Sunshine Act Meeting, 31997-31998 [2014-12891]
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Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Notices
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seq.) to require any national securities
exchange, national securities
association, alternative trading system,
exchange market maker, over-thecounter market maker, and any other
broker-dealer that executes orders
internally by trading as principal or
crossing orders as agent, to establish,
maintain, and enforce written policies
and procedures reasonably designed to
prevent the execution of a transaction in
its market at a price that is inferior to
a bid or offer displayed in another
market at the time of execution (a
‘‘trade-though’’), absent an applicable
exception and, if relying on an
exception, that are reasonably designed
to assure compliance with the terms of
the exception. Without this collection of
information, respondents would not
have a means to enforce compliance
with the Commission’s intention to
prevent trade-throughs pursuant to the
rule.
There are approximately 641
respondents 1 per year that will require
an aggregate total of 38,460 hours to
comply with this rule. It is anticipated
that each respondent will continue to
expend approximately 60 hours
annually: Two hours per month of
internal legal time and three hours per
month of internal compliance time to
ensure that its written policies and
procedures are up-to-date and remain in
compliance with Rule 611. The
estimated cost for an in-house attorney
is $379 per hour and the estimated cost
for an assistant compliance director in
the securities industry is $354 per hour.
Therefore the estimated total cost of
compliance for the annual hour burden
is as follows: [(2 legal hours × 12 months
× $379) × 641] + [(3 compliance hours
× 12 months × $354) × 641] =
$13,999,440.2
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 Web site:
1 This estimate includes thirteen national
securities exchanges and one national securities
association that trade NMS stocks. The estimate
also includes the approximately 584 firms that were
registered equity market makers or specialists at
year-end 2012, as well as 43 alternative trading
systems that operate trading systems that trade
NMS stocks.
2 The total cost of compliance for the annual hour
burden has been revised to reflect updated
estimated cost figures for an in-house attorney and
an assistant compliance director. These figures are
from SIFMA’s Management & Professional Earnings
in the Securities Industry 2012, modified by
Commission staff for an 1800-hour work-year and
multiplied by 5.35 to account for bonuses, firm size,
employee benefits, and overhead.
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17:35 Jun 02, 2014
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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: Shagufta_
Ahmed@omb.eop.gov; and (ii) Thomas
Bayer, Director/Chief Information
Officer, Securities and Exchange
Commission, c/o Remi Pavlik-Simon,
100 F Street NE., Washington, DC
20549, or by sending an email to: PRA_
Mailbox@sec.gov. Comments must be
submitted within 30 days of this notice.
Dated: May 28, 2014.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–12775 Filed 6–2–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–2833.
Extension:
Rule 30b1–5; SEC File No. 270–520, OMB
Control No. 3235–0577.
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’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for extension of the
previously approved collection of
information discussed below.
Rule 30b1–5 (17 CFR 270.30b1–5)
under the Investment Company Act of
1940 (15 U.S.C. 80a–1 et seq.) (the
‘‘Investment Company Act’’) requires
registered management investment
companies, other than small business
investment companies registered on
Form N–5 (17 CFR 239.24 and 274.5)
(‘‘funds’’), to file a quarterly report via
the Commission’s EDGAR system on
Form N–Q (17 CFR 249.332 and
274.130), not more than sixty calendar
days after the close of each first and
third fiscal quarter, containing their
complete portfolio holdings. The
purpose of the collection of information
required by rule 30b1–5 is to meet the
disclosure requirements of the
Investment Company Act and to provide
investors with information necessary to
evaluate an interest in the fund by
improving the transparency of
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31997
information about the fund’s portfolio
holdings.
The Commission estimates that there
are 2,460 management investment
companies, with a total of
approximately 9,640 portfolios that are
governed by the rule. For purposes of
this analysis, the burden associated with
the requirements of rule 30b1–5 has
been included in the collection of
information requirements of Form N–Q,
rather than the rule.
The collection of information under
rule 30b1–5 is mandatory. The
information provided under rule 30b1–
5 is not kept confidential. 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 OMB control
number.
The public may view the background
documentation for this information
collection at the following Web site,
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: Shagufta_
Ahmed@omb.eop.gov; and (ii) Thomas
Bayer, Chief Information Officer,
Securities and Exchange Commission,
c/o Remi Pavlik-Simon, 100 F Street
NE., Washington, DC 20549 or send an
email to: PRA_Mailbox@sec.gov.
Comments must be submitted to OMB
within 30 days of this notice.
Dated: May 28, 2014.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–12774 Filed 6–2–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Wednesday, June 4, 2014 at 11:00
a.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or her designee, has
certified that, in her opinion, one or
more of the exemptions set forth in 5
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31998
Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Notices
U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
and (10), permit consideration of the
scheduled matter at the Closed Meeting.
Commissioner Gallagher, as duty
officer, voted to consider the items
listed for the Closed Meeting in closed
session, and determined that no earlier
notice thereof was possible.
The subject matter of the Closed
Meeting will be: institution and
settlement of injunctive actions;
institution and settlement of
administrative proceedings; and other
matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact the Office of the Secretary at
(202) 551–5400.
Dated: May 29, 2014.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–12891 Filed 5–30–14; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–72268; File No. SR–OCC–
2014–802]
Self-Regulatory Organizations; The
Options Clearing Corporation;
Advance Notice Concerning the
Consolidation of the Governance
Committee and Nominating Committee
Into a Single Committee, Changes to
the Nominating Process for Directors,
and Increasing the Number of Public
Directors on The Options Clearing
Corporation’s Board of Directors
sroberts on DSK4SPTVN1PROD with NOTICES
May 28, 2014.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4(n)(1)(i),2
notice is hereby given that on May 8,
2014, The Options Clearing Corporation
(‘‘OCC’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the advance notice described in Items I
and II below, which Items have been
prepared by OCC.3 The Commission is
publishing this notice to solicit
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4(n)(1)(i).
