Commission staff to account for
                                                 2 The  rule defines a Financial Intermediary as: (i)   estimate does not carve out money market funds,        an 1800-hour work-year and inflation, and
                                               Any broker, dealer, bank, or other person that holds     ETFs, or funds that affirmatively permit short-term    multiplied by 5.35 to account for bonuses, firm size,
                                               securities issued by the fund in nominee name; (ii)      trading of their securities, so this estimate          employee benefits and overhead.
                                               a unit investment trust or fund that invests in the      corresponds to the outer limit of the number of          8 This calculation is based on the following

                                               fund in reliance on section 12(d)(i)(E) of the Act;      registrants that would have to make this               estimates: (2 hours of board time + 3 hours of
                                               and (iii) in the case of a participant directed          determination.                                         internal compliance counsel time + 8 hours of
                                                                                                           4 Unless otherwise stated, estimates throughout
                                               employee benefit plan that owns the securities                                                                  compliance clerk time = 13 hours).
                                               issued by the fund, a retirement plan’s                  this analysis are derived from a survey of funds and     9 This calculation is based on the following

                                               administrator under section 316(A) of the Employee       conversations with fund representatives.               estimates: ($8,930 ($4,465 board time × 2 hours =
daltland on DSKBBV9HB2PROD with NOTICES




                                               Retirement Security Act of 1974 (29 U.S.C.                  5 The estimate of $4465 per hour for the board’s    $8,930) + $528 ($66 compliance time × 8 hours =
                                               1002(16)(A) or any person that maintains the plans’      time as a whole is based on conversations with         $528) + $1,035 ($345 attorney time × 3 hours =
                                               participant records. Financial Intermediary does not     representatives of funds and their legal counsel.      $1,035) = $10,493).
                                               include any person that the fund treats as an               6 The $66 per hour figure for a compliance clerk      10 This calculation is based on the following

                                               individual investor with respect to the fund’s           is from SIFMA’s Office Salaries in the Securities      estimates: (13 hours × 42 funds = 546 hours);
                                               policies established for the purpose of eliminating      Industry 2013, modified by Commission staff to         ($10,493 × 42 funds = $440,706).
                                               or reducing any dilution of the value of the             account for an 1800-hour work-year and inflation,        11 ICI, 2017 Investment Company Fact Book at Fig

                                               outstanding securities issued by the fund. Rule 22c–     and multiplied by 2.93 to account for bonuses, firm    1.8 (2017) (https://www.ici.org/research/stats/
                                               2(c)(1).                                                 size, employee benefits and overhead.                  factbook).



                                          VerDate Sep<11>2014   17:30 Mar 06, 2018   Jkt 244001   PO 00000   Frm 00066   Fmt 4703   Sfmt 4703   E:\FR\FM\07MRN1.SGM    07MRN1


                                               9790                         Federal Register / Vol. 83, No. 45 / Wednesday, March 7, 2018 / Notices

                                               requirements of each intermediary.                      newly formed fund groups will incur a                 determinations, 2,550 responses related
                                               Commission staff estimates that                         total of 18,800 hours at a cost of                    to new intermediaries of existing fund
                                               negotiating the terms and entering into                 $7,369,600 to enter into information                  groups, 4,700 responses related to new
                                               an information sharing agreement takes                  sharing agreements with their                         fund group information sharing
                                               a total of 4 hours of attorney time (at a               intermediaries.19                                     agreements, and 850 responses related
                                               rate of $392 per hour) 12 per                             Rule 22c–2(a)(3) requires funds to                  to recordkeeping, for a total of 8,142
                                               intermediary (representing 2.5 hours of                 maintain records of all information-                  responses related to the other
                                               fund attorney time and 1.5 hours of                     sharing agreements for 6 years in an                  requirements of rule 22c–2. Therefore,
                                               intermediary attorney time).                            easily accessible place. Commission
                                                                                                                                                             the Commission staff estimates that the
                                               Accordingly, Commission staff                           staff understands that most shareholder
                                                                                                                                                             total number of responses is 362,592
                                               estimates that it takes 12 hours at a cost              information agreements are stored at the
                                                                                                       fund group level and estimates that                   (354,450 + 8,142 = 362,592).
                                               of $4704 each year 13 to enter into new
                                               information sharing agreements, and all                 there are currently approximately 850                   The Commission staff estimates that
                                               existing market participants incur a total              fund groups.20 Commission staff                       the total hour burden for rule 22c–2 is
                                               of 10,200 hours at a cost of $3,998,400.14              understands that information-sharing                  29,687.67 hours at a cost of
                                                  In addition, newly created funds                     agreements are generally included as                  $11,817,056.50.25 Responses provided
                                               advised by new entrants (effectively                    addendums to distribution agreements                  to the Commission will be accorded the
                                               new fund groups) must enter into                        between funds and their intermediaries,               same level of confidentiality accorded to
                                               information sharing agreements with all                 and that these agreements would be                    other responses provided to the
                                               of their financial intermediaries.                      stored as required by the rule as a matter            Commission in the context of its
                                               Commission staff estimates that there                   of ordinary business practice. Therefore,             examination and oversight program.
                                               are 47 new fund groups that form each                   Commission staff estimates that                       Responses provided in the context of
                                               year that will have to enter into                       maintaining records of information-                   the Commission’s examination and
                                               information sharing agreements with                     sharing agreements requires 10 minutes
                                                                                                                                                             oversight program are generally kept
                                               each of their intermediaries.15                         of time spent by a general clerk (at a rate
                                                                                                                                                             confidential. Complying with the
                                               Commission staff estimates that fund                    of $59 per hour) 21 per fund, each year.
                                               groups formed by new advisers typically                 Accordingly, Commission staff                         information collections of rule 22c–2 is
                                               have relationships with significantly                   estimates that all funds will incur                   mandatory for funds that redeem their
                                               fewer intermediaries than existing fund                 141.67 hours at a cost of $8,358.53 22 in             shares within 7 days of purchase. An
                                               groups, and estimates that new fund                     complying with the recordkeeping                      agency may not conduct or sponsor, and
                                               groups will typically enter into 100                    requirement of rule 22c–2(a)(3).                      a person is not required to respond to
                                               information sharing agreements with                       Therefore, Commission staff estimates               a collection of information unless it
                                               their intermediaries when they begin                    that to comply with the information                   displays a currently valid control
                                               operations.16 As discussed previously,                  sharing agreement requirements of rule                number.
                                               Commission staff estimates that it takes                22c–2(a)(2) and (3), it requires a total of             Written comments are invited on: (a)
                                               4 hours of attorney time (at a rate of                  29,141.67 hours at a cost of                          Whether the proposed collection of
                                               $392 per hour) 17 per intermediary to                   $11,403,358.53.23                                     information is necessary for the proper
                                               enter into information sharing                            The Commission staff estimates that
                                                                                                       on average, each fund group requests                  performance of the functions of the
                                               agreements. Therefore, Commission staff                                                                       agency, including whether the
                                               estimates that each newly formed fund                   shareholder information once a week,
                                                                                                       and gives instructions regarding the                  information will have practical utility;
                                               group will incur 400 hours of attorney                                                                        (b) the accuracy of the agency’s estimate
                                               time at a cost of $156,800 18 and that all              restriction of shareholder trades every
                                                                                                       day, for a total of 417 responses related             of the burden of the collection of
                                                 12 The $392 per hour figure for attorneys is from     to information sharing systems per fund               information; (c) ways to enhance the
                                               SIFMA’s Management & Professional Earnings in           group each year, and a total 354,450                  quality, utility, and clarity of the
                                               the Securities Industry 2013, modified by               responses for all fund groups                         information collected; and (d) ways to
                                               Commission staff to account for an 1800-hour work-      annually.24 In addition, as described                 minimize the burden of the collection of
                                               year and inflation, and multiplied by 5.35 to
                                               account for bonuses, firm size, employee benefits       above, the staff estimates that funds                 information on respondents, including
                                               and overhead.                                           make 42 responses related to board                    through the use of automated collection
                                                 13 This estimate is based on the following
                                                                                                                                                             techniques or other forms of information
                                               calculations: (4 hours × 3 new intermediaries = 12        19 This estimate is based on the following
                                               hours); (12 hours × $392 = $4,704).
                                                                                                                                                             technology. Consideration will be given
                                                                                                       calculations: (47 fund groups × 400 hours = 18,800
                                                 14 This estimate is based on the following            hours) ($392 × 18,800 = 7,369,600).                   to comments and suggestions submitted
                                               calculations: (12 hours × 850 fund groups = 10,200        20 ICI, 2017 Investment Company Fact Book at Fig    in writing within 60 days of this
                                               hours); (10,200 hours × $392 = $3,998,400).             1.8 (2017) (https://www.ici.org/research/stats/       publication.
                                                 15 ICI, 2017 Investment Company Fact Book at Fig      factbook).
                                               1.8 (2017) (https://www.ici.org/research/stats/           21 The $59 per hour figure for a general clerk is     Please direct your written comments
                                               factbook).                                              derived from SIFMA’s Office Salaries in the           to Pamela Dyson, Director/Chief
                                                 16 Commission staff understands that funds            Securities Industry 2013 modified to account for an   Information Officer, Securities and
                                               generally use a standard information sharing            1800-hour work-year and inflation, and multiplied
                                               agreement, drafted by the fund or an outside entity,    by 2.93 to account for bonuses, firm size, employee   Exchange Commission, C/O Remi
                                               and then modifies that agreement according to the       benefits, and overhead.                               Pavlik-Simon, 100 F Street NE,
                                               requirements of each intermediary.                        22 This estimate is based on the following
                                                                                                                                                             Washington, DC 20549; or send an email
                                                 17 The $392 per hour figure for an attorney is from   calculations: (10 minutes × 850 fund groups = 8,500   to: PRA_Mailbox@sec.gov.
daltland on DSKBBV9HB2PROD with NOTICES