3 OCC also filed the proposal in this advance
notice as a proposed rule change under Section
19(b)(1) of the Exchange Act and Rule 19b-4
thereunder. 15 U.S.C. 78s(b)(1); 17 CFR 240.19b–4.
See SR–OCC–2014–802.
2 17
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comments on the advance notice from
interested persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Advance
Notice
This advance notice is filed by OCC
in connection with a proposed change
that would amend OCC’s By-Laws
regarding its Nominating Committee
(‘‘NC’’) and the Charter for OCC’s
Governance Committee (‘‘GC’’) to
consolidate the two Committees into a
single Governance and Nominating
Committee (‘‘GNC’’), make changes to
OCC’s nomination process for Directors
and increase the number of Public
Directors on OCC’s Board of Directors.
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Advance Notice
In its filing with the Commission,
OCC included statements concerning
the purpose of and basis for the advance
notice and discussed any comments it
received on the advance notice. The text
of these statements may be examined at
the places specified in Item IV below.
OCC has prepared summaries, set forth
in sections (A) and (B) below, of the
most significant aspects of such
statements.
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Advance Notice
1. Purpose
OCC is proposing to amend its ByLaws and Governance Committee
Charter to combine the current NC and
GC to establish a single GNC, make
changes concerning OCC’s nomination
process for Directors and to increase the
number of Public Directors on OCC’s
Board of Directors (‘‘Board’’). The
proposed modifications are based on
recommendations from the GC in the
course of carrying out its mandate of
reviewing the overall corporate
governance of OCC and recommending
improvements to the structure of OCC’s
Board. In part, the GC’s
recommendations stem from suggestions
of an outside consultant that was
retained to review and report on OCC’s
governance structure in relationship to
industry governance practices. To
conform to these proposed changes OCC
is also proposing to make certain edits
to its Stockholders Agreement, Board of
Directors Charter and Fitness Standards
for Directors.
Currently, the GC operates pursuant
to its own Charter.4 The NC is not a
4 Securities Exchange Act Release Nos. 71030
(Dec. 11, 2013), 78 FR 7612 (Dec. 16, 2013) (SR–
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Board level Committee and does not
operate pursuant to a charter, however,
provisions in Article III of OCC’s ByLaws prescribe certain aspects of the
NC’s structure and operation. OCC is
proposing to apply to the GNC many of
the existing provisions of the relevant
By-Laws and GC Charter that apply to
the NC and GC. Where OCC is
proposing amendments to the existing
By-Laws and GC Charter, they are
discussed below.
Certain provisions of Article III
govern the role the NC plays in
nominating persons as Member
Directors 5 on OCC’s Board as well as
the composition and structure of the NC
itself. The NC is required to endeavor to
achieve balanced representation in its
Member Director and Non-Director
Member nominees, giving due
consideration to business activities and
geographic distribution.
Presently, the NC is composed of
seven total members: One Public
Director and six Non-Director
Members.6 The Public Director member,
who is nominated by the Executive
Chairman with the approval of a
majority of the Board, generally serves
a three year term, unless he or she
ceases to be a Public Director. The six
Non-Director Members nominated by
the NC and selected by OCC’s
stockholders are divided into two equal
classes of three members, and the
classes serve staggered two year terms.7
By comparison, the GC Charter requires
the current GC to have not fewer than
five directors and to include at least one
Public Director, at least one Exchange
Director, and at least one Member
Director. It also provides that no
Management Directors may serve on the
Committee.
OCC’s Board currently has 19
members consisting of nine Member
Directors, five Exchange Directors, three
Public Directors, who under Article III,
Section 6A of OCC’s By-Laws, may not
be affiliated with any national securities
exchange or national securities
OCC–2013–18); 71083 (Dec. 16, 2013), 78 FR 77182
(Dec. 20, 2013) (SR–OCC–2013–807).
5 Under Article III, Section 2 every Member
Director must be either a Clearing Member or a
representative of a Clearing Member Organization.
6 Under Sections 4 and 5 of Article III, a NonDirector Member of the NC must be a representative
of a Clearing Member and no person associated
with the same Clearing Member Organization as a
member of the NC may be nominated by the NC for
a position as a Member Director on the Board of
Directors or a Non-Director Member of the NC for
the ensuing year.
7 This tiered structure eliminated the complete
turnover of the members of the NC each year and
fostered greater continuity among its elected
members. Securities Exchange Act Release No.
29437 (July 12, 1991), 56 FR 33319 (July 19, 1991)
(SR–OCC–91–11).
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Agencies
[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Notices]
[Pages 31997-31998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12891]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Wednesday, June
4, 2014 at 11:00 a.m.
Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5
[[Page 31998]]
U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3),
(5), (7), 9(ii) and (10), permit consideration of the scheduled matter
at the Closed Meeting.
Commissioner Gallagher, as duty officer, voted to consider the
items listed for the Closed Meeting in closed session, and determined
that no earlier notice thereof was possible.
The subject matter of the Closed Meeting will be: institution and
settlement of injunctive actions; institution and settlement of
administrative proceedings; and other matters relating to enforcement
proceedings.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at (202) 551-5400.
Dated: May 29, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-12891 Filed 5-30-14; 11:15 am]
BILLING CODE 8011-01-P