                                               SIFMA’s Management & Professional Earnings in           minutes); (8,500 minutes/60 = 141.67 hours);
                                               the Securities Industry 2013, modified by               (141.67 hours × $59 = $8,358.53).
                                               Commission staff to account for an 1800-hour work-        23 This estimate is based on the following
                                                                                                                                                               25 This estimate is based on the following
                                               year and inflation, and multiplied by 5.35 to           calculations: (10,200 hours + 18,800 hours + 141.67
                                               account for bonuses, firm size, employee benefits       hours = 29,141.67 hours); ($3,998,400 + $7,369,600    calculations: (546 hours (board determination) +
                                               and overhead.                                           + $8,358.53 = $11,403,358.53).                        29,141.67 hours (information sharing agreements) =
                                                 18 This estimate is based on the following              24 This estimate is based on the following          29,687.67 total hours); ($440,706 (board
                                               calculations: (4 hours × 100 intermediaries = 400       calculations: (52 + 365 = 417); (417 × 850 fund       determination) + $11,376,350.53 (information
                                               hours); (400 hours × $392 = $156,800).                  groups = 354,450).                                    sharing agreements) = $11,817,056.50).



                                          VerDate Sep<11>2014   17:30 Mar 06, 2018   Jkt 244001   PO 00000   Frm 00067   Fmt 4703   Sfmt 4703   E:\FR\FM\07MRN1.SGM   07MRN1


                                                                            Federal Register / Vol. 83, No. 45 / Wednesday, March 7, 2018 / Notices                                             9791

                                                 Dated: March 1, 2018.                                 under FOR FURTHER INFORMATION                         a toll-free number). Comments should
                                               Eduardo A. Aleman,                                      CONTACT.                                              indicate that they are submitted in
                                               Assistant Secretary.                                      In addition, any person may, upon                   response to CMA between VA, VBA and
                                               [FR Doc. 2018–04572 Filed 3–6–18; 8:45 am]              request, inspect the request, notice and              Federal BOP. Copies of comments
                                               BILLING CODE 8011–01–P
                                                                                                       other documents germane to the request                received will be available for public
                                                                                                       in person at the Craig Field Airport                  inspection in the Office of Regulation
                                                                                                       (SEM).                                                Policy and Management, Room 1063B,
                                               DEPARTMENT OF TRANSPORTATION                              Issued in Jackson, Mississippi, on February         between the hours of 8:00 a.m. and 4:30
                                                                                                       27, 2018.                                             p.m., Monday through Friday (except
                                               Federal Aviation Administration                         Rans D. Black,                                        holidays). Please call (202) 461–4902 for
                                                                                                       Manager, Jackson Airports District Office,            an appointment. (This is not a toll-free
                                               Notice of Opportunity for Public                        Southern Region.                                      number.) In addition, comments may be
                                               Comment on Surplus Property Release                                                                           viewed online at www.Regulations.gov.
                                                                                                       [FR Doc. 2018–04582 Filed 3–6–18; 8:45 am]
                                               at the Craig Field Airport, Selma,                                                                            FOR FURTHER INFORMATION CONTACT: Eric
                                                                                                       BILLING CODE 4910–13–P
                                               Alabama                                                                                                       Robinson (VBA), 202–443–6016 (this is
                                               AGENCY:  Federal Aviation                                                                                     not a toll-free number).
                                               Administration, DOT.                                    DEPARTMENT OF VETERANS                                SUPPLEMENTARY INFORMATION: This
                                               ACTION: Notice of intent to rule on land                AFFAIRS                                               agreement continues an arrangement for
                                               release request.                                                                                              a periodic computer-matching program
                                                                                                       Privacy Act of 1974; Matching Program                 between VA (VBA as the matching
                                               SUMMARY:    The FAA is considering a                                                                          recipient agency) and DOJ (BOP as the
                                               request from the Craig Field Airport and                AGENCY: Department of Veterans Affairs.               matching source agency). This
                                               Industrial Authority to waive the                       ACTION:Notice of modified matching                    agreement sets forth the responsibilities
                                               requirement that 13.19± acres of airport                program.                                              of VBA and BOP with respect to
                                               property located at the Craig Field                                                                           information disclosed pursuant to this
                                               Airport in Selma, Alabama, be used for                  SUMMARY:   The Department of Veterans
                                                                                                       Affairs (VA) has a current 12 month                   agreement and takes into account both
                                               aeronautical purposes.                                                                                        agencies’ responsibilities under the
                                                                                                       computer matching agreement (CMA)
                                               DATES: Comments must be received on                                                                           Privacy Act of 1974, 5 U.S.C. 552a, as
                                               or before April 6, 2018.                                re-establishment agreement with the
                                                                                                       Federal Bureau of Prisons (BOP)                       amended by the Computer Matching
                                               ADDRESSES: Comments on this notice                                                                            and Privacy Protection Act of 1988, as
                                                                                                       regarding Veterans who are in Federal
                                               may be mailed or delivered in triplicate                prison and are also in receipt of                     amended, and the regulations
                                               to the FAA to the following address:                                                                          promulgated thereunder, including
                                                                                                       compensation and pension benefits. The
                                               Jackson Airports District Office, Attn:                                                                       computer matching portions of a
                                                                                                       purpose of this CMA is to renew the
                                               Kevin Morgan, Program Manager, 100                                                                            revision of OMB Circular No. A–130, 65
                                                                                                       agreement between VA, Veterans
                                               West Cross Street, Suite B, Jackson, MS                                                                       FR 77677 dated December 12, 2000. The
                                                                                                       Benefits Administration (VBA) and the
                                               39208–2307.                                                                                                   matching agreement expired in June
                                                  In addition, one copy of any                         United States Department of Justice
                                                                                                       (DOJ), BOP. BOP will disclose                         2017. VA added more data elements to
                                               comments submitted to the FAA must                                                                            include ‘‘date of conviction’’, ‘‘type of
                                               be mailed or delivered to Craig Field                   information about individuals who are
                                                                                                       in federal prison. VBA will use this                  offense’’, and ‘‘date of scheduled
                                               Airport and Industrial Authority, Attn:                                                                       release’’.
                                               Menzo Driskell, Executive Director, P.O.                information as a match for recipients of
                                                                                                                                                                Participating Agencies: VA (VBA as
                                               Box 1421, Selma, AL 36702–1421.                         Compensation and Pension benefits for
                                                                                                                                                             the matching recipient agency) and DOJ
                                                                                                       adjustments of awards.
                                               FOR FURTHER INFORMATION CONTACT:                                                                              (BOP as the matching source agency).
                                               Kevin Morgan, Program Manager,                          DATES: Comments on this new                              Authority for Conducting the
                                               Jackson Airports District Office, 100                   agreement must be received no later                   Matching Program: The legal authority
                                               West Cross Street, Suite B, Jackson, MS                 than 30 days after date of publication in             to conduct this match is 38 U.S.C. 1505,
                                               39208–2307, (601) 664–9891. The land                    the Federal Register. If no public                    5106, and 5313. Section 5106 requires
                                               release request may be reviewed in                      comment is received during the period                 any Federal department or agency to
                                               person at this same location.                           allowed for comment or unless                         provide VA such information as VA
                                               SUPPLEMENTARY INFORMATION: The FAA
                                                                                                       otherwise published in the Federal                    requests for the purposes of determining
                                               is reviewing a request by Craig Field                   Register by VA, the new agreement will                eligibility for, or the amount of VA
                                               Airport and Industrial Authority to                     become effective a minimum of 30 days                 benefits, or verifying other information
                                               release 13.19± acres of airport property                after date of publication in the Federal              with respect thereto. Section 1505
                                               at the Craig Field Airport (SEM) under                  Register. If VA receives public                       provides that no VA pension benefits
                                               the provisions of Title 49, U.S.C.                      comments, VA shall review the                         shall be paid to or for any person
                                               Section 47153(c). The property will be                  comments to determine whether any                     eligible for such benefits, during the
                                               purchased by Timewell-Southern                          changes to the notice are necessary. This             period of that person’s incarceration as
                                               Division for non-aeronautical purposes.                 matching program will be valid for 18                 the result of conviction of a felony or
                                               The property is within the Craig Field                  months from the effective date of this                misdemeanor, beginning on the 61st day
                                               Industrial Park and adjacent to other                   notice.                                               of incarceration. Section 5313 provides
                                               non-aeronautical property on west                       ADDRESSES:   Written comments may be                  that VA compensation or dependency
daltland on DSKBBV9HB2PROD with NOTICES




                                               quadrant of airport property just off                   submitted through                                     and indemnity compensation above a
                                               highway 41. The net proceeds from the                   www.Regulations.gov; by mail or hand-                 specified amount shall not be paid to
                                               sale of this property will be used for                  delivery to Director, Regulation Policy               any person eligible for such benefit,
                                               maintenance and improvements at the                     and Management (00REG), Department                    during the period of that person’s
                                               Craig Field Airport.                                    of Veterans Affairs, 810 Vermont Ave.                 incarceration as the result of conviction
                                                  Any person may inspect the request                   NW, Room 1064, Washington, DC                         of a felony, beginning on the 61st day
                                               in person at the FAA office listed above                20420; or by fax to (202) 273–9026 (not               of incarceration.


                                          VerDate Sep<11>2014   17:30 Mar 06, 2018   Jkt 244001   PO 00000   Frm 00068   Fmt 4703   Sfmt 4703   E:\FR\FM\07MRN1.SGM   07MRN1



Document Created: 2018-03-07 01:27:29
Document Modified: 2018-03-07 01:27:29
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 9788 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR